Part 305s – Smith Robertson Genealogy – Indenture Research – 1830 James, Archibald & David Smith – 3 of 3

02 July 2010

Evening,

As I hack and cough with a summer cold, I finally get to finish the transcription of this onerous Record. It is a total of 30 Pages from the Grenada Registers of Records, and an aggregate of 15,198 transcribed words. (Of course, I’m not counting the ones that I can’t make out.)

The depth and breadth that I have set myself to search through the countless Smith-related Records in the Grenada Registers of Records has been a very good learning experience for me. But at times I do fall asleep at my keyboard. My obsession is genealogy.

It has become important to me to check out every note, jot, and tittle in the search for my ggg-grandfather James Smith’s ancestry, origins and family tree. I can state that there does not appear to be any cross-reference or indication of association to ggg-grandfather James.

As noted in Parts 303s and 304s this Posting is the third and final portion of the Record entered 21 October 1830 to the Grenada Registers of Records. The Indenture appears to be culmination of precious contracts and agreements that date back over 62 years. There is a copious number of names in this Record.

Here are the final 10 pages; images downloaded from Item 5 of the microfilm FHL [1563380] – Page 144 through and including Page 153.


My transcription –
(144)

These presents unpaid and justly due and owing and the securities
hereby aʃsigned are respectively in full force and virtue and not released or
rendered void or voidable And that it shall and may be lawful to and for
the said James Smith Archibald Smith and Robert McCunn their executors
administrators and aʃsigns to have hold receive and enjoy the said mortgage
debt principal monies and interest plantations hereditaments effects securities
and premises term of years liens estates and interests respectively and every of
them and every part thereof and the interest produce and profits thereof res
pectively and to sell and dispose of the same several premises according to the
true intent and meaning of these presents without any let suit interruption
or denial whatsoever of or by the said David MacEwen his executors administrators
or aʃsigns or any other person or persons claiming or deriving title by from through
or under him And that freed and discharged or by him the said David MacEwen
his heirs executors administrators saved harmleʃs and indemnified of form and
against all charges and incumbrances made or suffered by him or any person or persons
claiming or deriving title by from through or under him And further that he
the said David MacEwen his executors or administrators shall not nor will at any
time or times hereafter (without the consent in writing of the said James Smith
Archibald Smith and Robert McCunn or the survivors or survivor of them or the
executors administrators or aʃsigns of such survivor or the order Judgment or Decree
of some Court of Law or Equity for that purpose first had and obtained) received
release acquit or discharge all or any part of the said principal and interest
monies hereby aʃsigned or any interest thenceforth to grow due or without such
consent order judgment or decree revoke or countermand all or any of the powers
or authorities hereinbefore contained and given to the said James Smith Archi
bald and Robert McCunn their executors administrators or aʃsigns nor?
release discontinue discharge prevent or hinder any action suit or other means?
to be prosecuted had or taken by them or any of them for obtaining payment
of the said principal and interest monies or any part thereof And further
that he the said David MacEwen his executors and administrators and all other
persons rightfully claiming and to claim by from through or under him shall
and will from time to time and at all times hereafter (upon every reasonable
request and at the expense of the said James Smith Archibald Smith and
Robert McCunn or the said Robert Kirk and John Todd some or one of
them their some or one their executors administrators or aʃsigns) make do give
and execute or cause or procure to be made done given or executed all such further
and other lawful and reasonable acts deeds conveyances aʃsignments powers and _____
ities and other aʃsurances whatsoever for the further and more satisfactorily con
veying aʃsigning or aʃsuring unto vesting in the said James Smith Archibald
Smith and Robert McCunn or the survivors or survivor of them their or his
executors administrators or aʃsigns the said mortgage debt principal monies and
interest plantations hereditaments effects securities and premises term of years liens

estates

(145)

