New Spalding Club > Records of Invercauld MDXLVII - MDCCCXXVIII [1547- 1828]

ESTATE PAPERS : LAWSIE. 83
" Att Lausie the threeteen day of Janury seventeen hunder and
eight years, it is agreed betuext Charles Farqrson of munaltrie and
Duncan Shaw of Crathie read on the on and others pairts that is to say
the sds Duncan Shaw having right by his position and Instrument of
posesion Folowing therupon to tuentie bolls of corn and stra made
wictuall of sum tym belonging to John Gordon portioner of Lausie for
sertain soums of money dew be the sds John Gordon to the sd Duncan
Shaw and wheras Charles Farqrson forsd as oversier to Elisboth Orak
only Daughter to the deseast Charles Orak sum tym at the milltun of
Lausie doth quarall the sds Duncan his titell to the sds corns ther being
dew and yit unpayed : to his sd pupall be the sd John Gordon the soum
of four hundereth marks ut by gon & rents on bond and the sd Charles
Farqrson finding himself bund to Recover payment of what is posable of
the sds John Gordon his effects for his sds pupalls behoof enters in the
underwritten submision and so shun aney debat anent the sds corns wit
ye me the sd Duncan Shaw with the Resurvation of the submition under-
writen to hav Instently deliver'd to the sd Charles Farqrson the sd
oversier aforsaid the sds quantity of tuentie bolls of victuall with the foder
and that in pairt of payment of the sd soum dew be the sd John Gordon
to the sd Elisboth Orak with pouer to the sd Charles Farqrson to
intermidell with the saim Imediatly and mak use of or to dispos of the
saim at his pleasure always for the use of the sd Elisabeth Orok his
pupoll and I the sd Charles P'arqrson considering that the sd Duncan his
aright as aforsd and not being willing that he should be at any con-
siderable Lose for his kindnes and asysting my sd pupoll therfor wit ye
me to hav submited by thir presents to the Determination of John
Farqrson off Envercald and Alexander Farqrson now of munaltrie shosen
be me and to Charles Gordon of Abergildie and Charles Farqrson writer
in Edr be thir presents shosen be the sd Duncan and in cais discrepance
gives pour to them to choos ane oversman for cognossing of the sd
Duncan titells and valedity of his Daitt and therafter to determin what
shair of the prise of the sd corns shall belong to the sd Duncan for his
right aforsaid and both of us oblidgs us to stand to ther decreet arbitriel
ther anent under the failzie of fiftie marks to be payed be the partie
breaker to the partie performer or willing to perform by and out over
fullfiling of the premises and I the sd Charles Farqrson of munaltrie be
thir presents grants the Recepts of the sd corns and binds and oblidges
me to hold count for the saim with the sd John Gordon or aney having
his pouer in the first end of my sd pupolls debt and grant Recept for the
saim on demand And for the mor security we are content thir putts be
Regrat in aney judges books competent to have the strenth of ane decreet
that all letters of excertd needful may pass heirupon in form as efiers
and therto constitute
" Our prov in witnes wherof the putts ar written be James Shaw