Part 343s – Smith Robertson Genealogy – Indenture Research – 1837 James & Archibald Smith Cont’d

31 August 2010

Afternoon,

At this point, the search and research for the genealogy, ancestry, and family tree of ggg-grandfather James Smith has most definitely not come to a standstill. Even though the name James Smith appears to have been a very common and typical name in 1837, I am certainly glad that for this time period I am only limited, as best as I can see, to the island of Grenada.

I am now using the new version, No. 11 of Dragon NaturallySpeaking. I have been an aficionado since version No. 1 and it is a tremendous assistance as well as a definite boon for this type of, or any type of writing work. The new version is tremendous. I can dictate and the software keys my words directly to the software that I am using. Amazing stuff...

This next Indenture is a continuation of the one that I began in my Posting in Part 341s. This document is definitely the dissolution of the Copartnership of James and Archibald Smith and Robert McCunn all of the City of Glasgow and doing business in the island of Grenada. From my reading it appears that James and Archibald Smith are buying out Robert McCunn.

There does not appear to be any indication or reference, hint or clue of any association or relationship to ggg-grandfather James Smith.

This Document is the last Smith related documented Item 1 of the Grenada Registers of Records found in the microfilm FHL [1563330].

Here are the images, pages 256 through and including 260.


My transcription –
(256)

This Indenture made the Thirty first day of March in the
year of our Lord One thousand eight hundred and thirty seven Between
Robert McCunn of the City of Glasgow Merchant of the one part and James
Smith and Archibald Smith of the same place Merchants of the other part
Whereas the said James Smith Archibald Smith and Robert McCunn have car
ried on the Trade or Busine∫s of a West India Merchant in the City of Glasgow under
the name or firm of “James and Archibald Smith and Company” upon the Terms
and Conditions and under and subject to the Stipulations and Agreements contained
in a certain Contract of Partnership between them bearing date the fifth day of April
One thousand eight hundred and twenty four for several successive periods the first
commencing on the thirty first day of March one thousand eight hundred and twenty
four and the last ending on the day of the date hereof And Whereas the said
James Smith Archibald Smith and Robert McCunn have mutually agreed and
consented to dissolve the said Copartnership And the same as from the day of the date
hereof should cease and determine And upon the treaty for the said dissolution it was
agreed that the said Robert McCunn should retire from the said Business in favour
of the said James Smith and Archibald Smith and that all the Stock in Trade
Debts Effects and Property of or belonging to the said firm of “James and Archibald
Smith and Company” shall belong to and be vested in the said James Smith and
Archibald Smith for their own benefit And that in consideration thereof the said James
Smith and Archibald Smith should pay to the said Robert McCunn the amount
or value of his share and interest in the said Concern and the Stock Debts Effects and
property of or belonging to the same as ascertained and fixed by and between the said
parties And the said James Smith and Archibald Smith have accordingly paid such
amount or value to the said Robert McCunn or secured the same to his good liking
and satisfaction as he the said Robert McCunn doth hereby admit and acknowledge
Now this Indenture Witnesseth that in pursuance and part performance of the
said recited Agreement they the said James Smith Archibald Smith and Robert Mc
Cunn with the mutual consent and assent of each other have and each of them hath
determined and dissolved And by these Presents do and each of them doth deter
mine and dissolve their said Copartnership and joint Trade And do hereby declare
and agree that the same as from the day of the date of these presents shall cease and
determine And this Indenture also Witnesseth that in pursuance
and further performance of the said Agreement on the part of the said Robert Mc
Cunn And in consideration of the premises And also for and in consideration of
the sum of Ten shillings of lawful money of Great Britain to the said Robert
McCunn paid by the said James Smith and Archibald Smith at or immediately
before the sealing and delivery of these present (the receipt whereof is hereby acknow
ledged) He the said Robert McCunn hat granted bargained sold assigned
transferred conveyed released and confirmed And by these Presents doth grant bar
gain sell assign transfer convey release and confirm unto the said James Smith



and


(257)

