Part 896s – Smith Robertson – The Search Continues for GGG-Grandfather James Smith – 1798/9

Good Day,

And The St. George’s Chronicle and Grenada Gazette dated Friday June 8, 1798; No. 484 provides additional and possible thought in the search for the ancestry of GGG-Grandfather James Smith.

My transcription –

THE Sub∫criber having received full powers
from Thomas Tarleton, John Tarleton, and
Daniel Backhou∫e, E∫q. all the different branches
of the Commercial Hou∫e of Tarletons and Back-
hou∫e of Liverpool, formerly trading to and from
this i∫land under the firm of Thomas Tarleton and
Co. by their ∫everal Agents or Factors, Morris, Fer-
gu∫on, and Po∫tlthwaithe; Morris and Po∫tlethwaite;
William Po∫tlethwaite and Po∫tlethewaite and Smith,
begs leave to inform all manner of per∫ons who may
be indebted in any wi∫e to the above-mentioned
firm of Thomas Tarleton and Co, that he only in
this i∫land is duly authori∫ed to give them valid and
legal di∫charge for their re∫pective debts, as will
fully appear by a reference to the ∫aid powers, duly
recorded in the Secretary;s Office of this I∫land, to
him directed, in conjunction with William Smith
E∫q; of the i∫land of Martinico, merchant; Richard
Hooton, E∫q; of the i∫land of Dominica, merchant,
and Jo∫hua Hinde, E∫q; of Bath E∫tate in the colony
of Demarary, merchant, which were received by the
Sub∫criber on Sunday la∫t in the fir∫t April mail for
this i∫land, brought from St. Vincent’s in his Ma-
je∫ty’s ∫loop Frederic. JOHN FERGUSON


ON the 31∫t ultimo the following notice was ∫ent
to William Po∫tlethewaite, E∫q; his an∫wer
thereto being deeming in∫ufficient by the above
∫igned, he is induced to publi∫h it:
SIR, St. George’s Grenada, May 31 1798.
In con∫equence of my being now duly inve∫ted
with full powers, (which you have paru∫ed in the
Secretary’s office) from Thomas Tarleton, John
Tarleton, and Daniel Backhou∫e, E∫quires, your
late employers, under the firm of Thomas Tarleton
and Co. in this i∫land, I do ∫pecifically demand from
you all their Books of Accounts, Mortgages, Bonds
Notes, and every other Specialty or Specialties, of
‘what∫oever nature they may be, ari∫ing from the
tran∫actions of that Hou∫e during the agencies of
Morris, Fergu∫on, and Po∫tlethwaite, Morris and
Po∫tlethwaite, William Po∫tlethwaite, and Po∫tle-
thwaite and Smith; as al∫o, all their hou∫es, lands,
∫hallops, ∫ailor negroes, and other ∫laves, and every
other article that may appertain or belong unto
them the ∫aid Thomas Tarleton, John Tarleton, and
Daniel Backhou∫e, E∫quires. Your prompt com-
pliance with this my requi∫ition will prevent me
from adopting mea∫ures that will be di∫agreeable to
my∫elf, and which in the end may prove highly de-
trimental to you.
(Signed) JOHN FERGUSON.
William Po∫tlethwaite, E∫q.


Please remember that the letter “∫”, the long “s” is used in the body of the original text. I am very curious now as to when the actual “∫” was used and when the “s” was used. It appears to me that there is now consistent direction, but then again I don’t think that I was around in 1798. If I was I believe I would have walked in to GGG-Grandfather James Smith’s office and asked him directly who his father, my GGGG-Grandfather was.

Something to note, GGG Grandfather James Smith passed away in 1842, His eldest daughter, my gg-grandaunt Sophia was born about 1806. The William Smith mentioned in the above passage could have been at least older than ggg-grandfather James Smith. GGG-Grandfather could have been about, at possibly the youngest between the ages of 7 and 13 years old. This is purely a guess on my part.

