Part 295s – Smith Robertson Genealogy – Indenture Research – 1829 Archibald, David, & James Smith

13 June 2010

Morning,

My Indenture Research Project continues… and I am still transcribing Records from the Grenada Registers of Records. My search for the genealogy and ancestry and any suggestion or evidence of ggg-grandfather James Smith carries on. It seems that I have been forever working on Item 4 of the microfilm FHL [1563380].

This next record appears to be a mortgage and repayment schedule between three parties: William and Helen Stuart; Thomson Hankey and John Alexander Hankey; and James Smith, Archibald Smith and Robert McCunn. It also seems, from my reading that transactions were to be made through and at the Royal Exchange in the City of London.


(Image: An Elevation , Plan and History of the Royal Exchange of London. Circa 1761



(Image: Royal Exchange, London. Circa 1850)

Within this Record there is a reference to Good Hope, or the land also called Piedmontemps. This is possibly the same estate as referred to in ggg-grandfather James Smith’s 1842 Last Will and Testament. See Part 61s. It also relates to the same as mentioned in Part 266s and Part 267s.

There does not appear to be any more hint or clue to any further connections to ggg-grandfather James. All-in-all the name James Smith is entered at least 26 times in this Document.

Here are the images of Pages 392 to and including 400.


And my transcription –
(392)

Examined

Entered 4th January 1830

This Indenture made the fourth day of November in the year of our
Lord one thousand eight hundred and twenty nine Between William Stuart
of Inverugie in Scotland Esquire of the one part and James Smith
Archibald Smith and Robert McCunn of the City of Glasgow in
Scotland Merchants and Copartners of the other part Whereas by Indentures
of Lease and of Appointment Release and Aʃsignment bearing date respectively
the first and second days of September one thousand eight hundred and twenty
six the appointment release and aʃsignment being made between the said
William Stuart and Helen his wife of the one part and Thomson Hankey
and John Alexander Hankey of Mincing Lane in the City of London
Merchants and Copartners of the other part It is witneʃsed that in consider
ation of the sum of Eighteen thousand five hundred pounds paid by the said
Thomson Hankey and John Alexander Hankey to the said William Stuart
He the said William Stuart by virtue and in exercise of the powers therein
mentioned did direct limit and appoint and they the said William Stuart
and Helen his wife (who was made a party to the said Indenture of Appoint
ment Release and Aʃsignment to the intent that by the execution and acknow
lodgment of the same Indenture all the right and title of dower of the said
Helen the wife of the said William Stuart of and in the plantations estates
and hereditaments thereinafter mentioned might be absolutely barred relin
quished and destroyed) and each of them did grant bargain sell aʃsign alien
release and confirm unto the said Thomson Hankey and John Alexander
Hankey their heirs and aʃsigns All that estate or parcel of land named Mount
Hardman in the parish of Saint George in that part of the Island of Grenada
named Point Salines abutted and bounded as therein mentioned containing
two hundred and ninety seven acres of land were the same more or less together
with all the buildings erected standing or being upon the said estate or parcel of
land And also all that lot piece or parcel of land commonly called or known
by the name of Hog Island situate in the said parish of Saint George and
near adjoining the seashore next the said estate And also all that piece or
parcel of land meʃsuages tenements hereditaments and premises being one
moiety of the plantation called or known by the name of Prospect situate lying
and being in the said parish of Saint George containing by admeasurement thirty
two acres of land were the same more or leʃs and abutted and bounded as therein
mentioned with the appurtenances and also all that plantation or parcel of
land called Grand Ance situate lying and being in the said parish of Saint
George And also all that other plantation called L’ance aux Epines adjoining
to the said plantation of Grand Ance and lying and being in the same parish
which said two last mentioned plantations were then joined together and com
posed one with the lands rights members and appurtenances thereunto belonging
containing in the whole one thousand two hundred and thirty nine acres of land
or thereabouts were the same more or less abutting and bounding as the _____ _____
_____

(393)