And Archibald Smith their heirs executors administrators and assigns respectively
according to the nature and quality thereof respectively All the part, share and propor-
tion of him the said “Robert McCunn of and in all and singular the Plantations
Messuages Lands Tenements Rights to services of apprenticed Labourers and
Hereditaments situate and being in the Island of Grenada and elsewhere in the
West Indies and other the hereditaments real and leasehold Estates wheresoever situate
or being and all and singular the Mortgages Goods Wares Merchandizes Stock in Trade
Debts Sum and Sums of money and Securities for Debts and Sum and Sums of money
Effects matters and things vested in or belonging due and owing to them the said James
Smith Archibald Smith and Robert McCunn (whether as mortgages or Owners or
part Owners or otherwise) as Copartners and joint Traders or in respect of their said Copart
nership and joint Trade with all and singular the rights members and appurtenances
thereunto belonging or in anywise appertaining And the Eversion and Reversions
Remainder and Remainders yearly and other Rents Issues and Profits thereof (the said
James Smith and Archibald Smith being now in the actual possession of all such
parts of the said premises as are freehold or of the nature of real Estate by virtue of
a Bargain and Sale to them thereof made by the said Robert McCunn in consi
deration of five shillings by an 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 said Indenture of Bargain and Sale and by force of
the Statute made for transferring uses into possessions) And all the Right Title
Interest Property Claim and Demand whatsoever both at Law and in Equity of him
the said Robert McCunn of in and to the said several premises and every of them
and every part thereof To have hold perceive receive take and enjoy all and singu
lar the premises hereinbefore conveyed and assigned respectively or expressed and
intended so to be with their appurtenances unto and by the said James Smith and
Archibald Smith their heirs executors administrators and assigns respectively accord-
ing to the nature and quality thereof respectively to and for their own proper use and
benefit Subject nevertheless to such rights or Equities of redemption as are now
subsisting in or upon the said premises or any of them And for the better and more
effectually recovering receiving and getting in the said several Debts Effects and Pre-
mises and every or any part of them He the said Robert McCunn hath made
ordained constituted and appointed And by these Presents doth make ordain con-
statute and appoint the said James Smith and Archibald Smith and each of them
their and each of their executors and administrators jointly and severally his true and
lawful Attorneys and Attorney in the joint names of them the said James Smith
Archibald Smith and Robert McCunn or in the names or name of any or either
of them or otherwise but for the proper use and benefit of the said James Smith
and Archibald Smith their executors and administrators to demand call in and
receive of and from all and every person or persons liable or intrusted to pay or
deliver the same respectively the several debts effects and premises hereby assigned


and 


(258)

And to use take and prosecute every or any lawful or equitable method course as
expedient for recovering receiving and getting in the same Debts Effects and Premises or
any part or parts thereof And for all or any of the purposes aforesaid to nominate or
appoint one or more Attorney or Attornies under them the said James Smith and Archi
bald Smith or either of them there or either of their executors or administrators and two
revoke alter or vary every or any such nomination or appointment at his or their plea
sure And to do or cause to be done every other act matter and thing necessary or con
venient in or about the premises And that in as full ample and beneficial a manner
to all intents and purposes as they the said James Smith and Archibald Smith and Robert
McCunn could or might have done in case the said Copartnership had not been
dissolved and these Presents had not been made and executed or as if the said Robert
McCunn was present and did the same And the said Robert McCunn for himself
his heirs executors and administrators doth covenant promise and agree to and with the
said James Smith and Archibald Smith their executors administrators and assigns in
the matter following (that is to say) That he the said Robert McCunn hath not
at any time heretofore assigned released affected discharged or received any of the
said Debts Effects and Premises hereinbefore released and assigned respectively or
done any other act whereby the same or any part thereof may be charged or incumbered
And that he the said Robert McCunn shall and will from time to time and at all
times at the request and Costs and Charges of the Said James Smith and Archibald
Smith or Either of them their or his heirs executors administrators or assigns respectively
make do and execute all or any such further and other act and acts thing and things
for the further and better empowering and enabling the said James Smith and
Archibald Smith or either of them their or his heirs executors administrators and assigns
respectively to recover receive and get in all or any of the Goods Wares Merchandizes
Stock in Trade Debts Effects and Premises mentioned to be hereby released and
assigned respectively for their and his own proper use and benefit and for the more
effectually vesting the same in them or him as by the said James Smith and Archi
bald Smith or either of them their or his heirs executors administrators or assigns or their
or his Counsel in the Law shall be reasonably advised or devised and required And lastly
they the said James Smith….Archibald Smith and Robert McCunn do and
each and every of them doth hereby constitute and appoint John Dirom
Gilbert and Andrew Bain both of the said Island of Grenada Esquires jointly
and severally their true and lawful Attornies and Attorney for them respectively and
in their respective names to appear before the Registrar of the said Island or other
proper Officer and to knowledge these Presents and the Lease for a year herein
before referred to to be the several acts and deeds of them this said James Smith
Archibald Smith and Robert McCunn respectively And for them respectively to
require that the same may be registered or recorded according to the Laws or Usages
of the said Island And to do and cause to be done every other act and thing in the
like cases accustomed or which shall are necessary for perfecting these Presents


and


(259)

And the said Lease for a year and making the same respectively valid and effec –
tual in the Law according to the true intent and meaning thereof In witness whereof
the said parties to these presents have hereunto set their Hands and Seals the day and
year first above written.