If you have any comment, question, thought, idea please feel free to contact me via email at A Genealogy Hunt.

Regards,

Jim

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Part 895s – Smith Robertson – The Search Continues for GGG-Grandfather James Smith – 1798/9

Good Day,

This may be a surprise to all because it is one to me. And the wheels beginning ticking and turning.

An acquaintance, (thank you, Peter), just forwarded to me some clippings from copy of the 1798 “The St. George’s Chronicle and Grenada Gazette”. And of course, I am excited, and in Peter’s debt.

The copies, albeit the printed articles, refer to both a James and a William Smith. Could these Smiths be the ones that we’re looking for? Is this, are these the pieces of the puzzles that could lead me to the discovery of GGG-Grandfather James Smith’s father and, further, to a connection to a further distant relative(s)?

My transcriptions –

18th May 1798.

FELICITE BOISFERME of the Town of St.
George, Free Mulato Woman, gives this pub
lic notice, that ∫he has this day given up to Wil
liam Stiel, acting executor of the Will of William
Smith, Merchant, decea∫ed, all the Negroes devi∫ed
to her by the Will of ∫aid decea∫ed (except one
lately dead) to be ∫old for the benefit of ∫aid e∫state.

NOTICE is hereby given, that on Tue∫day the
the 22d day of May in∫tant, at ten o’clock in
the forenoon will be ∫old at Vendue, at Farrell and
Waugh’s Long Room, SUNDRY NEGRO SLAVES
late the property of William Smith, Merchant, de-
cea∫ed, and by him in his Will devi∫ed to Felicité
Boisfermé, Free Mulato Woman, and by her given
up to the acting executor of ∫aid William Smith’s
Will, to be ∫old for the benefit of the creditors of
∫aid e∫tate. Terms Ca∫h on delivery.

Remember the "∫" is considered a long "s", and our case an "s"

In consideration of this find, Peter also sent me two more pages of clippings. I will be transcribing them as well as I will attempt to find a/some connection within the boy of my work in A Genealogy Hunt.

If you have any comment, question, thought, idea please feel free to contact me via email at A Genealogy Hunt.

Regards,

Jim

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Part 627s – Smith Robertson Genealogy – 1799 Robert Smith (Entered 1801) – Grand Roi and Mon Plaisir Estates, Saint John – Part 2 of 2

Good Day,

I could become a Vegan, but under one condition. I would have to do without Tofurkey Sausages. Not matter what I did with them there sausages last night they still tasted like dead, soggy, and re-cycled cardboard. I fried them with onions and then simmered them in apple cider vinegar and chicken broth. I coupled the meal with a Delicata Squash, Apple, Potato, and Yogurt mash and a Green Pea salad with celery and onions. Give me NO Tofurkey. Mind and palate lesson learned.

The Transcription Project continues. The search for the origins of ggg-grandfather James Smith appears to be never-ending. Thanks to all of you who have been following A Genealogy Hunt and have been sending me ideas and suggestions. They are most welcome.

The next set of Transcriptions is the second Part, of two of the 1799 Document from the Grenada Registers of Records. The sole Smith included is Robert Smith. There are no explicit clues as to any connection to ggg-grandfather James. The above inserted image is something representational I found of The Consolidated Bank Limited. In the body of this Document there is reference to “…twenty thousand Pounds three per Cent Consolidated Bank Annuities Upon the Trusts following…”

Here are the images of Pages 110 through and including 113 as downloaded Item 3 of the microfilm FHL [1563378].

