Part 519sb – Robertson Genealogy – Indenture Research – 1798 Robert Smith – Carriacou – 4/4

03 June 2011

Good Morning,

The Pack has had their morning walk and breakfast. All are each doing their own thing, and I thought that I had better sit down and finish Part 4/4 of the latest Indenture that I have been transcribing. There is no incidence of a clue to a connection to ggg-grandfather James Smith. This of course means that I will just continue my Transcription Project of other Smith-related Indentures as found in the Grenada Registers of Records.

Continuing on from Part 518sb here are the next seven pages of the 1798 Indenture, Part 4/4. As I previously wrote, this has been a long Indenture and I have decided to post my transcription work to four postings; 1/4; 2/4; 3/4; and 4/4. The Document Pages include Pages 376 through and including 402. They are downloaded from the Grenada Registers of Records 1799-1811 (v. M4-W4) from the microfilm FHL [1563378].

Here are images of Pages 397 through and including 402.


My transcription –
(397)

Be made in Payment of the said several Bills of Exchange or some of
them or some part thereof as and when the same shall respectively become due
and payable contrary to the aforesaid Proviso and Covenant for payment of the
same and the true intent and meaning of these Presents without any let suit trouble
interruption or disturbance whatsoever of from or by the said John Campbell the
elder Alexander Campbell and Alexander Campbell the Younger or any of them
their or any of their Executors Administrators or A∫signs or of from or by any other
Person or Persons whomsoever lawfully or equitably claiming or to claim by from
under or in Trust for them or any of them And it is hereby agreed and declared
between and by all and every thesaid Parties to these Presents that thesaid Robert
Smith his Executors Administrators and A∫signs shall stand and be po∫se∫sed of and
interested in the Hereditaments and Premises a∫signed to him for the residue of the
mid term of one thousand Years by the said Indenture of the tenth day of
February one thousand seven hundred and ninety-seven as hereinbefore is
mentioned and of and in their Appurtenances for the new residue of the said Term
Upon the Trusts following (that is to say) In Trust in the first place for better
securing to the said John Campbell the elder Alexander Campbell and Alexander
Campbell the Younger their Executors Administrators and A∫signs the payment of the
said several Bills of Exchange as and when the same shall respectively become due
and payable according to the Proviso and Agreement for payment of the same
and the true intent and meaning of these Presents And from and after payment
and satisfaction thereof then as to one undivided third Part or share of the Premises
comprised in the said term of one thousand years in trust for the said Patrick
Bartlet is Heirs Executors Administrators and A∫signs according to the nature and
quality thereof respectively and to convey a∫sign and dispose thereof as he or they shall
direct or appoint and as to one other undivided third part or share of the Premises
comprised in the said term of one thousand Years In trust for the said William
Arbuthnot is Heirs Executors Admors and A∫signs according to the nature and
quality thereof respectively and to convey a∫sign and dispose thereof as he or they
shall direct or appoint and as to the remaining undivided third part or share of
the Premises comprised in the said term of one thousand Years In Trust for the
said John Span his Heirs Executors Administrators and A∫signs according to the

nature

(398)

Nature and quality thereof respectively and to convey a∫sign and
dispose thereof as he or they shall direct or appoint and in the mean time and
until such Conveyance A∫signment and disposition respectively shall be made
In trust to permit the said term of one thousand Years to wait upon and attend
the freehold and Inheritance of the said Premises to protect the same from all
mesne incumbrances (if any such their be) And lastly the said John
Campbell the elder Alexander Campbell and Alexander Campbell the Younger
Patrick Bartlet William Arbuthnot and John Span Do and each and every of
them Doth hereby nominate constitute and appoint Duncan Campbell
Alexander Stewart and John Orr all of the Island of Grenada Esquires their
and each of their true and lawful Attorneys and Attorney jointly and separately
to knowledge the respective hands and seals of them the said John Campbell
the elder Alexander Campbell and Alexander Campbell the Younger Patrick
Bartlet William Arbuthnot and John Span described and affixed to these
Presents and to the Lease for a Year on which the same is grounded to be their
respective ^ Hands writing and seals and to acknowledge these Presents and the said Lease for a Year as their Productive Acts and Deeds before the Register of the Island of Grenada or his
lawful Deputy for the time being or other competent Person in the said Island in
order that the same may be registered and recorded according to the acts laws
and Constitutions of the said Island of Grenada as fully and effectually to all
intents and purposes as they the said John Campbell the elder Alexander Campbell
and Alexander Campbell the Younger Patrick Bartlet William Arbuthnot and
John Span or any of them might or could do if personally present In Witne∫s
where all the said Parties to these Presents have hereunto set their hands and seals
the day and year first above written
John (L S) Campbell Senr. Alex (L S) Campbell Alex (L S) Campbell Junr
by Alex Campbell his attorney
Alex (L S ) Campbell Junr. Pat (L S ) Bartlet William Arbuthnot
by Pat (L S) Bartlet his Atty.
John (L S) Span William Arbuthnot (L S)
Sealed and Delivered by the within named John Campbell the Elder Alexander
Campbell and Alexander Campbell the Younger by his Attorney Alexander
Campbell

