Part 246s – Smith Robertson Genealogy – Indenture Research – 1822 to 1832 George, Samuel, John, Abel, Samuel George, and George Robert Smith

fternoon, for the second time, and the sun is shining…

My genealogy and ancestry link and connection research for my ggg-grandfather James Smith just gets more and more lengthy and definitely a wee bit more complicated. The following Smith-related Record from the Grenada Registers of Records, 1817-1837 (v. R2-Z2) is one of five Records from Item 8 of the microfilm FHL [1563329].

There are six Smiths who are mentioned in this Record but only one Smith, a George Smith appears to be the critical part of concern. Is this the same George Smith as previously mentioned in my Postings: Part 199s; Part 200s; Part 202s; and Part 203s? I don’t know. There is no specific evidence that could indicate the one and the same. Also, there may a slight possibility that this George Smith could be a son of ggg-grandfather James Smith as briefly mentioned in his Last Will and Testament. (See Part 61s.) Other than this there is no definite hint as to the genealogy or origins of ggg-grandfather James.

This new Record is a long document and it is of eight pages; 75 through and including 82. This Record could be a Power of Attorney and it does get somewhat confusing, especially with the number of persons and names involved. It is long and I did find myself dozing at times as I was just getting “brain-twisted” with all the legal jargon and phrases.

Here are images of the pages 75 through and including 82:

And my long transcription –

75

Examined

(A)

Entered 16th April 1832

To all to whom these presents shall come George Smith
of the City of London Esquire and James Evan Baille of the
City of Bristol Merchant (who survived Philip Monoux Lucas
late of the said ^city of London Merchant deceased) Severally Send gree-
ting Whereas under or by virtue of Indentures of lease and release bear-
ing date respectively on or about the fourteenth and fifteenth days of November
One Thousand Eight Hundred and Twenty two the release being made or
expressed to be made between John Gloster Garraway of Codagan Place in the
County of Middlesex Esquire of the first part Hugh Duncan Baillie and the
said James Evan Baillie and also George Henry Ames Samuel Smith and
the said George Smith and also John Smith Abel Smith Samuel George
Smith and George Robert Smith and Robert Land and Nathaniel Snell
Chauney and also the said Philip Monoux Lucas all therein described
of the second ^part and the said George Smith Philip Monoux Lucas and James
Even Baillie of the third part all those two Messuages adjoining unto
each other situate in the parish and Town of St. George in the Island
of Grenada then or then lately used and occupied by the then late
firm of Garraway and Co as a storehouse Together with all houses out-
houses edifices buildings and appurtenances to the said messuages and
premises belonging And also all ^and singular the several slaves mentioned
and described in the Schedule thereto annexed, or thereunder written and
the Increase and Progeny of the females of the Said Slaves as therein men-
tioned were for the consideration in the said Indenture of _____ ______
by the said John Closter Garraway respectively conveyed assigned or otherwise?
assured unto and for the use of the said George Smith and Phililp Monroux Lucas
and James Evan Baillie their heirs Executors administrators and assigns
for Ever according to the respective nature of the said hereditaments and _____
_____ respectively Upon such trust for sale and other trusts and under? _____
-ject? to such processes? provisos and agreements as? are? and the same Indenture?

of

76

Of Release declared contained and comprised and concerning the
same And whereas the said Philip Monoux Lucas hath lately de-
parted this life leaving the said George Smith and James Evan Bail-
-lie his Cotrustees him surviving And whereas the said George
Smith and James Evan Baillie as surviving trustees as aforesaid
are minded and desirous to appoint proper persons to be their? at
torneys successively in the said Island of Grenada and in the Grena
dines and Dependencies thereof for the purposes hereinafter mentioned
And to incest their said attornies respectively with such powers
and authorities as are hereinafter contained Now therefore
Know ye And these Presents witness that the said George
Smith and James Evan Baillie as such surviving trustees as afore
said for divers food causes and considerations them thereunto respect
tively moving have and each of them hath made ordained nomi
nated constituted and appointed And by these presents do and
each of them doth make ordain nominate constitute and appoint
and in their places and Stead put and depute Alexander
Baillie of the Island of Grenada Esquire their true and law-
ful attorney And in case of the death or incapacity to act or ab-
sence from the said Island Then ^they the said George Smith and
James Evan Baillie Do hereby make ordain nominate constitute and
appoint and in their places and stead put and depute Joseph
Simpson of the said Island of Grenada Esquire to be their true
and lawful Attorney And they the said George Smith and James
the said Alexander Baillie on in the event of his death or incapacity to act or absence from the said Island
Evan Baillie Do hereby authorize and empower ^ The Said Joseph
Simpson For them the said George Smith and James Evan Baillie
as such Trustees as aforesaid and in their respective names or in the
name of the said Alexander Baillie or in any or either of the events
aforesaid the said Joseph Simpson but to and for the use and benefit
of them the said George Smith and James Evan Baillie as such
trustees as aforesaid to enter into and upon and take and demand
possession of The said Messuages or Storehouse houses outhouses edi-
fices buildings and appurtenances slaves and all other the hereditaments and
premises comprised and conveyed or otherwise assured in and by the
said recited Indenture of Lease and Release or all such and son many
and such part and parts thereof as are or is now remaining unsold
or unconveyed under the trusts of the said Indenture of Release and
every part thereof And the possession thereof to retain and Keep And
persons in whose possession the same or any of these? or any _____ there-
of now _____ or is or may be for them the said George Smith and
James Evan Baillie as such Trustees as aforesaid and their names