Mentioned and also all those negroes and other Men Women and Children
then being in upon or belonging to the said plantations and all other slaves whose
names and descriptions according to the latest registration or corrected registrations
of such slaves made pursuant to the act or acts of parliament for the registration
of Colonial slaves in Great Britain were set forth in the schedule annexed to
the said Indenture of Appointment Release and Aʃsignment and the increase
iʃsue and progeny of the females of the same slaves And also all bulls cows and
other cattle live and dead stock upon or belonging to the same plantations here
ditaments and premises and every of them And also all and singular meʃsuages
tenements houses outhouses offices stables storehouses boiling houses curing
houses still houses negro houses pens cellars mills kilns and all other edifices
erections buildings and improvements whatsoever erected built standing and
being upon the said plantations hereditaments and premises or any part thereof
with the appurtenances and also all coppers boilers stews ladles skimmers
potting basins sugar pots stills still heads worms worm tubs coolers cisterns
plantation tools and utensils And all other implement goods and chattels
whatsoever upon or belonging to the said plantations hereditaments and premises and
every or any part of To hold so much and such part and parts of the same as now
or are of the nature of Freehold or _____ state unto and to the uses of the said
Thomson Hankey and John Alexander Hankey their heirs and aʃsigns for ever
And to hold _____ much and such part and parts of the said premises? as was or were
of the nature of chattel interest or personal estate unto the said Thomson Hankey
and John Alexander Hankey their executors administrators and aʃsigns as their
own goods and chattels absolutely and as to all the said plantations slaves stock
hereditaments and premises thereby appointed conveyed and aʃsigned respectively
or intended so to be upon and for the trusts intents and purposes and with under and
subject to the powers provisoes agreements and declarations in the said Indenture
of appointment release and aʃsignment expreʃsed declared and contained for se
curing the payment by the said William Stuart his heirs executors administrators
or aʃsigns top the said Thomson Hankey and John Alexander Hankey their execu
tors administrators and aʃsigns of the sum of Eighteen thousand five hundred
pounds together with interest for the same after the rate of five pounds for every
one hundred pounds by the year on the second day of March one thousand Eight
Hundred and twenty seven And whereas by Indentures of Lease Release and
Aʃsignment bearing date respectively the first and second days of October one
thousand eight hundred and twenty seven the release and aʃsignment being made
between the said William Stuart and Helen his wife of the one part and the said
Thomson Hankey and John Alexander Hankey of the other part It is witneʃsed
that in order to make or? further and additional security for payment of the
said sum of Eighteen thousand five hundred pounds with interest They the
said William Stuart and Helen his wife (who was made a party to the said
Indenture of release and aʃsignment now so recited to the intent that by the
_____ ____ and acknowledgment of the same Indenture all right and title of

dower

(394)

Dower of the said Helen the wife of the said William Stuart of and
in the plantations estates and hereditaments thereinafter mentioned and every
part thereof might be absolutely barred relinquished and destroyed) and each
of them did grant bargain sell alien release and confirm unto the said Thom
son Hankey and John Alexander Hankey their heirs and aʃsigns All that
piece or parcel of land situate land being partly in the parish of Saint George
and partly in the parish of Saint David in the said Island of Grenada and
containing one hundred and sixty seven acres or thereabouts bounded described
and comprised in the plan thereof annexed to the said therein in part recited
Indenture of the first day of May one thousand eight hundred and fifteen being
part and parcel of a Coffee plantation or parcel of land call Piedmontemps
otherwise Good Hope and also all that plantation piece or parcel of land common
ly called or known by the name of Mount Delise situate and being partly in
the said parish of Saint George and partly in the parish of Saint David
and containing one hundred french quarries of land equal in quantity to three
hundred and thirty english statute acres more or less abutted and bounded as
therein mentioned And also all those negro and other slaves, men, women
and children then being in upon or belonging to the said plantation whose
names and descriptions according to the then latest registration or corrected
registration of such slaves in the offer office of the registrar of colonial slaves in Great
Britain pursuant to the act or acts of parliament for the registration of colonial
slaves in Great Britain were set forth in the Schedule annexed to the said In
denture of release and aʃsignment now in recital and the increase issue and progeny
of the females of the same slaves and also all males and other cattle and all plan
tation tools utensils and implements live and dead stock upon or belonging to
the same piece or parcel of land plantation hereditaments and premises and
even of them and also all and singular meʃsuages tenements houses outhouses
offices stables storehouses boiling houses curing houses still houses negro houses
pens cellars mills kilns and all other edifices erections buildings and improve
ments whatsoever erected built standing and being upon the said piece or parcel
of land plantations hereditaments and premises or any part thereof with the
appurtenance To hold so much and such part and parts of the said premises
as was or were of the nature of freehold or real estate unto and to the use of the
said Thomas Hankey and John Alexander Hankey their heirs and aʃsigns
for ever and to hold so much and such part and parts of the said premises as
was or were of the nature of chattel interest or personal estate unto the said
Thomson Hankey and John Alexander Hankey their executors administrators
and aʃsigns absolutely upon the same trusts and for the same ends intents and
purposes and under and subject to the same powers provisoes declarations and
agreement as in and by the hereinbefore in part recited Indenture of the second
day of September one thousand Eight hundred and twenty six are mentioned and
declared concerning the said hereditaments and premises there by appointed _____
released and aʃsigned as of the said hereditaments and premises by the _____ _____

