Part 312s – Smith Robertson Genealogy – 1830 Archibald & James Smith

08 July 2010

Morning,

The sun is shining and the ground is beginning to dry, that is until the next down pour… which of course happens here almost every day June through the end of October. I’ve got the air-conditioning off and airing out the house. You can image six damp dogs cooped up in a closed house.

And today is National Video Game Day in the U.S. I thought in today’s environmental structure that that really takes place 365 days each year. But who am I to make any reasonable comment?

And I hit a new high mark in my genealogy research. To date 11,032 Page Views of A Genealogy Hunt or on the average of 26 Pages Views per day have been recorded. Thank you.

This next Record of the Grenada Registers of Records is one that appears to follow the Indenture I worked on in Part 311s. If I think I understand the sequence this new Indenture, beginning on Page 151 and dated 15 November 1830 is attached or “annexed” to the previous one dated 14 November 1830 and entered 30 April 1832.

The two Smiths included are the Merchants James Smith and Archibald Smith of the City of Glasgow. It is somewhat “eye-opening” to read that Glasgow is in North Britain. And needless to say there is no apparent reference, hint or clue to the ancestry of ggg-grandfather James Smith.

Here are the images from the microfilm FHL [1563380] and of Item 6. Pages 151 through 157 –


My transcription –
(151)

This Indenture made the fifteenth day of November in the year of our
Lord one thousand and eight hundred and thirty Between Robert Kirk and
John Todd both of the town of Saint George in the island of Grenada Merchants
and Copartners of the one part and James Smith Archibald Smith and
Robert McCunn of the City of Glasgow in north Britain Merchants and
Copartners of the other part Whereas the said Robert Kirk and John Todd
having contracted with David McEwen of the Island of Grenada Esquire for the
purchase of the plantation or estate called Saint George situate in the parish of Saint
George in the said Island of Grenada and other the premises in and by a certain In
denture hereinafter referred to particularly mentioned at or for the price or sum
of Six thousand four hundred and seventy eight pounds fourteen shillings sterling
money of Great Gritain requested the said James Smith Archibald Smith and
Robert McCunn to advance and lend them the said Robert Kirk and John Todd
the said sum of Six thousand four hundred and seventy eight pounds fourteen
shillings which they the said James Smith Archibald Smith and Robert McCunn
agreed to do and have done upon having a certain mortgage debt in the said Inden
ture mentioned to be secured upon the said plantation or estate and also upon having
the said plantation or estate and other the hereditaments and premises mentioned
and comprised in the said indenture conveyed and assigned do these ^the said James Smith
Archibald Smith and Robert McCunn for securing the repayment to them of the
said sum of Six thousand four hundred and seventy eight pounds fourteen shillings
and such further or other sum or sums of money as they might thereafter lend or
advance on account of the said Robert Kirk and John Todd And Whereas by Indenture
bearing date the fifteenth day of June one thousand eight hundred and thirty and made
between the said David McEwen of the first part Thomson Hankey the elder John
Alexander Hankey and Thomson Hankey the younger therein described of the second
part Thomas Walpole therein ^also described of the third part the said Robert Kirk and John
Todd of the fourth part and the said James Smith Archibald Smith and Robert McCunn
of the fifth part being the indenture hereinbefore mentioned and which w3as duly recorded
in the register’s office of the said island of Grenada on the twenty fifth day of October in
the present year Eighteen hundred and thirty after reciting among other matters that
the said Robert Kirk and John Todd had been let sale into the poʃseʃsion of the said planta
tion and premises and had put several additional slaves and a quantity of additional
live and dead stock upon the same all which additional slaves and stock were intended
to be comprised in the security to be made to the said James Smith Archibald Smith
and Robert McCunn aforesaid but that it not being poʃsible to obtain in England

an

(152)

