Part 175s – Smith Robertson Genealogy – Indenture Research – 1800 William Smith

15 January 2010

Afternoon,

And this one’s a long one… seven pages, and I was wondering if the clerk or scribe who entered this record to the Grenada Register was far-sighted? He certainly caused strain on my eyes trying to transcribe the pages of this document. All I could think of was the small bird that the ink quill came from. Anyway, I know that my trifocals certainly are getting their use in my search for my genealogy and the ancestry of my ggg-grandfather James Smith.

This 13 September 1800 document appears to be an affidavit of the Tarletons, Thomas, John and Clayton, and Daniel Backhouse appointing William Smith, Merchant of Martinique; Richard Hooton, Merchant of Dominica; and John Ferguʃson and Thomas Frankland, Merchants of Grenada, their power of attorney.

The document was extracted from the microfilm FHL [1563328], Item 2, Register of Records 1797-1817 (v. G2-R2), Grenada.

The pages are 440 through and including 446, as follows:



My attempted transcription… Note the “_____” which are words and letters beyond my revelation. Any assistance certainly would be appreciated. Also at present I do not have any documentary proof that would link the noted William Smith, of this document, to ggg-grandfather James Smith, the senior.
440


Entered 29th Novr 1800.

Xd To all People to whom there Presents shall come We Thomas
Tarleton of Bolesworth Castle in the County of Chester Esquire John Tarleton
of Liverpool in the County of Lancaster Esquire and Daniel Backhouse
of the same Place Merchant late carrying on the Busineʃs of Merchants
at Liverpool aforesaid Under the firm of Tarleton and Backhouse send greeting
Know Ye that for divers good causes and considerations in hereunto _____
_____ we the said Thomas Tarleton John Tarleton and Daniel Backhouse
Have and each and every one of us Hath made ordained authorized
constituted and appointed and in our and each and every of our Place and
stead put and _____ and by these Presents Do and each and every of
and each and every of one place and stead put and _____ William Smith
of the Island of Martinique Merchant Richard Wooten of the Island of
the Island of Dominica Merchant and John Ferguʃson and Thomas
Frankland both of the Island of Grenada Merchants one and each and
every of our true and lawful Attornies and Agents jointly and each or _____
any of them severally for and in the name or names and for the use advantage
and Benefit of us the said Thomas Tarleton John Tarleton and Daniel
Backhouse as copartners as aforesaid under the respective Firms of Thomas
Tarleton and company, John Tarleton and Company or Daniel Backhouse
and Company or any other Firm or Firms under which we have carried on our
aforesaid concerns to ask demand sue for recover and receive of and from
all and every person and persons whomsoever resident within the several
Islands of Grenada, Saint Vincents, Saint Lucia, Martinique, Dominica,
Trinidad and also Demerara, Suriname and Berbice on the Continent
of America or within any other Place of Places in America or the West
India Islands who now are or who shall or may at any time or times
hereafter be any way indebted or accountable to us as partners all and
covey such sum and sums for any debts dues accounts claims and de-
mands whatsoever as are now or shall or may at any time or times
hereafter become due owing payable or belonging to us in the several firms
or concerns aforesaid or to the late copartnership of Thomas Tarleton John
Tarleton Daniel Backhouse and Clayton Tarleton or any of such Firms
respectively for or on any Account or in any manner whatsoever and _____
_____ poʃseʃsion of recover and receive all securities for money Goods Chattels
and Effects Mortgages Bonds Notes Bills and Accounts whatsoever at
or within all and every or any of the aforesaid Places which now belong


or


441

Or may in any wise belong to us in all or any of the Partnerships and firms afore-
said in whose hands or Poʃseʃsion _____ the same securities and effects respectively
on or may be And _____ us and in our or any _____ xxxxxxxxxx respectively or in
such way or manner as circumstances may require to make sale and absolutely
dispose of a certain Plantation or Estate in Demerara aforesaid _____ _____
Lately purchased by us from William Johnstone Esquire and all and every or
any if the Meʃsuages Plantations Estates Lands Hereditaments _____ _____
and Premises belonging to us or any of us at or within or near all or any of the
Islands or Places of _____ or any part or parts thereof with the Negroes Slaves
Cattle Plantation Utensils and Implements and other live and _____ stock
and Plantations or Estates respectively And also of all Goods Wares Merchan-
dizes Securities for money and Premiʃes belonging to us in any of the ¬¬¬Islands
and Places aforesaid and to be collected by our said Attornies or any of them
or which we shall or may from time to time _____ or consign to them respect-
ively unto such Person and Persons in such Price and Prices and by such
ways and means and in such manner and form as to them our said
Attornies or any of them respectively may seem need or adviseable or _____ may
from time to time in order and direct and to receive the Purchase money for
the same Lands Effects and Premises respectively and for us and in our
names and for and on our behalf to enter into and assign and seal and
execute any contracts or agreements for such sale or sales thereof respectively
_____ upon receipt of such purchase monies and of such securities and effects
respectively as aforesaid for us and in our and any of our names and on behalf
of us and every of us or the several firms aforesaid or otherwise on occasion?
may acquire to make sign seal deliver and execute good and sufficient
receipts _____ and discharges for what they respectively shall so secure
which receipts shall be good and effectual discharges to the purchase
and purchases were of all or any part of the aforesaid Plantations Lands and
Premises or of such Mortgaged Premises for their respective Purchase Monies
or for so much thereof as in such receipt or receipts respectively shall be men-
tioned to be received and after such receipt and receipts shall be so given
such Purchaser and Purchasers shall not be obliged to _____ the application
_____ ______ _____ ______ respective purchase monies or be in any manner accountable
for any _____ application or nonapplication thereof And also for us _____ in our
and each of our names as aforesaid or otherwise on occasion may require
and as our Act and Deed respectively to make sign seal deliver and
execute all and every or any such Grants releases Assignments conveyances
and _____ as may be neceʃsary for granting releasing _____ and