(395)

Of release and aʃsignment now in recital granted released and assured had
been by the said recited Indenture of the second day of September one thousand
eight hundred and twenty six xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxx appointed granted released and aʃsigned upon the trusts and for the
intents and purposes thereby declared and expressed for securing the due payment
of the said sum of eighteen thousand five hundred pounds and interest And
whereas by Indentures of Lease and Release and aʃsignment bearing date respec
tively the fourth and fifth days of February last the release made between the said
Thomson Hankey and John Alexander Hankey of the first part the said William
Stuart of the second part and the said James Smith Archibald Smith and Robert
McCunn of the third part reciting as or to the effect hereinbefore recited And
further reciting that the said sum of Eighteen thousand five hundred pounds and
the interest thereof were further secured by the Bond or obligation of the said
William Stuart bearing date the second day of September one thousand eight
hundred and twenty six in the final sum of thirty seven thousand pounds And
further reciting that upon an account made up and state between the said
William Stuart and the said Thomson Hankey and John Alexander Hankey
up to the day of the date of the reciting Indenture it appeared that there then
remained due from the said William Stuart to the said Thomas Hankey and
John Alexander Hankey upon and by virtue of the securities hereinbefore mentioned
the sum of Eighteen thousand and twenty five pounds five shillings and further
reciting that the said James Smith Archibald Smith and Robert McCunn
upon the request of the said William Stuart had agreed to take up the said debt or
sum of Eighteen thousand and twenty five pounds five shillings on have such aʃsign
ment thereof and aʃsignment and transfer of the securities of the same as thereinafter
is contained And further reciting that the said James Smith Archibald Smith
and Robert McCunn had already advanced and paid and they or the survivors
or survivor of them his executors or administrators or other the persons or person
from time to time composing their house of trade or conducting the busineʃs thereof
might thereafter advance and pay further monies on account of the said William
Stuart his heirs executors administrators and the said William Stuart his heirs
executors or administrators might become indebted to the said James Smith Ar
chibald Smith and Robert McCunn or the survivors or survivors of them his exe
cutors administrators or other persons or person aforesaid for supplies? to be furnish
ed or provided for the said plantation and on other accounts And it had been agreed
that such further monies should be secured in manner thereinafter mentioned It
is witneʃsed that in consideration of the sum of eighteen thousand and twenty five
pounds five shillings paid by the said James Smith Archibald Smith and Robert
McCunn unto the said Thomson Hankey and John Alexander Hankey They the

said

(396)