An accurate list of such additional slaves it had been agreed that the con
veryance and assignment of such additional slaves and stock should not be comprised
in the said indenture but should be made as soon as conveniently might be by in
dorsement thereon or otherwise in the said island and in consideration of the said
sum of six thousand four hundred and seventy eight pounds fourteen shillings sterling
money of Great Britain and other the considerations therein mentioned the said
mortgage debt or sum therein mentioned And all those the plantations messuages
lands tenements and hereditaments therein also mentioned and also All these negro
and other slaves male and female then being upon or belonging to the said plan
tations and hereditaments whose names and descriptions according to the then
last official return for the said Island made pursuant to the registry act are par
ticularly mentioned and set forth in the schedule annexed to the said reciting
Indenture and the then past and future issue progeny and increase of the fe
males of the said slaves and all the males and other cattle and live ^and dead stock in
upon or belonging to the said plantations and hereditaments and also all other the
premises in the said indenture of the fifteenth day of June Eighteen hundred and thirty
mentioned and comprised were respectively and duly and effectually assigned transferred
and set? over unto the said James Smith Archibald Smith and Robert McCunn
their executors administrators and assigns for such term of years therein then to come
and unexpired and for all such estate and interest and in such manner upon such
provisoes trusts conditions and to and for such ends intents and purposes and under
and subject to such covenants and agreements as in and by the said indenture of the
fifteenth day of June Eighteen hundred and thirty are particularly mentioned expressed
and declared concerning the same And Whereas the said additional slaves in and
by the said indenture of the fifteenth day of June Eighteen hundred and thirty agreed
to be conveyed and aʃsigned are intended so to be conveyed and assigned xxxx xxxxxxxx
unto the said James Smith Archibald Smith and Robert McCunn in and by these
presents and not by endorsement on the said indenture and in the manner hereinafter
mentioned and are respectively named and described in the Schedule thereof herein
unto annexed or hereunder written And whereas the said additional stock in
tended and expressed to be hereby conveyed and aʃsigned _____ of? two horses twenty
one mules and asses and fifty head of horned cattle And whereas by the laws
of the said Island of Grenada all negroes and other slaves and all stock and
utensils belonging to a plantation in the said Island one real estate of inheritance
and the general and most usual mode of conveying them are by indenture of lease
and release Now this Indenture witnesseth that in consideration of the
sum of Six thousand four hundred and seventy eight pounds fourteen shillings ster
ling money of Great Britain so lent advanced and paid by the said James Smith
Archibald Smith and Robert McCunn at the request and unto or to the order or
on account of the said Robert Kirk and John Todd us hereinbefore and in the said
Indenture of the fifteenth day of June Eighteen hundred and thirty particularly
mentioned and expressed and for other the considerations therein mentioned and _____

in

(153)

In consideration of the sum of five shillings to each of them the said Robert Kirk
and John Todd in hand paid by the said James Smith Archibald Smith and
Robert McCunn at or before the sealing and delivery hereof the receipt whereof is
hereby acknowledged and as or further or collateral security with the said indenture of
the fifteenth day of June Eighteen hundred and thirty and the mortgage debt plan
tations and hereditaments therein comprised and thereby conveyed and assigned in man
ner aforesaid The said Robert Kirk and John Todd Have and each of them
Hath granted bargained sold aliened ^and released and by these presents Do and each of
them Doth grant bargain sell alien release and confirm unto the said James Smith
Archibald Smith and Robert McCunn (in their actual poʃseʃsion now being by virtue
of a bargain and sale to them thereof made by the said Robert Kirk and John Todd
in consideration of five shillings by indenture bearing date the day next before the day of
the date of these presents for the term of one whole year commencing from the day next
before the day of the date of the same indenture of bargain and sale and by fore of the
statute made for transferring uses into poʃseʃsion) and to their heirs All those several
male and female slaves whose names ages and descriptions are particularly men
tioned expressed and contained in the schedule thereof respectively hereunto annexed
or hereunder written and the present and future progeny issue and increase of the
females of the same slaves and also all and singular the horses mules asses and cattle
and other stock whether animate or inanimate which they the said Robert Kirk
and John Todd have or either of them hath put or placed upon the said plantation
or estate call St. George and the rents services issues and profits of the same slaves
and stock and all the estate right title interest use trust property poʃseʃsion poʃsibilty
claim and demand whatsoever of them the said Robert Kirk and John Todd and
each of them of in to out of upon or concerning the same respectively To have and To
hold the said slaves stock and premises hereby conveyed and released or mentioned
or intended so to be unto and to the use of the said James Smith Archibald Smith
and Robert McCunn their heirs and assigns Nevertheleʃs subject to the same
provisoes trusts conditions and to and for the same ends intents and purposes and
under and subject to the same covenants and agreements or such of them respectively
as are applicable and capable of taking effect as in and by the said Indenture of the
fifteenth day of June Eighteen hundred and thirty are particularly mentioned ex
pressed and contained of and concerning the said mortgage debt or sum therein men
tioned and the said plantations messuages lands tenement hereditaments negro
and other slaves and other the premises in and by the said indenture of the fifteenth
day of June Eighteen hundred and thirty mentioned and comprised assigned trans
gerred and set over or expressed or intended so to be unto the said James Smith Archi
bald Smith and Robert McCunn their executors administrators and assigns And
the said Robert McCunn their executors administrators and assigns And the said
Robert Kirk and john Todd do hereby for themselves their heirs executors and adminis
trators covenant promise and agree with and to the said James Smith Archibald
Smith and Robert McCunn their heirs and assigns in manner following the is