(399)

Campbell (being first duly stamped) In the Presence of
Robert Grahame Notary Public Glasgow
Chas. Menzies Clerk to John Campbell Senior and Company Glasgow
Sealed and Delivered (by the within named Patrick Bartlet William Arbuthnot
by the said Patrick Bartlet his Attorney and John Span) in the presence of
Worthn Brice of Bristol Merchant
J. Lewis of College Green Bristol
Sealed and Delivered (by the within named William Arbuthnot in his proper person)
in the presence of
Geo Webb Hall of Bristol Atty at Law
J. Lewis of College Green Bristol
Robert Grahame of the City of Glasgow Notary Public Maketh Oath and
Saith that he this Deponent was present and did see the Indenture of Lease for
an Year hereunto annexed (marked with the Letter A) duly signed sealed and
delivered by the therein named John Campbell the Elder Alexander Campbell
and Alexander Campbell the Younger by the said Alexander Campbell his
Attorney who so signed sealed and delivered the same in the presence of this
Deponent and Charles Menzies of Glasgow Clerk to the therein named John Campbell
Senoir & Company And that the names and signature “John Campbell Senr” “Alexdr
“Campbell Alexr Campbell Junr. by Alexr Campbell his Attorney” set and subscribed
to the said Indenture of Lease for a Year as three of the Parties executing the same are
of the respective proper hands Writing of the said John Campbell the Elder
Alexander Campbell and the said Alexander Campbell as Attorney for Alexander
Campbell the Younger And that the names Robert Grahame and Chas Menzies”
as and subscribed to the Attestation thereon indorsed as Witne∫ses to the due execution
thereof by the said john Campbell Alexander Campbell and Alexander Campbell
the Younger by his Attorney the said Alexander Campbell are of the respective proper
hands writing of the Deponent and the said Charles Mezies And this
Deponent farther Saith That he was also present and did see the Indenture of
Release and A∫signment hereunto also annexed (marked with the letter B) duly
signed sealed and delivered by the therein named John Campbell the Elder
Alexander Campbell & Alexander Campbell the Younger by the said Alexander
Campbell his Attorney who so signed sealed and delivered the same in the presence
of

(400)

Of the Deponent and the said Charles Mezies And that the Names and
Signatures “John Campbell Senr.” “Alexr. Campbell Alexr. Campbaell Junr. by Alexr
Campbell his Attorney” set and subscribed to the said Indenture of Release and
A∫signment as three of the Parties executing the same are of the respective proper
hands Writing of the said John Campbell Alexander Campbell and the said
Alexander Campbell as Attorney for Alexander Campbell the younger And
that the names Robert Grahame and Chas. Menzies set and subscribed to the
Attestation indorsed on the said Indenture of Release and A∫signment as
Witne∫ses to the due Execution thereof by the said John Campbell Alexander
Campbell and Alexander Campbell the younger are the respective proper
hands Writing of this Deponent and the said Charles Menzies
Sworn before me Lord Provost and Chief }
Magistrate of the City of Glasgow this ninth }
day of May 1798. }
Robert Grahame
James McDowall
To whom these Presents shall come I James
McDowall Esquire Lord Provost and Chief Magistrate of the City of Glasgow
In pursuance of an Act of Parliament made and pa∫sed in the fifth Year of the
Reign of his late Majesty King George the Second Intituled “An Act for the more
easy recovery of Debts in His Majestys Plantations and Colonies in America”
Do hereby Certify that upon the day of the date hereof personally came and
appeared before me Robert Grahame the Deponent named in the Affidavit
hereunto annexed, being a person well known and worthy of good credit, And by
solemn Oath which the 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 thesaid annexed Affidavit
(LS)
In faith and Testimony whereof I the said lord Provost 
have caused the Seal of the said City of Glasgow to be hereunto put 
and affixed and the Indenture of Lease and Release marked A and 
B mentioned and referred in and by the said Affidavit to be hereunto 
also annexed Dated at the said City of Glasgow the ninth day of 
May