conveying


442

Conveying the said Messuages Plantations Estates Hereditaments and
Premises and all our Estates and Interest therein and thereto respectively to
the purchaser or respective purchasers thereto according _____ to the
matter and quality of such Estates and premises respectively and to enter
into all usual and reasonable covenants for the Estate Title Poʃseʃsion and
further aʃsurance of the said Premises respectively by or against us or
any Person or Persons claiming or to claim the same under us in anywise
And for us and in our names respectively by all legal ways and means
to enter upon and take possession of all and every the Plantations Lands
Hereditaments and premises in any of the said Islands or Places now
in Mortgage to us with the slaves and other appurtenances and for that
purpose to prosecute any action or actions in Ejectment or otherwise _____
and prosecute any suit or suits in Equity to foreclose and bar the Estate
and Interest of the respective Mortgagees or other Claimants therein and thereto and
after poʃseʃsion thereof shall be so had and obtained for us and in our names
and for our use to receive and take the rents Iʃsues and Profits thereof
respectively And also to contact and agree with any Person or Persons willing
to pay off and discharge this principal money and interest due and owing
upon any such Mortgage or Mortgages Judgments or other Securities ¬¬ res-
pectively for assigning to him or them such Mortgages Bonds Judgments
and Securities and all our respective Estate and Interest Claims and demands
therein and thereto and to carry such contracts and agreements unto execution
And for the Purposes aforesaid for us and in our names and us our _____ and
Deed to make sign seal deliver and execute all such transfers _____
arrangements deeds matters and things and may be necessary and required for aʃsigning
transferring and conveying all such mortgages and the hereditaments
and Premises thereby Mortgages Bonds Judgments and Securities aforesaid
to the Person or Persons paying off and discharging the same or as he or they
may _____ of for other Purposes hereinbefore mentioned and which Deeds
and or convey and respectively and every of them we do hereby ratify and con-
firm And further _____ perform and execute all and every such lawful
and reasonable _____ matter and things whatsoever as may be neceʃsary
and requisite for _____ on record such Deeds Conveyances and _____
_____ and confirming the Title of such Purchaser or Purchasers res-
pectively thereto and in the mean time and until such sale or sales


respectively


443
Respectively shall be made and such conveyances as aforesaid
duly executed a completed to Freight Ship and consign the sugars and
other Produce and profits of such Plantations and Estates and all monies
effects and merchandize which they our said Attornies shall from time to
time respectively receive from any person or Persons whomsoever in any
manner whatsoever by virtue of this Presents and unto us the said the
said Thomas Tarleton John Tarleton and Daniel Backhouse or unto such
other Persons or Persons as we may direct or appoint And also for us and
in our names to compound for any debt or debts due to become due to us we
respectively in the several capacities aforesaid and to accept such money
goods or effects or securities for money good or effects for the whole or any part
thereof as our said Attornies or any of them shall think proper and to make
up adjust and finally settle with Meʃsieurs Thomas Morris and William
Postlethwaite late of Grenada aforesaid Merchants as also with Meʃsieurs
Joshua Hutton and John Coupland of Saint Vincents aforesaid Merchants
our late agents at the aforesaid Islands respectively or with the Survivors
or Survivor of them respectively or their or his respective representatives
and also with all and every other Person and Persons whomsoever all _____
accounts reckonings claims and demands any ways depending between
them or any of them and us and for that purpose to make all just allow-
ances which they our Attornies shall or may respectively think
fit and to receive the Balance and Balances arising to us thereon
And in Default or on near payment of any sum or sums of money
due and owing or hereafter to become due and owing to u respectively on
any account whatsoever as aforesaid or on nondelivery of such goods
Chattels and Effects Mortgages Bonds and securities as aforesaid for us
and in our names or Firms or otherwise as may be neceʃsary And for and
on our account and behalf to commence and prosecute with Effect?
any action or actions suit or suits at Law or in Equity that may be
neceʃsary for recovery thereof and to proceed to Judgment and execution
in such Actions and suits respectively and to discontinue the same
at their discretion And also for us and in our names to appear de-
fend and file and to any Action or Actions suit or suits at Law or in
Equity _____ they owe said Attornies may be advised shall be neceʃsary or
_____ to defend and to accommodate and _____ the same when and in such