And my Transcription -

110

A∫signed unto and in the joint Names of himself and the said Henry Poole and also Samuel Marryat of Chancery Lane London Esquire and Robert Smith of Basing hall Street London Gentleman (two responsible persons nominated by the said Joseph Marryat and Henry Poole) the Capital Sum of Twenty Thousand Pounds three per Cent Consolidated Bank Annuities upon the Trusts mentioned in the said Articles and the said Trustees have by a certain Deed or Instrument in Writing bearing ^even date with these Presents duly declared the Trusts thereof accordingly And whereas the said Henry Poole in Pursuance and performance of the said Agreement on his part hath at the Request of the said William Postlethwaite and Joseph Marryat by Indenture of A∫signment bearing even date with these Presents and made between the said Henry Poole of the one Part and thesaid Joseph Marryat of the other Part duly a∫signed All and singular the said two Plantations Buildings Negroes Slaves Live and dead Stock Utensils Implements and Premises comprised in the said Mortgage for the residue of the said three ^several? Terms therein and also thesaid Mortgage Debt and Interest and the said four unsatisfied Bonds given for securing the Payment thereof And all hi Estate Right Title and Interest as surviving Mortgagee and Partner as aforesaid of in and to the same respectively right full power and Authority for recovering Payment of the said Mortgage Debt and Interest unto the said Joseph Marryat his Executors Administrators and A∫signs Now this Indenture Witne∫seth and it is hereby declared and agreed by and between the said Parties to these Presents and the said Joseph Marryat doth hereby for himself his Heirs Executors and Administrators covenant promise declare and agree to and with the said William Postlethwaite his Executors Administrators and A∫signs that such A∫signment was so made to him and that he his Executors and Administrators shall and will stand po∫se∫sed of and interested in the said two Plantations Buildings Negroes Slaves live and dead Stock Utensils Implements and Premises and also the said Mortgage Debt and Interest and Bonds so a∫signed to him as aforesaid Upon the Trusts and to and for the Ends Intents and purposes hereinafter mentioned expre∫sed and declared of and concerning the same that is to say Upon Trust for better securing the Payment of the said Joseph Marryat his Executors Administrators and A∫signs of all such Sum and Sums of Money as he or they shall pay in discharge of his said Acceptances of the said ten several Bills of Exchange drawn on him by the said William Postlethwaite to the said Joseph Marryat his Executors or Administrators together with Interest thereon at and after the rate of five Pounds per Cent per annum And from and after Payment of all such Monies and Interest And all Costs and Charges in respect thereof Then upon Trust to convey a∫sign and a∫sure the said two several Plantations Buildings Negroes Slaves live and dead Stock Utensils Implements and Premises for the then residue of the said three several terms of one thousand Years Eight hundred Years and five hundred Years therein And also the said four unsatisfied Bonds or such of them as shall then be unpaid unto the said William Postlethwaite his Executors Administrators or A∫signs or as her or they shall direct or appoint (Subject neverthele∫s to such Redemption in Equity as the same Premises shall under and by virtue of the said Indenture of Demise or Mortgage of the fifth day of March one thousand seven hundred and eighty seven be then subject or liable to) free form all Incumbrances