Said Thomas Hankey and John Alexander Hankey with the privity
and approbation of the said William Stuart (testified as therein mentioned)
did bargain sell aʃsign transfer and set over unto the said James Smith Archi
bald Smith and Robert McCunn their executors administrations and aʃsigns all
that the aforesaid sum of eighteen thousand and twenty five pounds five shillings
so due or owing from or by the said William Stuart to the said Thomson Hankey
and James Alexander Hankey as thereinbefore is recited and all interest
thenceforth to become due for the same and the said Indenture of Mortgage and
the said Bond or Obligation whereby the said principal monies and interest
were respectively secured and all other securities for the same and the full benefit
and advantage thereof To have hold release and take the said sum interest and
premises thereby aʃsigned unto the said James Smith Alexander Smith and
Robert McCunn their executors administrators and assigns for their own abo
solute use and benefit And it is by the said Indenture also witnessed that for
the consideration thereinbefore expressed and also in consideration of ten
shillings paid by the said James Smith Archibald Smith and Robert McCunn
to the said William Stuart the said Thomas Hankey and John Alexander
Hankey with the privity and approbation and direction of the said William Stuart
(testified as aforesaid) did bargain sell release enfeoff and aʃsign And the said
William Stuart did grant bargain sell alien release assign certify and confirm
unto the said James Smith Archibald Smith and Robert McCunn and their
heirs executors administrators and assigns respectively according to the different
natures and qualities thereof respectively All and singular the plantations
estates messuages pieces or parcels of ground land tenements and hereditaments
comprised in and conveyed by the said recited Indentures of Lease and Appoint
ment release and aʃsignment of the first and second days of September one thou
sand eight hundred and twenty six and Indentures of Lease and Release and
Aʃsignment of first and second days of October one thousand eight hundred and
twenty seven together with all houses outhouses edifices erections and buildings
erected and built upon the same plantations and other their appurtenances
and all the negro and other slaves comprised in and conveyed or intended so to be
by the same Indentures whether by name or as the then future iʃsue of the females
or otherwise (save and except such of the said slaves as were since dead) and all other
if any of the negro and other slaves enumerated and specified in the schedule
to the reciting Indenture and who might be then living (all which said negro
and other slaves intended to be thereby conveyed were named and described in the
schedule to the reciting Indenture according to the latest registration or corrected
registration of the said slaves in the office of the Registrar of Colonial Slaves in
Great Britain established by an act of Parliament been made and paʃsed in the
fifty ninth year of the reign of His Majesty King George the third Chapter 420?
in the said Island of Grenada of the last return of the said slaves so registered _____
said and also the future issue offspring and increase of all the females ______ ______

(397)

Several and respective slaves and also all horses mules cows oxen sheep cattle
and other live stock and all plantation tools implements utensils and other dead
stock upon about or belonging to the said plantations or used or employed in the culti
vation or management or conduct of the same and the future increase of the said live
stock hereditaments and premises lastly thereby conveyed and aʃsigned respectively
or intended so to be as was or were free hold or of the nature of real estate unto and to
the use of the said James Smith Archibald Smith and Robert McCunn their heirs
and aʃsigns for ever And to hold such and so many and such part and parts of the
same plantations slaves stock hereditaments and premises as was and were chattel
hold or of the nature of personal estate unto the said James ^Smith Archibald Smith and
Robert McCunn their executors administrators and aʃsigns and as to all the said
plantation slaves stock heredits and premises lastly thereby conveyed and aʃsigned
respectively freed and discharged from the trust intents and purposes powers promises agree
ments and declarations contained in the said recited Indenture of appointment release
and aʃsignment of the second day of September one thousand eight hundred and twenty
six and Indenture of release and aʃsignment of the second day of October one thousand
eight hundred and twenty seven but subject to the proviso or agreement in the now reciting
Indenture contained for redemption of the same plantations slaves stock hereditaments
and premises of the said William Stuart his heirs executors administrators or aʃsigns
should on the fifth day of August then next and in on last pay or cause to be paid
unto the said James Smith Archibald Smith and Robert McCunn their executors
administrators and aʃsigns the sum of Eighteen thousand and twenty five pounds
five shillings together with interest for the same after the rate of five pounds for
every one hundred pounds by the year to be computed from the day of the date thereof
and also all such other sums of money as had been already advanced lent or paid
by the said James Smith Archibald Smith and Robert McCunn to for not account
of the said William Stuart together with interest for the same after the rate
aforesaid to be computed from the respective times of the same having been so advanced
lent or paid and also should from time to time pay or cause to be paid to the said James
Smith Archibald Smith and Robert McCunn their executors administrators or
aʃsigns all and every other sums and sum of money which at any time or times there
after might be lent advanced or paid by the said James Smith Archibald Smith
and Robert McCunn or the survivors or survivor of them his executors or admin
istrators or by the persons or person from time to time composing their House of Trade
or conducting the busineʃs thereafter or for the use or on the account of the said William
Stuart his heirs executors or administrators or which at any time or times thereafter
might become or be due or owing to the said James Smith Archibald Smith and
Robert McCunn or the survivors or survivors of them his executors or administrators
or the persons or person so from time to time composing their house of trade or con
ducting the busineʃs thereof from or by the said William Stuart his heirs executors
or administrators in any wife howsoever within six extended months next after the
_____ respective? times when the same should be advanced lent or paid as aforesaid

