James Traill Esquire advocate Sherriff Depute of the Sherriffdom of Sutherland To my officers in that part conjointly and severally, specially constitute Greeting: Forasmuch as it is humbly meant and shown to me by the Right Honourable Elizabeth Countess of Sutherland heritable Proprietrice of the Lands of Cain and Kilfeddir and Miln of Kilfeddir with all their parts and pertinents lying in the Parish of Kildonan and County of Sutherland, George Leveson Gower and now Sutherland commonly called Earle Gower her husband for his right and Interest and John Fraser Esquire Their Factor and Commissioner, That whereby an act of Sederunt of the Lords of Councills and Sepron dated the fourteenth day of December, One thousand Seven hundred and fifty six Years, intitled act anint removings, It is provided that when a tenant hath not obliged himself to removing with warning, it shall be lawfull to the Heritor or other Setter of the Tacks, either to use the order presented by the Act of Parliament made in the Year one thousand five hundred and fifty five intitled an act anint the removing of tenants and thereupon pursue a removing and ejection, or to bring his action of Removing against tenants before the Judge ordinary and such action being called before the Judge ordinary at least forty days before the term of Whitsunday, shall be held equall to a warning execute in terms of the foresaid Act and the Judge shall thereupon proceed to determine in the removing in terms of that Act in the same manner as if a warning had been executed in terms of the foresaid Act of Parliament And albeit it be of verity that Joseph Gordon Esquire Tacksman of Navidale residing at Navidale is Principal Tacksman or tenant of the Lands of Cain, Lands of Kilfedder and Miln thereof, and of the haill parts and pertinents thereto belonging by Tack or lease which expires at the Term of Whitsunday next In the Current Year One thousand Seven hundred ninety eight and Alexander Polson, William Polson, James Polson, John Gilchrist soldier John Gordon, George Mackay, James Mackay, Elizabeth Sutherland, Robert Sutherland, Hugh Matheson, Hugh MacLeod, Donald Sutherland, Jean Ross, John Ross and John Ross all subtenants and possessors of certain parts [?] of the lands of Cain, Alexander Ross tenant and miller in Kilfeddir, William Mackay then Donald Mackay then Alexander Matheson & Donald Matheson in Corag of Kilfeddir, Alexander Gordon and Alexander Matheson in Saliscragan of Kilfeddir, Angus Polson in Dabul & John Gun Soldier in Garloche of Kilfeddir, an subtenants possessors and outsiders[?] of the same with them haill parts and pertenants and an all moveable tenants therefrom at the Will of the Pursuers and although the Pursuer have oft and divers times descend[?] the said Joseph Gordon Esq as principall Tacksman or tenant of the said Lands of Cain/Kilfeddir and Miln thereof and the said other severall defenders before named to flit and remove themselves their Wives Bairns familys servants subtenants cottars and defenders and their haill goods and give forth and from their respective possessions before mentioned and that and against the respective terms of Removall After mentioned [?] the Houses Gardens and Grass on the foresaid possessions at the term of Whitsunday next, from the miln aforesaid at the term of Lambrass[?] and from the arable lands under crops at the separation of the Crops from the Ground all in this Current Year One Thousand Seven hundred and ninety eight Yrs. Nevertheless they refuse at least delay to do so unless Compelled Therefore and the primatur being of verity the said Joseph Gordon as Principall Tacksman or tenant of the foresaid lands of Cain, Kilfeddir and Miln thereof with all their parts and pertinents and Wm Polson, Alexr Polson, Jas Polson, John Gilchrist, John Gordon, George Mackay, Janet Mackay, Elizabeth Sutherland, Robert Sutherland, Hugh Matheson, Hugh MacLeod, Donald Sutherland, Jean Ross, John Ross, Alexander Ross, Alexander Ross, William Mackay, Donald Mackay, Alexander Matheson, Donald Matheson, Donald Matheson, Alexander Gordon,, Alexander Matheson, Angus Polson and John Gunn Soldier, all Subtenants and possessors of the same Ought and Should be deemed and obtained[?} by decreet[?] and sintence upon my Substitute to flit and remove themselves their wives bairns familys tenants subtenants cottars defenders and haill Goods & Grass [?] & from their respective possessions & ounspections[?] of the foresaid Lands of Cain, Kilfeddir, and Miln thereof with their pertinents and that at and against the respective terms of Removal before mentioned in the Current Year One thousand Seven hundred & ninety eight there to leave the same void and a patent at the respective terms of removal before mentioned in this present Year One thousand Seven hundred & ninety eight to the end the pursuers or others in their name may then enter thereto and peaceably occupy and possess and enjoy the same in time coming or otherwise dispose thereof as they shall think proper an ashesaid[?] Defenders Ought and Should be deemed & ordained to Decist & cease from all from their possession and occupation of the aid lands & others after the foresaid terms of removal according to the Pursuers rights thereto foresaid Act of Sederunt Lybelled on Laws Daily practice of Scotland used and observed in the like cases Therefore my Will is & Command And Charge You that You in his majestys name & authority & mine Lawfully Summon Warn & Charge the said Joseph Gordon Esquire principall Tacksman or tenant of the foresaid Lands of Cain, Kilfeddir & Miln thereof and William Polson, Alexr Polson, James Polson, John Gilchrist, Johgn Gordon, George Mackay, Janet Mackay, Elizabeth Sutherland, Robert Sutherland, Hugh Matheson, Hugh MacLeod, Donald Sutherland, Jean Ross, John Ross, Alexander Ross, Alexander Ross, William Mackay, Donald Mackay, Alexander Matheson, Donald Matheson, Alexander Gordon, Alexr Matheson, Angus Polson, and John Gunn Soldier, subtenants possessors and outsiders[?] thereof defenders personally or at their respective dwelling places all to compear before me or my substitute at Dornochs ordinary Court place thereof the Twentieth day of March current in the hour of cause with Continuation Days to answer at the instance of the said pursuers in the action of removing before Lybelled with Certification- According to Justice & to[?] which to do I Given under the hand of the Clerk of Court at Dornoch the sixth day of March 1798 Year. WWBaylor, Clk[?] Dornoch 20 March 1798 Sh Subte Judge Actor M Hugh Leslie for the pursrs who produced Summons and Execution and C[?] decreet, and the Defrs being called and failing to Compear, The Sherriff Holds the Defenders as Conflict[?] and Deccerns[?] Agnt[?] them in the Removing acc.[?] terms of the Lybell. Hugh McCulloch. rough transcription 5/2001 by Ron in Niagara-on-the-Lake, Ontario Canada --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.251 / Virus Database: 124 - Release Date: 4/26/01