to 

111

To be made or done by the said Joseph Marryat his Executors Administrators or A∫signs and to for and upon no other Use Trust Intent or Purpose whatsoever And the said William Postlethwaite doth hereby for himself his Heirs Executors and Administrators covenant Promise and Agree to and with the said Joseph Marryat his Executors Adminis trators and A∫signs that so long as the said Bills of Exchange or any or either of them shall remain outstanding and unprovided for by the said William Postlethwaite or any other monies due or to grow due from him to the said Joseph Marryatt shall be unpaid and undischarged he the said William Postlethwaite his Heirs Executors and Admõrs shall and will yearly and every year well and faithfully ship and consign or cause to be shipped and consigned unto the said Joseph Marryat his Executors Administrators or A∫signs in London or to such other person or persons in that City or elsewhere in Great Britain as he or they shall direct All and singular the Sugar and other Produce except Rum which shall grow or be made upon or from the said Plantations or Estates or either of them whereof or of the Rents I∫sues or Profits of which or of any part of which the said William Postlethwaite his Heirs Executors or Administrators shall be in the Po∫se∫sion or the Receipt And in case of his or their not being or not continuing in the Po∫se∫sion of the said William Postlethwaite his Heirs Executors or Admõrs shall and will yearly and every Year ship and consign or assure to be shipped and consigned in manner aforesaid a quantity of Sugar and other Produce from the said William Postlethewaite’s other Estates at Demerara in North America equal to the Produce of the said two Plantations and Estates except the Rum in order that the Sugar and other Produce so to be shipped and consigned may by the said Joseph Marryat his Executors Administrators or A∫signs be sold and disposed of upon Commi∫sion in the usual and customary manner of Merchants in London And that he the said William Postlethwaite his Heirs Exõrs Admõrs or A∫signs shall not nor will in any wise dog incumber or annex any conditions whatsoever to the said Consignments or any part thereof either by Bills of Exchange Transfer of Bills of Lading or otherwise howsoever but shall and will permit and suffer and direct the whole net proceeds of the said Joseph Marryat his Exõrs Admõrs or A∫signs to be by him or them kept and retained and from time to time as occasion may require duly applied in or towards satisfaction and discharge of the said Bills of Exchange when and as the same shall become payable and of all such other Monies as hereinbefore mentioned and the Interest thereof respectively until the whole of the said Bills and other Monies and Interest shall be fully paid and discharges And the said Joseph Marryat doth hereby for himself his Heirs Executors and Admõrs and A∫signs that he the said Joseph Marryat his Executors Admõrs and A∫signs shall and will according to the usage and custom of Merchants cause Insure to be duly made on all such Sugars as shall from time to time be shipped and consigned as hereinbefore mentioned according to the directions or advice he or they shall from time to rime receive form the said William Postlethwaite his Executors Admõrs or A∫signs or otherwise as occasion may be or require And also shall

and 

112

And will duly and faithfully sell and dispose of all and every the Sugars and other Produce so shipped and consigned as aforesaid and which shall come to his or their Po∫se∫sion to best advantage for the benefit of the said William Postlethwaite his Executors Admõrs and A∫signs and shall and will pay and apply the net proceeds of such Sugars when and as the same shall be by him or them received and also all monies which shall in cases of lo∫s be by him or them recovered and received upon or by virtue of any such Policy or Policies of Insurance as shall be effected by virtue of these Presents in or towards Payment of the said Bills of Exchange and other Monies and Interest hereinbefore mentioned And from and after full Payment thereof unto thesaid William Postlethwaite his Executors Administrators or A∫signs or as or they shall from time to time order direct and appoint And lastly that they thesaid Joseph Marryat and William Postlethwaite Do and each of them Doth hereby authorize constitute and impower Alexander Cockburn and John Orr both of the said Island of Grenada Esquires their and each of their Attornies and Attorney jointly and severally for and in their several and respective names to be and appear before the proper Officer or Officers for the recording of Deeds in the said Island of Grenada and then and there to acknowledge the respective signing sealing and delivery of these Presents by the said Joseph Marryat and William Postlethwaite and to do perform and execute all such other Acts Deeds Matters and Things as shall or may be requisite for procuring these Presents to be duly recorded according to the Law for recording of Deeds in the said Island of Grenada in Witne∫s whereof the said Parties to these Presents have hereunto set their Hands and Seals the Day and Year first above written

Sealed and delivered by the within named

Josp ( L S ) Marryat _________________ ( L S )

Joseph Marryat being first duly stamped) in the presence of

Robt Smith – Robt Wiltshire 

Sealed and delivered by the within named William Postlethwaite in the presence of Robert Wiltshire Clear to Robert Smith of Basinghall Street London Gentleman maketh Oath and saith that he together with the said Robert Smith was present and did see Joseph Marryat in the Parchment Writing or Deed of Declaration of Trust hereto annexed named duly sign seal and as his Act and Deed deliver the said Parchment Writing or Deed And that the Named “Josh Marryat” to the said Deed set and subscribed as the Party executing the same and the Names “Robt Smith” “Robt. Wiltshire” set and subscribed to the Attestation written on the back of the said Deed as Witne∫ses to attest the due Execution thereof by the said Joseph Marryat are of the respective proper handswriting of the said Joseph Marryat Robert Smith and this Deponent

