Part 169s – Smith Robertson Genealogy – Indenture Research – 1797 William Smith

10 January 2010

Evening and Early Morning,

My eyes are now permanently crossed. The transcription work is continuing but my eyes seem to be going out of focus from time to time. It could be the friggin’ cold and my tear ducts have just frozen. The work of transcribing the records is in all sense of the words tedious and obvious time-consuming. It really is a triple whammy; the script of the writer, the old English, and the legalese.

But I continue… The next lot is five pages from the microfilm FHL [1563328]; the Grenada Register of Records, pages 55 through and including 59. The identified Smith is William Smith. It appears that he may have been the same on whose name appears on the documents addressed in Part 165s.

The pages -

 
My transcription -
55
Entered 25th October 1797
To all to whom these presents shall come John Tarleton and Daniel
Backhouse of Liverpool in the County of Lancaster and Kingdom of Great
Britain Merchants sent Greeting Whereas the said John Tarleton and
Daniel Backhouse lately carried on the Busineʃs of a Merchant in Copartnership
With Thomas Tarleton at Liverpool aforesaid under firm of Tarletons and
Backhouse and in the West Indies and other places under the firm of Thomas
Tarleton and Company and Whilst in Copartnership as aforesaid They employed
William Postlethwaite now of the Island of Grenada as one of their Agents

and
56
And whereas several disputes and differences have arisen
Between the said John Tarleton and Daniel Backhouse and the said
Thomas Tarleton respecting their partnership affairs busineʃs and Concerns,
And the said William Postlethwaite hath refused or Neglected to Permit the
said partnership property and hath withheld the said partnership Books
And many Errors and improper Charges appear and have been made in
the Accounts transmitted by the said William Postlethwaite Now know
Ye that the said John Tarleton and Daniel Backhouse for divers good Causes
and Considerations them hereunto moving Have and each of them Hath
made ordained Authorised constituted and appointed and in their and
each of their place and stead put and deputed and by these presents Do and
each of them Doth Make ordain Authorize constitute and appoint and in
their and each of their place and stead put and depute William Smith of the
Island of Martinique Richard Hooton? Of the Island of Dominica and John
Ferguʃson late of Liverpool aforesaid but now of the Island of Grenada
Merchants their and each of their true and lawful attorneys and Agents
jointly or severally for them and in their Names as late Partners with the said
Thomas Tarleton or on their own individual Capacities or in such other
manner as occasion may require to Ask demand Sue for Recover and
Receive of and from the said William Postlethwaite all such Sum and Sums
of Money as are or shall or may be due owing payable or belonging to them
from the said William Postlethwaite for or on any Account whatsoever And
also all Goods Wares and Merchandices belonging to them either of them
on any Capacity whatsoever which now are or shall be in the Custody poʃseʃsion
or power of the said William Postlethwaite And all Bills Bonds Mortgages
Specialties Notes books of Account Papers Letters instruments and writings
which now are or hereafter shall be in his Custody poʃseʃsion or power relating
to or in any wise concerning the said partnership concern which they or either
of them are is or shall or may be entitled to Receive from the said William
Postlethwaite or any other person or persons on his behalf And if occasion
require for them and each of them to commence any Action or Actions at Law
or file any Bill or Bills in Equity or institute any other proceeding in any
Court or Courts for all or any of the purposes aforesaid or for compelling the said
William Postlethwaite and the said Thomas Tarleton or either of them and
All other neceʃsary Parties to come to an account with the said John
Tarleton and Daniel Backhouse of all Matters and things which in

