Part 172s – Smith Robertson Genealogy – Indenture Research – 1799 Benjamin D’Harriette Smith

13 January 2010


And now I include the island country of Trinidad in the course of this transcription project. The next Record from the Grenada Register of Records that I extracted from the microfilm FHL [1563328], Item 2 is dated 17 September 1799 recorded and entered in Grenada from Trinidad.

This record appears to be the 1799 appointment by one Walter Stott of Grenada of Attornies Benjamin D’Harriette Smith and Archibald Armstrong, both of Grenada, his power of attorney. It is interesting that in 211 years people, certainly in legal positioning, haven’t changed much. The script and the wigs may have changed, but not the processes.

Oh and by the way, throughout this era you may see the letter “ʃ”, the long s used a lot. It appears to be consistent in words that are spelled with double “esses” such as “nece ʃsary” – necessary and “a ʃsigns” – assigns. But please note that I chose that my transcription project not be a translation project. First of all I am a man with a mission – to find those clues that may lead me to the origins of my ggg-grandfather James Smith, the senior. And second, I do not want to get bogged down with attempting to interpret legal documents as I do not have much knowledge or experience parsing the laws of the time. That is another project for the distant future.

Here are the three pages of the first Smith record from Item 2.

And my transcription –

Entd. 17 Septemr… 1799
To all to whom these Presents do shall
or may concern, I Walter Stott of the Island of Grenada
Esquire but at Present in the Island of Trinidad having had
(what I conceive and conscientiously think) various unjust
Suits at Law commence against me in the said Island of
Grenada and finding it extremely inconvenient to go there for
a few weeks to come (as I am carrying on the Cultivation of a
Considerable Estate or Plantation in this Island Trinidad) have
constituted and appointed And by these Presents do constitute
and appoint Benjamin D’Harriette Smith and Archibald
Armstrong of the said Island of Grenada Esquires my Attornies
joyntly and severally to appear or cause an Appeasance to be
enter’d for me in all and every such Suit or Suits as had or
have already been or may hereafter be commenced against me
either at Law or in Equity or in any Court or Courts whatsoever
in the said Island of Grenada. And to have the same property
defended by retaining able Attornies and Counsel for that purpose
And in Case it should be found necʃsary or deemed Expedient by
my said Attornies or either of them Severally to have any Suit
or Suits instituted for me or on my behalf against any Person
or Persons whomsoever either at Law or in Equity on in any Court
or Courts whatsoever in the said Island of Greanda to cause the
same to be instituted accordingly and prosecuted to final Judg-
ment Sentence or Decree. And for that purpose to appear for
and represent me in all Courts and before all Chancellors
Masters in Chancery Judges Justices Ordinaries, Registers

Secretaries Marshalls and all Ministers of Law and Justice
whatsoever in or before which or who it shall or may be
requisite for me to appear or be represented. And to deliberate
for me and in my name and on my Behalf and as may Act and
Deed all and every such Bond or Bonds Obligation or Obligations
Recognizances or Recognizances Stipulation or Stipulations
Security or Securities Instrument or Instruments of Writing
whatsoever as my said Attornies joyntly or either of them
Severally shall be required or find neceʃsary to enter into for
me or on my Behalf. And whereas the Prosecution of
such Suit or Suits as shall or may be instituted by my said
Attornies on my Behalf and the Defence of those Suits which
already have been or may hereafter be instituted against me
must neceʃsarily be attended with considerable Experience I do
authorize and empower my said Attornies joyntly and Severally
from Time to Time as occasion shall require to draw upon
me where ever I may then be for whatever Sum or Sums of
Money they may want for the Purpose of Carrying on with
Zeal and Dispatch such Suit or Suits either for or against
me Hereby promising to ratify and confirm whatsoever
my said Attornies Joyntly and Severally shall lawfully do or
lawfully cause to be done for me by virtue of thes Presents
In Witneʃs whereof, I the said Walter Stott have
hereunto Set my hand or Subscribed my name and Affixed
my Seal this twenty ninth day of August in the Year of
our Lord One thousand Seven hundred and ninety nine.

Walter Stott LS
Sign’d sealed and Acknowledged
as and for his Act and Deed.}
in the Presence of us Thomas F. Layfield & Thomas Stokes

Before the Honorable Thomas Bridg-
water Esquire Chief Justice of his Majes-
ty’s Court of Common Please established
for the said Island of Grenada, and
the Islands call’d the Grenadines, for
Such of them as are Annexed thereto
or dependent thereon.
Personally appear’d on the Seventeenth day of September in
the Year of our Lord One Thousand seven hundred and ninety
nine Thomas F. Layfield commonly call’d or know by the
name of Thomas Frier Layfield of the said Island Merchant
who being duly sworn on the Holy Evangelists of Almighty
God deposed That he has lately been in the Island of Trinidad
And that he was present with Thomas Stokes the other
Subscribing Witneʃs to the within Instrument of Writing
when the within named Walter Stott sign’d Seal’d and
Acknowledged the same as and for his Act and Deed he
this Deponent and the said Thomas Stokes Subscribed their
respective names in Attestation thereof as appears thereto

Thomas F. Layfield
Sworn to before me this Seven-}
tenth day of September in the}
Year of our Lord One thousand seven hundred and ninety
nine before me.       T. Bridgwater.

And what about the Smith association? Well there does not seem to be any tell-tale clues or indications that Benjamin D’Harriette Smith is obviously connected to ggg-grandfather James. It appears that he is the same Benjamin D’hariet Smith as introduced in Part 171s, except for the spelling of the middle name; D’Harriette versus D’hariet. My one question: is Benjamin’s surname “D’Harriette Smith” or just “Smith”? This would not be the first time that our family exhibits the construction of a compounded surname formed with the coupling of a middle name and the last name Smith, such as “Malins Smith” and “Lloyd Smith”. But please let me reiterate... I have no present proof that Benjamin D’Harriette Smith is an ancestor. And of course this does not mean that it may be so.

Forward on…




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