Rob Wiltshire

Sworn at the Mansion House London this 10th January 1799 before me

RC Glyn Mayor

To all to whom these Present shall come I Sir Richard Carr Glyn Knight Lord Mayor of the City of London 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 Majesty’s Plantations and Colonies in America Do hereby Certify that on the Day of the Date hereof Personally came and appeared before me Robert Wilshire 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 

113

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 annexed Affidavit

( L S )

In Faith and Testimony whereof I the said Lord Mayor have aused the seal of the Office of Mayoralty of the said City of London to be hereunto put and Affixed and the Parchment Writing or Deed or Declaration of Trust mentioned and referred to in and by the Affidavit to be hereunto also annexed Dated in London the tenth day of January in the Year of our Lord One thousand ∫even hundred and ninety nine

Windale

And I continue the search and research for ggg-grandfather James Smith.

Enjoy,

Jim

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Part 626s – Smith Robertson Genealogy – 1799 Robert Smith (Entered 1801) – Grand Roi and Mon Plaisir Estates, Saint John – Part 1 of 2

Good Day,

In my continued sear and research for the origins and genealogy of my ggg-grandfather James Smith at times I chance upon a name, aka surname, that sort of catches my eye. And just before I go any further, this Document appears to be a followup to the previous one that only includes the name Robert Smith.

The name that has caught my eye is that of "Marryat". I wonder if it my have been an original format of the current name "Marriot"? Just thinking our loud. Anyway from A Genealogical and Heraldic History of the Colonial Gentry by Sir Bernard Burke, C.B. LL.D… Vol. II, edited by Ashworth P. Burke. London, 1895, I discovered information that more than likely is of the same Joseph and Samuel Marryat, which are names included in this Document.

Here are the first five Pages of the 1799 Document which appears to be a schedule of payment options and choices. The name Robert Smith appears as Legal Counsel. Once again there does not appear to be any immediate connection to ggg-grandfather James Smith.

Here are the images of Pages 105 through and including 109 as downloaded from the Grenada Registers of Records and Item 3 of the microfilm FHL [1563378].

My Transcription -

105

Entered 11th May 1801

This Indenture made the ninth day of January in the thirty ninth Year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith ₰. And in the Year of our Lord One thousand seven Hundred and ninety nine Between Joseph Marryat of New Bridge Street Blackfriars in the City of London Merchant of the one part and William Postlethwaite of the Island of Grenada in the West Indies Planter of the other part Whereas by Indenture of Demise or Mortgage bearing date the fifth day of March One thousand seven hundred and eighty seven and made or mentioned to be made between Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier by their several descriptions therein mentioned of the one Past and Thomas Harrison (since deceased) and Henry Poole (then Partners in Trade with the said Thomas Harrison) by their several descriptions therein also mentioned of the other Part After reciting as therein is recited A certain Plantation and Premises called Grand Roi situate in the said Island of Grenada together with the Negroes Slaves Cattle Live and Dead Stock Utensils and Implements thereto belonging with the Appurte nances were duly granted and demised by the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier unto the said Thomas Harrison and Henry Cole their Executors Admõrs and A∫signs for the term of One Thousand Years And by the same Indenture A Certain other Plantation and premises called Mont Plaisir situate in the said Island with the Negroes Slaves Cattle Live and Dead Stock Utensils and Implements thereto belonging with the Appurtenances were also duly granted and demised by the said Marie Madelaine Coulon Mariecheau unto the said Thomas Harrison and Henry Poole their Executors Admõrs and A∫signs for the term of Eight hundred Years And by the same Indenture certain Negro Slaves therein mentioned with the I∫sue and Increase of the Females of the said Slaves were duly granted and demised by the said Jean Baptiste Ollivier unto the said Thomas Harrison and Henry Poole their Executors Admõrs and A∫signs for the term of five hundred Years subject to a Proviso for making void the said Indenture on Payment by the said Marie Madelaine Coulon Mariescheau and Jean Baptiste Ollivier or either of their or either of their Heirs Executors or Admõrs unto the said Thomas Harrison and Henry Poole their Executors Admõrs of the sum of twenty