or

(398)

Or should become due and payable as the case might be or require ______ _____
with Interest on all and every such several sums and sum to be computed
after the rate aforesaid from such time or times respectively and should make
all the aforesaid payments at or upon the Royal Exchange in the City of London
without any deduction or abatement whatsoever and in the said Indenture
now in recital are also contained certain provisoes and agreements for enabling
and effectuating a sale of the said hereditaments and premises in case of
default in payment of the said principal monies and interest or any part
thereof respectively and likewise a proviso for limiting the amount of the
money to be ultimately recoverable upon that security to Ten thousand
pounds over and above the said Eighteen thousand and twenty five
pounds five shillings And whereas such further advances as were intended
to be secured by the last hereinbefore in part recited Indenture were also
secured by Bond or obligation of the said William Stuart bearing even
date with the same Indenture in the final? sum of twenty thousand pounds
And whereas the said James Smith Archibald Smith and Robert McCunn
have advanced to or for the said William Stuart and have Liable to
pay on his account various sums of money amounting to the sum of six
thousand pounds sterling and upwards in addition to the said sum of
Eighteen thousand and twenty five pounds five shillings under the provision
for further advances contained in the said hereinbefore in part recited Indenture
of the fifth day of February last And whereas the said James Smith
Archibald Smith and Robert McCunn at the instance and request of the
said William Stuart have agreed that the said sum of Eighteen thousand
and twenty five pounds five shillings so as aforesaid paid by the said James
Smith Archibald Smith and Robert McCunn to the said Thomson Hankey
and John Alexander Hankey shall be considered as a permanent Loan
to the said William Stuart for the term of five years to be computed from the
thirty first day of March last (provided the covenant of the said William
Stuart hereinafter contained shall be so long duly observed and performed)
and also to accept payment of the amount of such further advances as aforesaid
by five annual instalments in manner hereinafter mentioned in consideration
of which agreement and as a further security for the repayment of the said prin
cipal monies and interest according to the terms thereof the said William
Stuart hat proposed and agree to enter into such covenant as is hereinafter
contained for consigning to the said James Smith Archibald Smith and
Robert McCunn all the sugar and other marketable produce to be made
not only from and upon the said several plantations and premises comprised
in the said recited securities but also from and upon another plantation of
him the said William Stuart situated in the said Island of Grenada called
Mount Moritz (except so much of the Rum as is hereinafter mentioned) for
the said term of five years in the manner and for such purposes as are _____
after expresʃsed Now this Indenture witneʃsed that in pursuance _____

(399)