or

77

Or otherwise as shall be proper or requisite to commence institute prosecute
and carry on one or more actions or Actions of Ejectment or other action or actions
suit or suits at Law or in Equity for the recovery of getting possession thereof or any
part thereof And also for them the said George Smith and James Evan
Baillie as such Trustees as aforesaid and in their names or in the name of
the said Alexander Baillie or in any or either of the events aforesaid the said
Joseph Simpson after he shall have recovered or gotten possession of the se-
everal messuages slaves hereditaments and premises or any of them to
manage maintain and Keep the same to the best advantage and in such
to the intent? of the _____ _____ ______ and to _____ and supply the same with? all _____
manner as he shall thing best and most conducive ^ And also to employ
any Agents overseers Servants and Workmen at any reasonable Salaries
_____ or _____ given to _____ in the capacities in which they shall be employed and to employ
them in and about the care and management of the said messuages
Slave hereditaments and premises or such of them as shall not have
been sold or conveyed or any part thereof And the same at the pleasure
of the said Alexander Baillie or in any or either of the events aforesaid
the said Joseph Simpson to discharge and Another or others in the
Place or Stead of the person or persons who shall be so discharged to sub-
statute or Appoint And generally to oversee and direct the manage-
ment of the said Messuages Slaves and premises on such manner as will
be most conducive to the Interest of the persons interested or entitled to the
same And also for them the said George Smith and James Evan Baillie
as such trustees as aforesaid and in their names or in the name of the?
name of him the said Alexander Baillie or in any or either of the events
aforesaid the said Joseph Simpson or otherwise as may be expedient
or proper but to and for the use and benefit of the persons or person
interested therein to treat contract and agree with any person or
persons who shall be willing and desirous to purchase the same for the
sale of the said said messuages slaves hereditaments and premises or
such of them as shall not have been sold or any part thereof either
entirely and altogether or in such Lots and Parcels as to the said Alex-
ander Baillie or in any or either of the events aforesaid the said Jo-
seph Simpson shall seem ^most? for the best price or prices that can or may
be reasonably had obtained for the same And for that purpose to be se-
curity for all or any part of the purchase money payable by Instalment
with Interest and to be secured in such manner as the said Alexander
Baillie or in any or either of the events aforesaid the said Joseph Simp-
son shall think most beneficial for the persons interested in the same pur-
chases money And also for these the said George Smith and James Evan
Baillie as such trustees as aforesaid and in their names and in their re-
spective acts and deeds or otherwise to enter into sign seal _____ _____ _____
All such Contracts agreements Conveyances Assignments assurances acts
Deeds and Things whatsoever as the said Alexander Baillie _____ in any or