Estates rights and interests hereinbefore respectively aʃsigned or intended so
to be according to the true intent and meaning of these presents and for authorizing
and empowering them respectively to receive and obtain payment of the said
principal and interest monies or any part thereof or to sell and dispose of the
said premises according to the powers in that behalf hereinbefore contained as by
the said James Smith Archibald Smith and Robert McCunn or their executors
administrators or aʃsigns or any of their or their or any of their counsel shall be
lawfully and reasonably devised or advised and required And the said Robert
Kirj and John Todd do hereby for themselves their heirs executors and admini
strators jointly and severally covenant promise and agree to and with the said
James Smith Archibald Smith and Robert McCunn their executors adminis
trators and aʃsigns in manner following (that is to say) that they the said
Robert Kirk and John Todd their heirs executors or administrators some or one
of them shall and will well and truly pay or cause to be paid unto the said
James Smith Archibald Smith and Robert McCunn or the survivors or
survivor of them or the executors administrators or aʃsigns of such survivor the said
sum of six thousand four hundred and seventy eight pounds fourteen shillings
of lawful money of the United Kingdom of Great Britain and Ireland together
with interest for the same at the rate of five pounds percent per annum at or
upon the said fifteenth day of December now next ensuing and in like manner
pay or cause to be paid every such further sum (not exceeding ten thousand pounds
of like money in the whole including the said sum of six thousand four hundred
and seventy eight pounds fourteen shillings as the said James Smith Archibald
Smith and Robert McCunn their executors administrators or aʃsigns or any of them
shall hereafter advance and lend to or advance and pay on account of the said
Robert Kirk and John Todd their executors or administrators at the end of six
calendar months next after the payment advance or loan of every such sum of
money with interest for the same in the meantime after the rate aforesaid
without any deduction or abatement default or delay whatsoever And further
that is shall and may be lawful to and for the said James Smith Archibald
Smith and Robert McCunn their executors administrators and aʃsigns from
time to time and at all times after default shall happen to be made in pay
ment of the said principal monies hereby secured to them or intended so to
be or the interest ^thereof or any part thereof respectively at the times and in manner
hereinbefore appointed for payment thereof peaceably and quietly to enter into
and upon and to have hold receive and enjoy the said mortgage debt principal
monies and interest securities plantations hereditaments slaves stock and
premises term of years liens estates and interest whatsoever hereinbefore respectively
aʃsigned or intended so to be and to receive and take the produce and profits thereof
and to sell and dispose of the same premises with the appurtenance according
to the powers or provisoes hereinbefore contained without any let suit trouble?
eviction or interruption and freed and discharged of and from all entries actions

suits

(146)

Suits charges titles and incumbrances whatsoever And moreover
that they the Robert Kirk and John Todd respectively and their
respected executors and administrators and every other person having or law
fully or equitably flaming or who shall or may have or lawfully or equitably
claim any state right title use trust or interest into or out of the said premises
for any of them shall and will from time to time and that all time (after default
shall happen to be made in payment of the said principal monies hereby
secured or the interest thereof or any part thereof respectively at the time and
in the manner hereinbefore mentioned and appointed for payment thereof)
is and their own expense bake to execute or cause and procure to be
made done and executed all such further and other lawful and reasonable
ask deeds conveyances and aʃsurances in the law whatsoever for the further ^better
more perfectly and absolutely aʃsigning conveying and aʃsuring the said mort
gage debt principal monies and interest securities plantations slaves stock
hereditaments and premises term of years liens estates and interests respect
ively hereby aʃsigned or intended so to be with the appurtenances and the
full and whole benefit thereof unto the said James Smith Archibald Smith
and Robert McCunn or the survivors or survivor of them their or his executors
administrators and aʃsigns ads by the said James Smith Archibald Smith
and Robert McCunn or any of them their or any of their executors administrators
or aʃsigns or their counsel shall be reasonably devised or advised and required
And also that they said Robert Kirk and John Todd respectively or their
respective executors administrators or aʃsigns shall and will if required join in
any sale or sales that shall be made under the power for that purpose hereinbefore
contained and execute the conveyances and assurances to the purchaser or purchasers
and enter into all usual and reasonable covenants with such purchaser or purcha
sers is it her or their executors administrators and assigns for the estate title pos
seʃsion and further assurance of the premises sold or do any other reasonable
act for confirming such sale or sales Nevertheleʃs it is hereby expressly
declared and agreed that the joining of the said Robert Kirk and John Todd
or either of them their or either of their executors administrators or aʃsigns in any
such sale or conveyance shall not be deemed or considered as eʃsential or neceʃsary
to perfect a title the purchaser or purchasers of the said premises or any of
them And moreover that they said Robert Kirk and John Todd their
heirs executors or administrators shall and will as soon as conveniently may be
after the execution of these presents effectually convey and aʃsure (by Deed or
Deeds to be indorsed on these presents or otherwise) all such additional slaves
and live and dead stock as now are upon or used with the aforesaid plantations
and estates or either of them and the iʃsue end increase of such slaves and other
the appurtenances and the fee simple and other absolute interest of and in
the same slaves and stock unto and to the use of them said James Smith
Archibald Smith and Robert McCunn their heirs executors administrators

or

(147)