to

(154)

To say that (for and notwithstanding any act deed matter or thing what
soever made done executed committed occasioned or suffered by them the said
Robert Kirk and John Todd or either of them to the contrary) they the said
Robert Kirk and John Todd at the time of the sealing and delivery of these pres
ents are lawfully rightfully and absolutely seized of or well and sufficiently
entitled to the several male and female slaves stock and all and singular other
the premises hereinbefore granted released and conveyed or mentioned or intended
so to be of and in a good sure perfect lawful absolute and indefeasible estate of
inheritance without any manner of condition contingent proviso power of revoca
tion or limitation of any new or other use or uses or any other matter restraint
cause or thing whatsoever to alter change charge revoke make void lesson or de
termine the same estate And that (for and notwithstanding any such act deed
matter or thing as aforesaid) they the said Robert Kirk and John Todd have in
themselves good right full power and lawful and absolute authority to grant
bargain sell alien release assign and convey the said several male and female
slaves stock and premises hereby granted released and converyed or mentioned or
intended so to be unto the said James Smith Archibald Smith and Robert MC
Cunn and their heirs in manner aforesaid and according to the true intent and
meaning of these presents And also that it shall be lawful for the said James Smith
Archibald Smith and Robert McCunn their heirs and assigns from time to time
and at all times hereafter peaceably and quietly to have hold use occupy poʃseʃs
and enjoy the said slaves and premises hereby granted and released or mentioned
or intended so to be and to receive and take the rents services issues and profits
thereof respectively without any let suit trouble denial eviction ejection interrup
tion or disturbance of from or by the said Robert Kirk and John Todd or either of
them their or either of them heirs or any other person or persons lawfully or equitably
claiming or to claim by from through under or in trust for them or either of them
and that free and clear and freely and clearly acquitted exonerated and discharges
of from and against all and all manner of former and other gifts grants bargains
sales leases mortgages jointures dower and all right and title of dower uses trusts
will entails recognizances judgments extents executions annuities legacies payments
rents and arrears of rent and forfeitures re-entries cause and causes of forfeiture and re
entry and ^of from and against all and singular other estates titles trouble charges
and incumbrances whatsoever had made done committed executed occasioned or
suffered by them the said Robert Kirk and John Todd or either of them or by any
person or persons lawfully or equitably claiming or who shall or may have a lawfully
or equitably claim any estate right title trust or interest in to or out of the said
salves and premises hereby granted and released or mentioned or intended so to be
by from through under or in trust for them the said Robert Kirk and John Todd
shall and will from time to time and at all times hereafter upon every reasonable
request of the said James Smith Archibald Smith and Robert McCunn their
heirs or assigns and at the proper costs and charges in the law of the said Robert Kirk

and

(155)

And John Todd their heirs or aʃsigns make do acknowledge levy suffer and
execute or cause and procure to be made done acknowledged levied suffered and exe
cuted all such further and other lawful and reasonable acts deeds and things devises
conveyances and assurances in the law whatsoever for the further better more pers
fectly and absolutely granting releasing and conveying assuring and confirming the
said slaves and premises hereby granted and released or mentioned or intended so to
be unto the said James Smith Archibald Smith and Robert McCunn their heirs
and assigns or otherwise as they shall appoint as by the said James Smith Archibald
Smith and Robert McCunn their heirs or aʃsigns or their counsel in the law shall
be reasonably advised or devised and required so that no such further assurance or
assurances contain or imply any further or other warranty or covenant than? against
the person or persons who shall make and execute the same his her or their heirs
executors and administrators acts and deeds only and is that the person or persons
who shall be required to make and execute any such further assurance or assurances
be not compelled nor compellable for the making or doing thereof to go or travel from
his he or their dwelling or respective dwellings or usual place or places of abode or re
sidence In witness whereof the said parties to these presents have hereunto set
their hand and seals the day and year firstly in these presents written.