(401)

May One thousand and seven hundred and ninety eight
James McDowall
John Lewis of the City of Bristol Gentleman maketh Oath and saith that he
was present and did see the Indenture of Release and A∫signment hereunto
annexed (marked with the letter B) duly signed sealed and delivered by the
therein named Patrick Bartlet William Arbuthnot by the said Patrick Bartlet
his Attorney and John Span who so signed sealed and delivered the same in the
presence of this Deponent and Worthington Brice of the said City of Bristol
Merchant And that the Names “Pat. Bartlet” “Willm. Arbuthnot by Part Bartlet
his Atty.” “John Span” set and subscribed the said Indenture of Release and
A∫signment as three of the Parties executing the same are the respective proper
Hands Writing of the said Patrick Bartlet, the said Patrick Bartlet as Attorney
for the said William Arbuthnot and of the said John Span And that the Names
“Worthm Brice” “J. Lewis” set and subscrived to the attestation indorsed on the
said Indenture of Release and A∫signment as Witne∫ses to the due Execution thereof
by the said Patrick Bartlet William Arbuthnot by his Attorney the said Patrick
Bartlet and John Span are of the respective proper Hands Writing of the said
Worthington Brice and this Deponent ^And this Deponent also saith that he was afterwards present
and did see the said Indenture of Release and A∫signment duly signed Sealed
and delivered by the said William Arbuthnot in his proper person who so signed
sealed and delivered the same in the presence of this Deponent and George Webb
Hall of the said City of Bristol Attorney at Law And that the name “William
Arbuthnot” set and subscribed to the said Indenture of Release and A∫signment
as one of the Parties executing the same is of the proper hand Writing of the said
William Arbuthnot And that the Names “Geo. Webb Hall” “J. Lewis” set and
subscribed to the attestation indorsed on the said Indenture of Release and
A∫signment as Witne∫ses to the due execution thereof by the said William
Arbuthnot are of the respective proper Hands Writing of the said George Webb
Hall and this Deponent
J. Lewis
Sworn at the said City of Bristol the twenty }
second day of September 1798 before me }
Thos. Daniel Mayor


(402)

To all to whom these Presents shall come I Thomas 
Daniel Esqr. Mayor of the City of Bristol do hereby certify that on the day 
of the date hereof personally came and appeared before me John Lewis (the 
Deponent named in the Affidavit hereunto annexed being a person well 
known and worthy of good Credit) and by his solemn Oath which the said 
Deponent then took before me on 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 his said annexed Affidavit
(LS)
Thos. Daniel
Mayor
In Faith and Testimony whereof I the said Mayor have 
hereunto set my Hand and caused the Seal of my Office of Mayoralty 
of the said City to be hereunto set and affixed and the Indenture of 
Release and A∫signment marked B mentioned and referred to in 
and by the said Affidavit to be hereunto also annexed Dated at 
Bristol the twenty second day of September in the Year of our Lord 
One thousand seven hundred and ninety eight 
Grenada 
Acknowledged before me by Alexander Campbell Junior Esquire
one of the Parties to the within Indenture and whose Name appears to be
subscribed to the fourth Seal of the same Indenture as and for hi free and
voluntary Act and Deed this Tenth day of May One thousand seven hundred
and ninety nine
JH Horsley
Dep Register

And now on to the next search in the next Indenture.

Enjoy,

Jim

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