Or assigns respectively as a further security for the payment of such principal
monies and interest as are hereby secured to them at the days or times hereinbefore
mentioned in that behalf and subject to such proviso for redemption and with such
or the like power of sale and other powers provisoes declarations and agreements
as are in these presents contained with respect to the premises hereby aʃsigned or
intended so to be or as shall be by them is said James Smith Archibald Smith
in Robert McCunn or the survivors or survivor of them or the executors admin
istrators or aʃsigns of such survivor or their or any of their counsel lawfully and
reasonably devised or advised and required Provided always and it is hereby
declared and agreed that until such default shall be made in payment of the
monies intended to be hereby secured or the interest thereof or some part thereof as
aforesaid it shall be lawful for the said Robert Kirk and John Todd their executors
administrators and aʃsigns to hold and enjoy the said premises hereby aʃsigned or
intended so to be and every part thereof and to receive and take the interest _____
produce and profits thereof for their own use without any hindrance denial or
disturbance of from or by the said James ^Smith Archibald Smith and Robert McCunn
or any of them their executors administrators or aʃsigns And it is
hereby declared and agreed by and between the said parties hereto of the fourth
and fifth parts that in case any of them the said parties hereto of the fifth part
shall die before the money hereby secured to them shall be paid the receipts or
receipt of the survivors or survivor of them shall be good and sufficient discharges
for the same without the executors or administrators of such of them as shall die
joining or being required to join or concur in such receipts or in any conveyance
aʃsignment for transfer of the hereditaments effects and premises hereby aʃsigned or
intended so to be And lastly each and every of the said parties hereto do hereby con
statute and appoint George Macewan and Robert Stronach both of the said
Island of Grenada and each of them the true and lawful attorneys or attorney of the
parties hereto and each and every of them for them and every or any of ^them and in their and every or any of their names or
name to appear before the Registrar of the said Island or other proper officer or
officers there and to acknowledge these presents to be their several acts and deeds
and for them respectively and on their several behalfs to require that the same
may be registered or recorded according to the laws or usage of the said Island and
to do and cause to be done every other act and thing neceʃsary in that behalf And
further to make do sign seal deliver and execute all such acts deeds instruments
aʃsurances matters or things whatsoever as shall or may be neceʃsary to be deemed
expedient for perfecting the conveyance and aʃsignment hereinbefore made or in
tended so to be and for carrying into full and complete effect and execution this
Indenture and every clause matter and thing herein contained neceʃsary to the
true intent and meaning of the said parties and of these presents or as near thereto
as the Laws and Customs in force in the said Island will admit And for all or any of
the purposes aforesaid to use and sign the names and seals of the said parties or any
of them And also to make substitute and depute one or more attorney or attornies

deputy

(148)

Deputy or deputies under them said attornies above named or any
of them severally and respectively and the same again from time to time at
pleasure to revoke and other or others in their or his places or place to depute
and put as often as occasion shall require In witneʃs where of the said parties
to these presents have hereunto set their hands and seals the day and year
first above written

The Schedule to which the above written Indenture refers
From the Duplicate Registry of Slaves for the Island of Grenada for the year 1825


NamesSupposed AgeColourCountryConspicuous Marks
Males
Antoine24 yearsBlackGrenadaThree small scars on the face
Andrew29 ”
Amadis12 ”
Charles33 ”
Christopher32 ”Lost his right thumb
Hillaire25 ”A Scar acroʃs the right Cheek
Francoise48 ”Lost his right Arm
Frederick4 ”
Grenville18 ”
Gun2 ”
Honore43 ”A scar on the breast
Germain27 ”
John Francois30 ”
John33 ”
Johnne48 ”Scars under the right _____ _____ _____
Lewie7 ”
Mitchell28 ”
Nicholla22 ”
Noel5 ”
Potieur68 ”
Paschell73 ”Lost the fingers of the right hand
St Cyr20 ”
Sylvester63 ”Small scars on the upper _____
Wally53 ”
Zephine58 ”AfricanCountry marks on both cheeks
Females
Agnes10 yearsBlackGrenada
Betsey11 ”


Charlotte

(149)