Performance of the said agreement on the part of the said William Stuart
he the said William Stuart doth hereby for himself his heirs executors and admin
istrators covenant promise and agree with and to the said James Smith Archi
bald Smith and Robert McCunn their executors administrators and aʃsigns that
during the term of five years to be computed from the thirty first day of March last
and so long as any money shall be due and owing or unpaid on the security of the
said mortgaged plantations and premises he the said William Stuart his heirs
executors administrators and assigns shall and will duly and faithfully cause the
same plantations and also the said other plantation called Mount Moritz to be
cultivated in a planter like manner and shall and will cause all the sugar and
other marketable produce of what nature or kindsoever of the said several plan
tations and premises called respectively Mount Aardman Grand Anec Mane
andlice? and Mount Moritz or any part thereof (save and except so much of the sum?
us shall be disposed of in the said Island for payment of the contingent expenses
of the said plantations respectively) to be shipped and consigned unto the said James
Smith Archibald Smith and Robert McCunn their executors administrators
and aʃsigns or the person or persons so from time to time composing their house of trade
or conducting the busineʃs thereof or such other person or persons in Glasgow or elsewhere
in Great Britain as they shall direct and appoint in order that the same may be
sold and disposed of on the account and at the risk of the said William Stuart
his heirs executors administrators and assigns And it is hereby declared and agreed
by and between the said parties to these presents that the net proceeds of the produce
of all the said several plantations when so sold and disposed of shall and lawfully
may during the said term of five years be annually applied after deducting the normal
charges of freight Insurance commiʃsions and other incidental and lawful charges
in manner following (that is to say) In the first place in payment of such provisions
and supplies as shall be sent out for the said plantations slaves and premises res
pectively by the said James Smith Archibald Smith and Robert McCunn their
executors administrators or assigns or by the persons or person so from time to time
composing their house of trade or conducting the business thereof and in the next
place in payment of the annual interest of the whole of the monies for the time
being due and owing or remaining unpaid upon or in respect of the securities here
inbefore mentioned or any of them and in the next place in the reduction of the
debt due and to become due from the said William Stuart his heirs executors
administrators or aʃsigns to the said James Smith Archibald Smith and
Robert McCunn their executors administrators and aʃsigns as aforesaid to
the sum of Eighteen thousand and twenty five pounds five shillings by the install
ments and payable at the time hereinafter mentioned (that is to say) the sum of
five hundred pounds on the thirty first day of March one thousand eight hundred
and thirty the further sum of one thousand six hundred pounds on the thirty first
day of March one thousand eight hundred and thirty one the further sum of one
thousand six hundred pounds on the thirty first day of March one thousand Eight
hundred and thirty two the further sum of one thousand six hundred pounds on the

thirty

(400) 
Thirty first day of March one thousand eight hundred and thirty three
and the balance or sum after such payments as aforesaid which shall _____
due from the said William Stuart his heirs executors administrators aʃsigns
to the said James Smith Archibald Smith and Robert McCunn their
executors administrators or assigns over and above the said sum of Eighteen
thousand and twenty five pounds five shillings to be paid on the thirty first
day of March one thousand eight hundred and thirty four And as for and
concerning any surplus which may annually remain after making the
several payments aforesaid the same shall be held In trust for the said
William Stuart his heirs and aʃsigns and be paid and transferred accord
ingly And it is hereby further agreed and declared by and between the
parties to these presents to be their true intent and meaning that during
the term of five years to be computed from the thirty first day of March last
if the said several plantations shall in the mean time be duly cultivated and
the produce thereof duly consigned according to the covenants of the said
William Stuart hereinbefore contained and if by means thereof all arrears
of interest and the said several instalments or sums of money shall be paid
off so as to reduce the said debt to the said sum of Eighteen thousand and
twenty five pounds five shillings according to the true intent and meaning
of these presents they the said James Smith Archibald Smith and Robert
McCunn their heirs executors administrators or aʃsigns shall not exercise the
power of sale contained in the hereinbefore in part recited Indenture of the
fifth day of February one thousand eight hundred and twenty nine nor proceed
at law or in equity against the said William Stuart his heirs executors ad
ministrators or aʃsigns of the said several plantations estates and premises
or any of them upon or by virtue of the said recited Indentures or Securities or
any of them or otherwise howsoever any thing therein or hereinbefore contained
to the contrary notwithstanding In witness whereof the said parties to these
presents have hereunto set their hands and seals the day and year first above written

Wm Stuart (LS) Jas (LS) Smith
Arch (LS) Smith Robt (LS) McCunn

Signed sealed and delivered by the within named William Stuart in the
presence of
James Brooke }
John Osborne Barratt }

Farnwals Inn London
Signed sealed and delivered by the within names James Smith Archibald
Smith and Robert McCunn in the presence of
David Smith }
Alex Ranken }

Clerks to James & Archd Smith & Co.

And I carry on searching.

Enjoy,

Jim

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