Robt McCunn (L S) Jas Smith (L S) Archd Smith (L S)
Signed Sealed and Delivered in the presence of (the words "Rights to Services of Appren –
ticed Labourers" in the first side hereof having been first interlined).


Alex Ranken, Merchant Glasgow
Dugd Macfarlane, Clerk to Jas & Archd Smith & Co, Merchants Glasgow

I Dugald MacFarland of the City of Glasgow Clerk Do solemnly and sincerely
declare that I (together with Alexander Ranken) was present and did see Robert McCunn
of the City of Glasgow, Merchant sign seal and as his act and deed in due form of law deliver
the Indenture or Lease for a Year hereunto annexed bearing date the thirtieth day of March
One thousand eight hundred and thirty-seven And that the name or signature "Robt
McCunn" subscribed opposite the seal thereto as the party executing the same is of the
proper hand writing of this said Robert McCunn And that the names or signatures
"Alex Ranken" and "Dugd Macfarlane" also subscribed thereto as the Witnesses attest
ing the due execution thereof are of the respective proper hand writing of the said
Alexander Ranken and of me this Declarant And I do further declared that I (together
with the said, Alexander Ranken) was present and did see the said Robert McCunn
and James Smith and Archibald Smith of the said City of Glasgow Merchants severally
sign seal and as their respective act and deed in due form of law deliver the Indenture
or Deed of Dissolution and Release and Assignment here unto also annexed bearing date
the thirty first day of March One thousand eight hundred and thirty-seven And
that the names or signatures "Robt McCunn" "Jas Smith" and "Archd Smith" sub –
scribed opposite the seals thereto as the parties executing the same are of the respective
proper hand writing of this said Robert McCunn James Smith and Archibald Smith
And that the names or signatures "Alex Ranken" and "Dugd Macfarlane" also sub –
scribed thereto as the Witnesses attesting the due execution thereof are of the respective
proper hand writing of the said Alexander Ranken and of me this Declarant And
I make this solemn Declaration conscientiously believing the same to be true and
by virtue of the Provisions of an Act made and passed in the Sixth year of the
Reign of his present Majesty entitled "An Act to repeal an Act of the present
Session of Parliament entitled an Act for the more effectual abolition of Oaths and
Affirmations taken and made in various Departments of the State and to substi
tute Declarations in lieu thereof and for the more entire suppression of voluntary
an extrajudicial Oaths and Affidavits and to make other provisions for the abolition of
unnecessary oaths."


Dugd Macfarlane
Made at this City of Glasgow the Seventeenth day of April before me


William Mills – Lord Provost


(260)

To all to whom these Presents shall come I William Mills
Lord Provost and Chief Magistrate of the City of Glasgow in that part of Great Bri
tain called Scotland In pursuance of An Act passed in the Sixth year of
the Reign of his present Majesty King William the Fourth Intituled An Act
to repeal An Act of the then present Sessions of Parliament intituled An Act for the
more effectual Abolition of Oaths and Affirmations taken and made in various Depart
ments of the State and to substitute Declarations in lieu thereof and for the more
entire suppression of voluntary and extra judicial Oaths and Affidavits and to
make other provisions for the abolition of unnecessary Oaths Do hereby Certify that
on the day of the date here personally came and appeared before me Dugald Mac
farlane named in the Declaration hereunto annexed being a person well known and
worthy of good Credit and who did before me solemnly and sincerely declare to be true
the several matters and things contained in this said Declaration.
(L S)



In faith and testimony whereof I the said Lord
Provost and Chief Magistrate have caused the Common Seal
of the said City of Glasgow to be hereunto put and affixed and
the Indentures of Lease and Deed of Dissolution and Release and
Assignment mentioned and referred to in and by the said Decla-
ration to be hereunto also annexed Dated at Glasgow the seven
teenth day of April in the year of our Lord One thousand
eight hundred and thirty-seven.
William Mills, Lord Provost

And now on Item 2.

Enjoy,

Jim

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