--------- Schedule within referred to ---------


Males
NamesAgeColourCountryMarks
Francois54 YearsBlackCreoleNo marks
Louison51 ”Africa
Romain13 ”Creole
William4 ”
Benjamin1 ⅓ ”
Quamine9 ½ ”
Modeste16 ”
John Charles15 ”
Thomas6 ½ ”
John Louis7 ½ ”
William15 ”
John Christophe10 ”
Gill8 ½ ”
Harry24 ”
John Francoise56 ” Lost his right eye
John Vier24 ” No marks
Edward7 ”
John Baptiste25 ”
John Pierre48 ”
Louis Charles28 ” Lost his right leg by amputation


George

(156)


NamesAgeColourCountryMarks
George2 y 5 mos No marks
Ramsey5 ”
Alexan4 ”
Alfred2 mths 23 days
Betsey39 yearsBlackAfricanNo marks
Agnes17 ” Creole
Clariʃsa6 ” 5 mths
Charles14 years
Agar51 ” a Scar on the right elbow
Bridget24 ” CreoleNo marks
Rosalie20 ”
Jeanne12 ”
Monique6 ”
Constance41 ”
Elsea8 ½ ”
Adelaide41 years BlackCreole
Mary18 ”
Jenny59 ” AfricaCountry marks on forehead
Marianne24 ” CreoleNo marks
Martharine51 ”
Victoire43 ”
Cecile3 ”
Lear49 ”
Euphrosine1 yr 5 mt ”
Rennette1 ½ yr


Robert Kirk (LS) John Todd (LS) Jas Smith (LS)
Archd Smith (LS) Robt McCunn (LS)

Signed sealed and delivered by the said Robert Kirk and John Todd in the
presence of us the forgoing name Louis being first erased

Dacre R. Crake Henry Otway

Signed sealed and delivered by the said James Smith Archibald Smith and
Robert McCunn in the presence of

Alex Ranken John Miller

John Henry Otway of the town of Saint George in the island of Gre
nada maketh oath and saith that he this deponent was present with one Dacre
Rodney Crake and that they both saw the within named Robert Kirk and John
Todd execute and as and for their respective act and deed deliver the within Inden
ture of release and also say them the said Robert Kirk and John Todd execute and

as

(157)

As and for their respective act and deed deliver the deed of bargain and
sale annexed thereto and referred to therein and that this deponent and the
said Dacre Rodney Crake are subscribing witneʃses to the execution thereof res
pectively by the said Robert Kirk and John Todd That the names Robert Kirk
and John Todd subscribed to the said deeds respectively are of the respective proper
handwriting of the said Robert Kirk and John Todd and that the names Dacre
R. --- Crake and Henry Otway subscribed as witnesses to the execution thereof
respectively as aforesaid are of the proper handwriting of the said Dacre Rodney Crake
and this deponent respectively

Henry Otway
Sworn before me in the town of Saint George this 15 day of November 1830

Dan Gibbs – Assistant Justice

Grenada John Miller of the town of Saint George in the island of
Grenada maketh oath and saith that the this deponent was present with me
Alexander Ranken and that they both in the within named James Smith
Archibald Smith and Robert McCunn execute and as and for these respective
act and deed deliver the within Indenture of release and the deed? of bargain and
sale annexed thereto and referred to therein and that this deponent and the said
Alexander Ranken are subscribing witnesses to the execution thereof respectively
by the said James Smith Archibald Smith and Robert McCunn ^ that the names James Sith Archibald Smith and Robert McCunn subscribed to
the said deeds respectively are of the respective proper handwriting of the said James
Smith Archibald Smith and Robert McCunn and that the names Alex Ranken
and John Miller subscribed as witnesses to the execution thereof respectively in afore
said are of the proper handwriting of the said Alexander Ranken and this depo
nent respectively

John Miller
Sworn before me in the town of Saint George this 30th day of April 1832
Dan Gibbs - Assistant Justice
Enjoy,

Jim

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