either

78

Either of the events aforesaid the said Joseph Simpson shall
think fir for conveying bargaining selling and disposing of the
said messuages slaves hereditaments and premises or such of them
as shall not have been sold or conveyed or any part or parts thereof
respectively in Order to effectuate any Treaty Contract or Agreement for
the sale and disposition thereof And also for them the said George
Smith and James Evan Baillie as such trustees as aforesaid
and in their names or in the name of the said Alexander Bail-
lie or in any or either of the events aforesaid the said Joseph Simp-
son to ask demand sue for recover and receive the purchased or consi-
deration money or any Instalment or Instalments part or parts
thereof already agreed or hereafter to be agreed to be paid for the
said messuages slaves hereditaments and premises or any part
thereof or the interest due or to become due for the same respective-
ly And good and sufficient receipts acquittances and other dis-
charges to make sign and give for the same And also for them
the said George Smith and James Evan Baillie as such trustees as
aforesaid and in their names or in the name of the said Alexander
Baillie or in any ^or either of the events aforesaid the said Joseph Simp-
son or otherwise as shall be requisite or necessary but to and for
the use of the persons or person interested therein to ask de-
mand sue for levy recover and receive of and from all and
every persons and person in the said Island of Grenada or
in the Grenadines or any of the Dependencies thereof liable or
entrusted to pay the same all such sum and sums of money
rents and arrears of rents profits and produce which now is or
are due or Owing or has or have arisen upon or been produced by or
which shall or may hereafter become due or owing or shall arise or
be produced by or in respect of the said Messuages slaves herdi-
taments and premises or any part or parts thereof And upon re-
ceipt or delivery thereof or any part or parts thereof For them the
said George Smith and James Evan Baillie as such trustees as a-
foresaid and in their names or in the name of the said Alexander
Baillie or in any or either of the events aforesaid the said Joseph
Simpson to make sign seal and execute all and every such good
and sufficient receipts acquittances releases and discharges in the
said? whatsoever for the same as he shall think proper and ____
_____ And in case of nonpayment or nondelivery thereof or any part or
parts thereof respectively to cause? require instituted or prosecute and carry on
one or more action or actions suit or suits at Law or in Equity as the
said Alexander Baillie or an any or either of the events aforesaid the
said Joseph Simpson shall deem requisite and necessary to compel

the

79

The payment or delivery thereof or of any part thereof And also to adjust liquid-
date and finally settle any account or Accounts now open depending or _____
settle or which shall or may hereafter be _____ depending or unsettled between
the said George Smith and James Evan Baillie as such trustees as afore-
said and any other person or persons whatsoever And to receive all
such balance or balances sum or sums of money as upon the liquida-
tion and settlement of any such account as shall appear to be due
or Owing to the said George Smith and James Evan Baillie as such
Trustees as aforesaid And upon refusal or nonpayment of all or any
part or parts of such balance or balances to compel the payment thereof
by all or any of the ways or means aforesaid And also for them the
said George Smith and James Evan Baillie as such trustees as aforesaid
and in their names to appear and their person to represent and person-
ate? in all Courts and before all Ministers Judges and Magistrates in the
said Island of Grenada or in the Grenadines or any of the Dependencies
thereof as to the said Alexander Baillie or in any or either of the events
aforesaid the said Joseph Simpson shall seem proper and necessary
for the purposes of these presents And to sue arrest distrain? Seize sequester
imprison and condemn the person and property of any person or persons who
now is or are or shall or may at any time or times thereafter become indebted to
the said George Smith and James Evan Baillie as such trustees as a-
foresaid and such person or person out of prison to release and dis-
charge as the said Alexander Baillie or in any or either or the events
aforesaid the said Joseph Simpson shall think proper And also to sub-
mit to Arbitration conclude and agree any debt or debts sum or sums
of Money due or Owing payable or belonging to the said George Smith and
James Evan Baillie as such trustees as aforesaid from or by any person or
persons whomsoever or any dispute differences or controversy subsisting depen-
ding or to arise for in respect thereof but so far only as they the
said George Smith and James Evan Baillie as such trustees as aforesaid
are or shall be by law warranted in doing And for that purpose foe them
as such trustees as aforesaid and in their names or in the name of the said
Alexander Baillie or in any or either of the events aforesaid the said
Joseph Simpson to sign Seal deliver and execute one or more _____ or _____ of
Arbitration Deed or deeds or other Instrument or Instruments of _____
and Submission And to stand to obey abide by and perform the _____
_____ Order Arbitration _____ _____ and Determination? of any Arbitrator
or Arbitrators to whom the same shall or may be referred And to
sign seal and deliver all such acquittances releases and discharges as shall
be required and? directed? by such Arbitrator or Arbitrators _____ _____ the said
Alexander Baillie _____ _____ or either of the _____ aforesaid the said
Joseph Simpson shall think fit and necessary _____ _____

them

80

Them the said George Smith and James Evan Baillie as
such trustees as aforesaid or in the name of the said Alexander
Baillie or in any or either of the events aforesaid the said Jo-
seph Simpson or otherwise as shall be proper or expedient to
to _____ and take all such other ways means and expedient for the mana-
ging negotiating and transacting all and every the affairs Busineʃs
and Concerns of and relating to the said Messuages Slaves here
ditaments and premises or such of them as shall not have
been sold or conveyed and for recovering receiving consigning and remit-
ting the purchases moneys or rents and produces thereof as fully
and effectually to all intents and purposes as they the said George
Smith and James Evan Baillie as Such trustees as aforesaid
might or could do if personally present at the doing thereof
herby ratifying allowing and confirming and Agreeing to re-
tify allow and confirm And to hold as good and valid in
the Law all and whatsoever the said Alexander Baillie and
in any or either of the events aforesaid the said Joseph Simpson
shall lawfully do or cause to be done in and about the premi-
ses by virtue and in execution of these presents In witness
whereof the said George Smith and James Evan Baillie have
hereunto set their hands and seals this Sixth day of January
in the Year of our Lord One Thousand Eight hundred and
Thirty two