Thousand

106

Thousand Pounds of lawful Money of Great Britain with Interest for the same (and also of the sum of nine hundred and seventeen Pounds five ∫hillings being the balance of an Account Current therein mentioned) making in the whole both Principal and Interest the sum of twenty six thousand nine hundred and twenty six pounds five shillings by Eight yearly Instalments payable on the first day of September in each and every Year in manner therein mentioned And Whereas the said Marie Madelaine Coulon Mariecheau and Jean Baptist Ollivier did at the same time enter into and execute to the said Thomas Harrison and Henry Poole eight several Bonds or Obligations in Writing bearing date respectively the said fifth day of March one thousand seven hundred and eight seven for securing payment of the said several Instalments and Interest And Whereas the said Thomas Harrison departed this Life on or about the thirty first day of December one thousand seven hundred and ninety one having previously a∫signed his share and Interest in the said Monies to the said Henry Poole and having also fist duly made and published his last Will and Testament in Writing bearing date the sixteenth day of February one thousand seven hundred and ninety and thereby constituted and appointed the said Henry Poole together with James Clarke Satterthwaite Esquire Executors thereof which said Will hath since his Death been duly proved by the said Henry Poole alone in the Prerogative Court of the Archbishop of Canterbury And Whereas the dour first of the said Yearly Instalments were paid and discharged by the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier and the four Bonds corresponding with such Instalments were delivered up to be cancelled but the four last of such Instalments not being paid thesaid Henry Poole in or about the Month of December one thousand seven hundred and eight five made up an Account of the Principal Money and Interest then due on the said Mortgage and unsatisfied Bonds whereby it appears that there was then justly due and owing to the said Henry Poole as surviving Mortgagee and Partner as aforesaid from the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier the sum of fourteen thousand and thirty one Pounds ten ∫hillings and eight pence of lawful Money of Great Britain And Whereas the said Henry Poole as such surviving Mortgagee and Partner as aforesaid in or about the said Month of December One thousand seven hundred and ninety five duly executed a Power of Attorney to Edmund Thornton Duncan Campbell and John Orr of the said Island of Grenada Esquires thereby authorizing them to institute such proceedings at Law and in Equity as might be proper for settling the said Mortgage Account and for recovering the Payment thereof out of the said Mortgaged Premises and certain proceedings have been since had thereon accordingly and the same are now depending in the Courts of the said Island And Whereas thesaid William Postlethwaite previously to the Institution of such proceedings entered into Po∫se∫sion of the said Plantation and Premises called Grand Rio and then was and still is in the receipt of the receipt of the Rents Profits and Produce thereof And Whereas by certain Articles of Agreement bearind date the twentieth day of July one thousand seven hundred and ninety eight and made or mentioned to be made between the said Henry Poole of the first part the said William Postlethwaite of the second part and the said Joseph Marryat of the third part After