NamesSupposed AgeColourCountryConspicuous Marks
Charlotte73 yearsMulattoGrenada
Charlotte 2nd7 ”
Chlotilde33 ”BlackA Scar on the breast
Catherine30 ”
Claire9 ”
Dorothy 1st83 ”
Dorothy 2nd48 ”
Desire10 months
Elleane30 years
Felicity78 ”
Julien9 ”
Lisette31 ”
Louise42 ”
Lidia18 ”
Mary Madlaine28 ”
Mariette26 ”
Mary Ceil 1st40 ”Defect in the left eye
Mary Ceil 2nd27 ”
Marth Rose42 ”A small wound spot in the breast
Phiette44 ”Lost her right leg by amputation
Rosy44 ”
Rosellie25 ”
Susan52 ”AfricaA sore on the right leg
Sophy22 ”Grenada
Zabeth 1st58 ”
Zabeth 2nd55 ”
Zoe15 ”
Mary Louise43 ”
Malina9 ”


From the Annual Return of the Increase of Slaves belonging or attached to and worked
upon Saint George Estate for the year 1826

Increase
NamesAgeColourCountryHow AcquiredConspicuous MarksMother’s nameremarksMalesFemales
Babby11 monthsBlackGrenadaBy BirthNoneClothilde/
Sammie6 mosBlackGrenadaBy BirthNoneSophia/
Madlain2 mosBlackGrenadaBy BirthNoneMarriette/


(150)

From the Annual Return of the Increase of Slaves belonging or
attached to and worked upon St. George Estate for the year 1828

Increase


NamesAgeColourCountryHow AcquiredConspicuous MarksMother’s nameremarksMalesFemales
John Charles9 mosBlackGrenadaBy BirthNoneCatherine/


David McEwen (LS) Thomson (LS) Hankey
John Alexander (LS) Hankey Thomson (LS) Hankey Junr.
Thomas Walpole (LS) Robert Kirk (LS) John Todd (LS)
Jas (LS) Smith Arch (LS) Smith Robt (LS) McCunn

Signed sealed and delivered by the within named Thomson Hankey the
elder John Alexander and Thomson Hankey the younger (being
first duly stamped) in the presence of

James Brooke, Furnival’s Inn London
Henry Wordsworth, Threadneedle St. London
Signed sealed and delivered by the within named Thomas Walpole (being
first duly stamped) in the presence of

Robt. L. Appleyard, Lincoln Inn London – Gentn
Edward Pike, Clerk to Mr. Appleyard
Signed sealed and delivered by the within named James Smith Archibald
Smith and Robert McCunn in the presence of

David Smith – Clerk to James Archd Smith & Co. – Glasgow
Alex. Ranken – Clerk to James Archd Smith & Co. – Glasgow
Signed sealed and delivered by the within named David McEwen in the
presence of

Henry Otway
Signed sealed and delivered by the within named Robert Kirk and John
Todd in the presence of

Henry Otway

Received the day and year first within written of and from the within
named James Smith Archibald Smith and Robert McCunn the sum
of Six thousand four hundred and seventy eight pounds fourteen shillings being the
consideration money within mentioned to be by them paid to us - £1478.14.-
Thomson Hankey, John Alexander Hankey, Thomson Hankey Jr.
Witneʃs

James Brook, Henry Wordsworth

James Brooke of Furnival’s Inn in the City of London Gentleman
maketh oath and saith that he (together with Henry Wordsworth of Threadneedle
Street in the City of London Gentleman) was present and did see Thomson Hankey
the elder John Alexander Hankey and Thomson Hankey the younger three of
the parties to the Indenture or Deed of Transfer hereunto annexed bearing date

the

(151)

The fifteenth day of June one thousand eight hundred and thirty severally
sign seal and as their respective act and deed in due form of law deliver the said
Indenture And did also see the said Thomas Hankey the elder John Alexander
Hankey and Thomson Hankey the younger severally sign the receipt endorsed
thereon and that the names or signature “Thomson Hankey” “John Alexander Hankey”
and “Thomson Hankey Junr.” subscribed to the said Indenture as three of the parties
executing the same and also subscribed to the said receipt are of the respective proper
handwriting of the said Thomson Hankey the elder John Alexander Hankey and
Thomson Hankey the younger and that the names or signatures “James Brooke”
and “Henry Wordsworth” endorsed on the said Indenture as the witneʃses attesting
the due execution thereof by the said Thomson Hankey the elder John Alexander
Hankey and Thomson Hankey the younger and also as the witneʃses to the signing
of the said receipt are of the respective proper handwriting of this deponent and
the said Henry Wordsworth

James Brooke
Sworn at the Mansion House in the City of London the 15th day of June 1830
before me John Crowder – Mayor