George Smith (LS) J.E. Baillie (LS)

Signed sealed and delivered by the above named George Smith
in the presence of

Ste Newman 5 New Bank Buildings London
Geo: Diggens – Same place

Signed sealed and delivered by the above named James Evan
Baillie in the presence of

Frederick Dowding Ser? Bath

Wm ʃlocombe – his Clerk

Frederick Dowding of the City of Bath Gentleman
Maketh Oath and saith that he was present and did see James
Evan Baillie of the City of Bristol Merchant duly Sign Seal
and as his Act and did deliver the Deed Poll in Power of Attor-
ney hereunto annexed marked with the Letter A and that the
name “J E Baillie”” thereunto set and subscribed as one of the par-
ties executing the same as of the proper hand writing of the said
James Evan Baillie and this Deponent further saith that
the names “Fredk Dowding” and “Willm ʃlocombe” set and

subscribed

81

Subscribed to the attestation at the foot of the said Deed Poll
or Power of Attorney as Witnesses to the due Execution thereof by the said
James Evan Baillie are of the respective Proper hands Writing of this
Deponent and of the said William Slocombe this Deponent’s Clerk

Fredk Dowding

Sworn at the City of Bath the tenth day of January 1832. Before me

Geo Kitson – Mayor of Bath

To all to whom these Presents shall come I George Kit-
son the Mayor and Chief Magistrate of the City of Bath in that
part of the United Kingdom of Great Britain and Ireland called
England Do hereby certify that on the day of the date hereof personally
came and appeared before me Frederick Dowding of the said City of Bath
Gentleman the deponent named in the above written affidavit being a
person well known and worthy of good credit and by solemn Oath
which he took on the Holy Evangelists of Almighty God did solemnly and
_____ declare testify and depose to be true the several matters and things
mentioned and contained in the said Affidavit above written
(LS)

In faith and Testimony whereof I the
said George Kitson have caused the seal of
Mayoralty of the City of Bath to be set and
affixed hereto this tenth day of January One
thousand Eight hundred and Thirty two
Geo Kitson Mayor of Bath

Stephen Newman of No. 5 New Bank Buildings in the City
of London Gentleman Maketh Oath and saith that he was present
and did see George Smith of the City of London Esquire sign
seal and deliver the Deed Poll or Power of Attorney hereunto an-
nexed marked with the Letter A And that the same was so signed
sealed and delivered by the said George Smith in the presence of the Depo-
nent and George Diggens of New Bank Buildings aforesaid Gentleman
And that the name “George Smith” set and Subscribed to the said Deed
Poll or Power of Attorney as one of the parties Executing the same in of
the proper had writing of the said Geoerge Smith And the names
“Ste. Newman” and “Geo. Diggens” subscribed to the attached as? written
under the said Deed Poll or Power of Attorney as Witnesses to the due _____
_____ thereof by the said George Smith are of the proper handwriting of
this deponent and the said George Diggen respectively

Ste. Newman

Sworn at the Mansion House London this twelfth day of January 1832
Before me

John Key – Mayor

82

To all to whom these Presents shall come I Sir John Key
Baronet Lord, Mayor of the City of London In pursuance of an
Act of Parliament made and passed in the fifth Year of the Reign
of his late Majesty King George the second Instituted an act
for the more easy recovery of debts in his Majesty’s Plantations and
Colonies in America Do hereby Certify that on the day of the
date hereof personally came and appeared before me Stephen New-
man the Deponent named in the Affidavit hereunto annexed being
a person well known and Worthy of Good Credit and by solemn
Oath which the said Deponent then took before me upon the Holy
Evangelists of Almighty God Did solemnly and sincerely declare tes-
tify and depose to be true the several matter and things mentioned
and contained in the said annexed Affidavit.
(LS)

In faith and Testimony whereof I the
said Lord Mayor have caused the Seal of
the Office of Mayoralty of the said City of Lon-
don to be hereunto put and affixed and the
deed poll or power of Attorney marked A
mentioned and referred to in and by the said
Affidavit to be hereunto also annexed Dated
in London the twelfth Day of January in the
Year of our Lord One Thousand eight hun-
dred and Thirty two.

Williams.

Have fun with this one. Stay-tuned for pages 168 to 170.

Enjoy,

Jim