reciting

107

Reciting as or to the effect hereinbefore recited And reciting that the said William Postlethwaite had through the said Joseph Marryat made proposals to the said Henry Poole for paying off the said Mortgage and taking on A∫signment thereof but such proposals not being acceded to other proposals in lieu thereof had been made and agreed to between the said Henry Poole and Joseph Marryat at as thereinafter mentioned subject neverthele∫s tp the confirmation thereof by the said William Postlethwaite It is by the said now reciting Articles Witne∫sed and the said Parties thereto did Mutually ^_____ or themselves their Heirs Executors and Administrators each with the other and others of them and the Executors and Administrators of the other and others of them (amongst other things) as follows that is to say first That the Principal Monies and Interest due upon the said Mortgage and Bonds such Interest being computed to the first day of September then next and now last past amounting in the whole by the account thereon indorsed to the sum ‘ of Sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid by the said William Postlethwaite to the said Henry Poole at the times and in manner following vizt the sum of six thousand three hundred and nineteen Pounds seventeen Shillings and four pence should be paid down to the said Henry Poole his Executors Administrators or A∫signs at the time thereinafter mentioned and the sum of ten thousand Pounds residue of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid down to the said Henry Poole his Executors Administrators or A∫signs at the time Hereinafter mentioned and the sum of ten thousand Pounds residue of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid within the space of ten Years from the ∫aid first day of September then next by ten equal annual Instalments Payable on the first day of September in every Year to each and every of which said Instalments should be added the Interest then due on the remainder of the said Principal sum of ten thousand Pounds such Interest being computed at the rate of five Pounds per Cent per Annum Secondly That the Payment of such Instalments (comprehending both Principal and Interest) should be paid or secured to be paid by Bills of Exchange to be drawn by the said William Postlethwaite upon and to be accepted by the said Joseph Marryat payable to the said Henry Poole or Order? Thirdly That as a further or Collateral Security for the due and punctual Payment of such Bills according to the tenors thereof respectively the said Joseph Marryat should and would at any time on Demand from and after such Notification should be made or given to him as thereinafter mentioned transfer and A∫sign unto and in the Names of four responsible Persons two to be nominated by the said Henry Poole and the other two by the said Joseph Marryat the Capital sum of twenty thousand Pounds three per Cent Consolidated Bank Annuities Upon the Trusts following that is to say In Trust to pay the Dividends and Interest thereof from time to time to the said Joseph Marryat and his A∫signs for his and their own use and benefit And upon further Trust when and as any of such Bills of Exchange ∫hould be duly paid and discharged to transfer and rea∫sign to the said Joseph Marryat his Executors Administrators or A∫signs one tenth part

of

108

Of the said Capital sum of twenty thousand Pounds three per Cent Consolidated Bank Annuities But in case any one or more of the said Bills of Exchange should not be paid or and when the same should become due and payable Then In Trust by and out of the Dividends of the said Stock and by sale of so much of the Capital of the said Stock as should be nece∫sary for that purpose to pay and discharge such Bill or Bills of Exchange with all Charges and Expenses attending the NonPayment thereof and that such Trustees should be a proper Deed or Instrument in Writing declare the Trusts thereof accordingly fourthly That is case is should not be convenient to the said William Postlethwaite to pay down so large a sum as the sum of six thousand three hundred and nineteen Pounds seventeen shillings and four pence then that the sum of four thousand three hundred and nineteen Pounds seventeen shillings and four pence of like lawful Money should be paid down by him to the said Henry Poole in part Payment of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence and Interest and that the remainder thereof should be paid or secured to be paid by the said William Postlethwaite to the said Henry Poole within seven Years from the first day of September then next by seven equal annual Instalments payable as therein mentioned and the Payment thereof to be secured as therein also mentioned fifthly That the said William Posthelwaite should have the option of determining which of the said two modes or Plans of Payment he would adopt such Option to be declared to the said Attornies of the said Henry Poole within thirty days next after the said Articles of Agreement should be shown and presented to him for the Execution thereof and that within ten days next after such option should be declared the said William Postlethwaite should and would draw Bills of Exchange upon the said Joseph Marryat (payable to the said Henry Poole or Order) corresponding with the said Articles and the mode or plan of Payment so adopted by the said William Postlethwaite Sixthly that upon Notification being made or given to the said Joseph Marryat and Henry Poole of the mode or plan of Payment which should have been adopted by the said William Postlethwaite and upon Receipt of the said Bills of Exchange in England the said Articles so far as respected the said Joseph Marryat and Henry Poole should immediately thereupon be carried into full and comple__ effect Seventhly that all Expenses which should have been incurred by the said Henry Poole in the said Island touching the commencing and prosecuting of any Suit or Proceedings in Justice of the said Letter of Attorney of any Instructions since given by him to his said Attornies in respect of the said Mortgage and Bonds as also the Commi∫sion chargeable by or payable to his said Attornies on account thereof should be advanced and paid to him by the said William Postlethwaite with Liberty to the said William Postlethwaite to charge the same against the said Mortgage Premises it being the true intent and meaning of the said Articles of Agreement now in recital that the said Henry Poole should receive Payment of his sd Mortgage Debt and Interest in manner aforesaid free of all charges and expenses whatsoever Eighthly that when such Option should have been determined and notified such payments made and such Securities given as aforesaid the said Henry Poole should and would at the Costs and Charges of the said William Postlethwaite and Joseph Marryat duly a∫sign and make over unto them or one of them or to such Person or Persons as they should direct or appoint all his Right Title and Interest as surviving Mortgagee and Partner as aforesaid of and in the said Mortgage Debt and Interest and of all Securities for the Payment thereof And also should and would give and execute full and irrevocable Power and