any
57
any wise relate to the said Partnership under the said firm of Tarletons
and Backhouse or Thomas Tarleton and Company or the Agency of the said
William Postlethwaite in any wise or for the purpose of getting a Receiver
appointed by the proper Court or Courts for the collecting Receiving and Recovering
the Estate and Effects belonging to the said Partnership in the West India Islands
or in any other parts beyond the Seas And further to adjust Liquidate and
settle all accounts now open and depending between them the said John
Tarleton and Daniel Backhouse in any Capacity whatsoever and the said
Thomas Tarleton and William Postlethwaite or either of them And on Receipt
of any Sum or Sums of Money Mortgages Bonds Specialties Bills Notes Goods
Wares Merchandizes or Effects by Virtue hereof for them and each or either of
them to give good sufficient and effectual discharges for what they shall so
Receive And to appear to and defend any Action or Suit that may be commenced
and prosecuted against them or either of them in the West India Islands or other
parts beyond Seas respecting any of the Matters aforesaid And Generally
they do hereby Authorize and impower the said William Smith Richard Hooton
and John Ferguʃson and every of them jointly or severally to do all such lawful
Acts Deeds Matters and thins for accomplishing all or any the purposes
aforesaid and for settling all Accounts with the said William Postlethwaite and
with the said Thomas Tarleton or either of them or any other person or persons for
or on any wise relating to the said Partnership concern carried on under the
several firms aforesaid as fully and effectually as they the said John Tarleton
and Daniel Backhouse or wither of them cou’d do in their own proper persons
respectively And one or more Attorney or Attorneys under them the said William
Smith Richard Hooton and John Ferguʃson or any of them for all or any of
the purposes aforesaid to substitute and appoint and such substitute or
Substitutes to revoke and others to appoint as often as _____ the said William
Smith Richard Hooton and John Ferguʃson or any of them shall deem it
neceʃsary or expedient to be done they the said John Tarleton and Daniel
Backhouse and each of them hereby Ratifying and allowing all and whatsoever
the said William Smith Richard Hooton and John Ferguʃson or their
lawful Substitute or Substitutes shall legally do or cause to be done by
virtue of their [resents And they do and each of them doth herby Ratify
and Confirm all and every the powers and Authorities heretofore given by
them to the said William Smith Richard Hooten and John Ferguʃson as
fully as if the Contents thereof were here repeated In Witneʃs where of

the
58
The said John Tarleton and Daniel Backhouse have hereto set their
Hands and Seals the thirteenth day of July in the Year of our Lord one
Thousand seven hundred and Ninety-seven.

John Tarleton LS
Danl Backhouse LS
Sealed and delivered being first duly}
Stamped in presence of….}
    Mark Stephenson – Chas. Johnston
This is the paper writing referred to by the Affidavit of Mark Stephenson
Sworn before me this 22nd day of July 1797.

Geo. Dunbar Mayor
Mark Stephenson of Liverpool in the County of Lancaster Gentleman
Maketh Oath and saith that he was present and did see John Tarleton and
Daniel Backhouse of Liverpool in the County of Lancaster Merchants
severally duly Sign and as his Act and Deed deliver the paper writing
hereunto Annexed purporting to be a power of Attorney from the said John
Tarleton and Daniel Backhouse to William Smith of the Island of
Martinique Richard Hooten of the Island of Dominica and John Ferguʃson
late of Liverpool aforesaid but now of the Island of Grenada Merchants for
the purposes therein mentioned And that the Names John Tarleton and
Danl Backhouse thereto subscribed as the parties executing the same And the
names Mark Stephenson and Chas Johnston as the Witneʃses attesting the
Execution thereof respectively are of the proper hands writing of the said John
Tarleton and Daniel Backhouse and of Charles Johnston of Liverpool
aforesaid Gentleman and this Deponent respectively.

Mark Stephenson
Sworn at Liverpool aforesaid this Twenty-second}
Day of July one thousand seven hundred and}
Ninety seven Before me }
      Geo. Dunbar Mayor
To all to whom these Presents shall come I George Dunbar Esquires
Mayor of the Borough and Town of Liverpool on the County Palatine of Lancaster
and Kingdom of Great Britain Do hereby Certify that on the Day of the
Date hereof personally came and appeared before me Mark Stephenson of
Liverpool aforesaid Gentleman the Deponent named in the Affidavit on the
other side hereof bring a Person well known and worth of good Credit and by
solemn Oath which the said Deponent then took before me upon the Holy
Evangelists of Almighty God He did solemnly and sincerely declare testify and
depose to be true the several Matters and Things mentioned and contained in
the said Affidavit.

In
59
LS
In Faith and Testimony whereof I the said
Mayor have caused the Seal of Mayoralty of the said Borough
and Town to be hereunto put and affixed and the Power of
Attorney mentioned and referred to in the said Affidavit to be
hereunto annexed Dated at Liverpool the Twenty-second
Day of July in the thirty seventh Year of the Reign of our
Sovereign Lord George the Third over Great Britain and so
forth King And in the Year of our Lord 1797.
      By Order of the Mayor
      R. Stathame
      Dep Town Clerk


Please let me know if you should chance upon some clue that I may have missed that could fit to the puzzle of ggg-grandfather James Smith's life.

Enjoy,

Jim

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