To all to whom these presents hall come I John Crowder Lord Mayor
of the City of London In pursuance of an act of Parliament made and paʃsed
in the fifthe year of the reign of his late Majesty King George the second Inti
tuled 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 James Brooke and Edward Pike the
deponents named in the Affidavits hereunto annexed being persons well known
and worthy of good credit and by solemn oath which the said deponents then took
before me upon the Holy Evangelists of Almighty God Did solemnly and sincerely
declare testify and depose to be true the several matters and things mentioned and
contained in the said annexed Affidavits
(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 London to be hereunto put and affixed and the
Indenture or deed of Transfer mentioned and referred to in
and by the said Affidavits to be hereunto also annexed Dated
in London the fifteenth day of June in the year of our Lord
one thousand eight hundred and thirty
Windale

Edward Pike of Lincolns Inn in the County of Middlesex Gentleman
maketh oath and saith the he (together with Robert Langley Appleyard of
the same place Gentleman) was present and did see Thomas Walpole one of the
parties to the Indenture or Deed of Transfer hereunto annexed bearing date the
fifteenth day of June one thousand eight hundred and thirty sign seal and as

his

(152)

His act and deed in due form of law deliver the said Indenture and
that the name or signature “Thomas Walpole” subscribed to the said Inden
ture as one of the parties executing the same is of the proper handwriting of
the said Thomas Walpole and that the names or signatures “Robt L. Appleyard”
and “Edward Pike” endorsed thereon as the witneʃsing attesting the due execution
thereof by the said Thomas Walpole are of the respective proper handwriting
of the said Robert Langley Appleyard and of the deponent

Edward Pike
Sworn at the Mansion house in the City of London the 15th day of June 1830
before me

John Crowder
Mayor

David Smith Clerk to James & Archibald Smith & Company Merchant
Galsgow maketh oath and saith that he (together with Alexander Ranken
also Clerk to James & Archibald Smith & Company) was present and
did see James Smith Archibald Smith and Robert McCunn there of the
parties to the Indenture or Deed of transfer hereunto annexed and bearing date
the fifteenth day of June one thousand eight hundred and thirty severally
sign seal and as their respective act and deed in due for of Law deliver the said
Indenture and that the names or signatures “Jas. Smith” “Archd Smith” and
“Robt McCunn” subscribed to the said Indenture as three of the parties execu
ting the same are of the respective proper handwriting of the said James Smith
Archibald and Robert McCunn and that the names or signatures
“David Smith” and “Alex Ranken” endorsed thereon as the witneʃses attesting
the due execution thereof by the said James Smith Archibald Smith and
Robert McCunn are of the respective proper handwriting of the said Alexander
Ranken and of this deponent

David Smith
Sworn at the City of Glasgow the sixth day of July 1830 before me
Alex. Garden
Lord Provost

To all to whom these presents shall come I the Honorable Alexander
Garden Lord Provost and Chief Magistrate of the City of Glasgow in that part
of Great Britain called Scotland Do hereby Certify that on the day of the date
hereof personally came and appeared before me David Smith the deponent
named in the ^forgoing Affidavit 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 testify and depose to
be true the several matters and things mentioned and contained in the said Affidavit
(LS)

In faith and testimony whereof I the said Lord Provost and Chief Magi
state have caused the common seal of the said City of Glasgow to _____ _____ ____
and affixed and the Indenture or Deed of Transfer mentioned and referred to in
and by the said Affidavit ^to be hereto annexed Dated at Glasgow the sixth day of July
in the year of our Lord one thousand Eight hundred and thirty
Alex. Garden - Lord Provost

(153)

Grenada Henry Otway of the town of Saint George in the island
of Grenada Barrister maketh oath and saith that he this deponent was present
and saw David McEwen Robert Kirk and John Todd Esquires in the annexed
Indenture names as parties thereto execute and as and for their respective act
and deed deliver the said annexed deed and that this deponent is a subscribing
witneʃs to the execution thereof by the said David McEwen Robert Kirk and
John Todd that the names David McEwen Robert Kirk and John Todd
subscribed at the foot of the said deed are of the respective proper handwriting
of the said David McEwen Robert Kirk and John Todd and that the name
Henry Otway subscribed as a witneʃs to the execution thereof by the said David
McEwen Robert Kirk and John Todd is of the proper handwriting of deponent

Henry Otway
Sworn before me this 21st day of October 1830
Dan Gibbs
Aʃsistant Justice

(The mini-film is from the British Government Public Information Films; Coughs and Sneezes (1945). Archive.org.)

Gesundheit! Finally done. On to the next Record in Item 5.

Enjoy,

Jim

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