manner


444

Manner as they shall think fit and to submit to Arbitration _____ to
any differences or disputes that may arise touching the Premises and for
that purpose for us and in our names otherwise as occasion may requires
to make signs seal deliver and execute any Bond or Bonds of Arbitration in any
reasonable penalty and to nominate and appoint or join in the nomi-
nation or appointment of such Arbitrators and to perform such award
or awards as shall be made in the Premises. And Generally for us
and in our said several names and firms and for our use to transfer
settle and adjust all and every our affairs and concerns whatsoever
in the several Islands and Places aforesaid and for that purpose to
do perform and execute all and whatsoever shall be needful and
neceʃsary in the premises for accomplishing the purposes aforesaid as
fully and effectually to all intents and purposes as we or any of us could
or might do if personally present And one or more Attorney or Attornies
under them our said Attornies or any of them by writing under their or
his Hands or Hand to nominate and appoint for the purposes aforesaid
and again to revoke such substitution and to remove such Attorney or
Attornies at discretion and from time to time to appoint and substitute
any other fit person or persons in their respective Place and _____ giving
And by these Presents granting unto our said Attornies and their and
such of their lawful substitute and substitutes our full and absolute
power and authority in the Premises and ratifying _____ _____ _____
confirming? all and whatsoever they or any of them respectively shall
lawfully do or cause to be done in the Premises in pursuance or by
virtue thereof and we do also _____ revoke and make void all
other Powers and Authorities by us given for all and any of the purposes
aforesaid to any person or Persons whomsoever. Provided always and it
is hereby declared that nothing herein contained shall extend to authorize
or empower the said William Smith Richard Hooton John Fergusson
and Thomas Frankland or any of them to make sale or dispose of any
of the Messuages Tenements Lands Hereditaments goods, Merchandizes
or other Estate or Effects real or personal of the said Thomas Tarleton in his
separate capacity in the Islands of Grenada the Grenadines or in Dominica
or any other place or places in the West Indies or in America or to interfere
therewith in any wise. In Witneʃs whereof we have herein to set our
hands and seals the thirteenth day of September in the Year of Our Lord
One thousand Eight Hundred

Tho Tarleton LS
Sealed and delivered (being first duly stamped)}
by the within named Thomas Tarleton in the}
presence of }

Ed: Falkner
Jos. Lace


445


John Tarleton LS
Danl Backhouse LS
Sealed and Delivered by the within }
named John Tarleton and Daniel }
Backhouse in the Presence of }


Jos. Lace W. S. Roscoe

Joshua Lace of Liverpool in the county , _____ _____ _____ of Lancaster
and Kingdom of Great Britain Gentleman Maketh that he was present and did see
Thomas Tarleton of Bolesworth Castle in the county of Chester in the said Kingdom Esquire,
John Tarleton of Liverpool aforesaid Esquire and Daniel Backhouse of the same
place merchant duly sign seal and as their respective act and deed deliver the
proper writing hereunto annexed purporting to be a power of Attorney from
them the said Thomas Tarleton John Tarleton and Daniel Backhouse to _____
William Smith of the Island of Martinique Merchant Richard Hooton of the
Island of Dominica Merchant and John Fergusson and Thomas Frankland
both of the Island of Grenada Merchants for the purposes therein mentioned
And that the names “Thos. Tarleton” “John Tarleton” and “Danl Backhouse””
thereto subscribe as the parties executing the same and the names “Ed. Falkner”
“ W. S. Roscoe” and “Josa. Lace” thereto set as the witneʃses attesting the execution
thereof are of the proper Hands writing of the said Thomas Tarleton John Tarleton
and Daniel Backhouse of Edward Falkner of Fairfield in the said County
Esquired and William Stanley Roscoe of Liverpool aforesaid Gentlemen and
this deponent respectively –


Josa. Lace

Sworn at Liverpool aforesaid the }
eighhteenth day of September one }
thousand eight hundred – Before }


Pudsey Dawsone – Mayor

To all to whom there presents shall come I Pudsey Dawson
mayor of Borough and Town of Liverpool in the County Palatine of Lancaster
and Kingdom of Great Britain do herby certify that on the day of the date?
hereof personally came and appeared before me Joshua Lace the deponent
named in the affidavit on the other side being a person well known and
worthy of good Credit and by solemn oath which the xxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
said Deponent then took before me upon the Holy Evangelists of Almighty God
he did declare testify and depose to be true the several matters and things
mentioned and contained in the said affidavit.


In Faith and Testimony whereof the
said Mayor have caused the seal of Mayoralty


of


446

LS


of 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 herein annexed Dated at Liverpool
the Eighteenth day of September in the Year of our Lord
one thousand Eight Hundred…

by order of the Mayor
Rd. Hatham - Deputy Town Clerk
Enjoy,

Jim

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