Note 64 — Chapter XXVIII

"I cannot get a distinct account of the nature of the land rights. The Udal proprietors have ceased to exist, yet proper feudal tenures seem ill understood. Districts of ground are in many instances understood to belong to Townships or Communities, possessing what may be arable by patches, and what is muir as a commonty, pro indiviso. But then individuals of such a Township often take it upon them to grant feus of particular parts of the property thus possessed pro indiviso. The town of Lerwick is built upon a part of the commonty of Sound, the proprietors of the houses having feu-rights from different heritors of that Township, but why from one rather than another, or how even the whole Township combining (which has not yet been attempted) could grant such a right upon principle, seems altogether uncertain. In the mean time the chief stress is laid upon occupance. I should have supposed, upon principle that Lord Dundas, as superior, possessed the dominium eminens, and ought to be resorted to as the source of land rights. But it is not so. It has been found that the heritors of each Township hold directly of the Crown, only paying the Scat, or Norwegian land-tax, and other duties to his lordship, used and wont. Besides, he has what are called property lands in every Township, or in most, which he lets to his tenants. Lord Dundas is now trying to introduce the system of leases and a better kind of agriculture.[64] Return home and dine at Sinclair's, a decent inn—Captain M'Diarmid and other gentlemen dine with us.—Sleep at the inn on a straw couch.