Though they are no fewer than four papers in this case transmitted to be advised it is not in such a shape that the Ordy thinks he can pronounce a judgement. The whole cause turns upon certain stipulations said to be contained a contract of lease and yet that contract is not produced. At present however the view which the order has of the different particulars . As to 1 Article of bondance that if the landlord is bound by the Tack to perform certain conditions, such as to make fences and has failed to implement these conditions this affords the tenants a ground of retention more particularly as in the present case they offer caution. The Ord_____ not bound by the decree antuhal is yet inclinned to receive it as evidence of the fact. Thinks that by this decree damages are only given down to 1799 and if nothing has been done by the landlord since that period damages are still due and the Ondy is much inclined to ascertain the amount according to the estimate of the Asbiter. Oct 2 depends upon to word of the lack Oas 13 the lease mus determine whether the claim falls within the landlords obligations
No Voucher is produced to show that the sum has been paid by the Defs 405th Articles seems to be admitted.
Cause to be called.
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James a copy of Lot Con____ notes in the mail and duties ago, All tenants of Duuvier - And as the leaves in called on Tuesday next will March you for your observations there on in caurier. The Tash was taken out of p______ in order to pronve the Newtae which explains the first part of the Notes
I am Sir Your ____________ _________________
Edinburgh 19th July 1805
James Hannay Esquire
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