Authority

109

Authority to them or either of them or to such person or persons as aforesaid to take such steps as might be nece∫sary or proper for establishing the said Mortgage account or debt and for recovering Payment thereof as also for foreclosing the Equity of Redemption of and in the said Mortgaged Premises He the said Henry Poole his Executors and Administrators being fully indemnified by the said William Postlethwaite and Joseph Marryat from and against all Costs Charges and Expences whatsoever which should or might be incurred in or about any Proceedings to be instituted for all or any of the Purposes aforesaid as in and by the said in part recited Indenture of Demise or Mortgage duly recorded in the Register’s Office of the said Island of Grenada and the said Bonds and Articles of Agreement reference being thereunto respectively had may more fully appear And Whereas the said William Postlethwaite did in pursuance and part performance of the said Articles on his part and with the Time thereby limited declare to the said Attornies of the said Henry Poole the Option given to him by the said Articles and did determine to adopt the first of the said two modes or plans of payment mentioned in the said Articles and in pursuance of such his Option and Determination did within the time limited for that purpose draw ten several sets of Bills of Exchange upon the said Joseph Marryat (payable to the said Henry Poole or Order) for Payment of the ten annual Installments and Interest comprised in the said Mode or Plan of Payment so adopted by him as aforesaid and corresponding therewith and with the said Articles And Whereas Notification hath been duly made or given to the said Joseph Marryat and Henry Poole of the mode or plan of Payment as adopted by the said William Postlethwaite and the said several sets of Bills of Exchange have been transmitted to and received by the said Joseph Marryat in England And Whereas the said Joseph Marryat hath at the request of the said William Postlethwaite in further pursuance and performance of the said agreement on the part of the said William Postlethwaite this day advanced and paid to the said Henry Poole the said sum of six thousand three hundred and nineteen Pounds seventeen shillings and four pence And also the further sum of One hundred and twelve Pounds ten shillings and ten pence (being the Interest thereof from the said first day of September last to the day of the date of these presents and likewise the further sum of One hundred and Eight Pounds at which it was consented and agreed between the said Henry Poole and Joseph Marryat that the charges and expenses incurred by the said Henry Poole in the said Island touching the Suits or Proceedings instituted in pursuance of the said Letter of Attorney and the commi∫sion payable to his said Attornies thereon should be finally ascertained and liquidated such three several Sums making in the whole the sum of Six thousand six hundred and twelve Pounds eight shillings and two pence And Whereas the said Joseph Marryat hath in pursuance and performance of the said Agreement on his part duly accepted the said several Bills of Exchange and hath delivered over the same s accepted to the said Henry Poole and for better securing the payment thereof when and as the same shall become due and payable the said Joseph Marryat hath also in further pursuance and performance of the said Agreement on his part this Day transferred and

A∫signed

On to Part 2.

Enjoy,

Jim

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