Part 296s – Smith Robertson Genealogy – Indenture Research – 1829 Archibald, David & James – Cont’d

14 June 2010

Morning,

This morning we have air conditioning, thank you very much. I now can continue my Transcription Project without having to jump into the pool every five minutes to cool down.

This Document appears to follow on the heels as a part of the Record I worked on in Part 295s. And once again there is no conclusive hint or clue as to the genealogy or ancestry of ggg-grandfather James Smith, but I have learned something about hogsheads of Muscovado sugar. (See the History of The British Colonies, Possession in The West Indies, History of The British Colonies, Volume II by R. Montgomery Martin, F.S.S. London: Cochrane and McCrone 1834.)

The Schedule, labeled B, adds a further association with others as it appears to indicate the parceling out of some of the property to recoup a portion of the monies due on the original mortgages. I am amazed that I understand a wee bit of the intricacies of the transactions, but at times I can be completely lost. And I keep forgetting that what appears to be a remarkable amount of paperwork for a small money contract today may calibrate completely at a different worth in 1829, almost 181 years ago.

This Record, of the Grenada Registers of Records, was downloaded from Item 4 of the microfilm FHL [1563380]. Here are the images of Pages 400 through and including 405. style="border: medium none;"

My transcription –
(400)

(B)

This Indenture made the thirty first day of December one thousand
eight hundred and twenty nine Between Robert Stronach and George
Cruickshank of the Island of Grenada of the one part and the _____
named James Smith Archibald Smith and Robert McCunn _____ _____


(401)

Other part Whereas by articles of agreement dated the nineteenth
day of April one thousand eight hundred and twenty seven and made between the
within named William Stuart of the one part and the said Robert Stronach and
George Cruikshank of the other part the said William Stuart did for himself his
heirs executors administrators and aʃsigns covenant promise and agree to and with
the said Robert Stronach and George Cruikshank their heirs executors and ad
ministrators that he the said William Stuart would within two years thence
next ensuring well and effectually by Indenture of Lease demise lease set and to
farm? let unto the said Robert Stronach and George Cruickshank their heirs exe
cutors and administrators all the within mentioned plantations or estates situate
in the parishes of Saint George and Saint David in the said Island of Grenada
called or known by the names of Mount Hardman Grand Anec Morne Delise and
Mount Moritz and the lands slaves stock and appurtenances To hold the same
unto the said Robert Stronach and George Cruickshank their heirs executors and
administrators for the term of five years from the first day of July one thousand Eight
hundred and twenty eight (or as seen as the Crop of the year should be off the
ground) at the yearly rent of ten pounds sterling money for every Hogshead of Muscovado
sugar off the size of a thirty eight inch Truss that should be shipped from the said
plantations or estates and upon the terms and conditions thereinafter particularly
specified and set forth and after covenants for making good the value of the slaves
and stock on the said premises at the expiration of the said Lease It was thereby
(amongst other things) declared and agreed that the amount of the said rent at the
rate of ten pounds sterling money for every Hogshead of Muscovado Sugar (of the size
of a thirty eight inch truʃs) should be payable half yearly on the first day of February
and the first day of August in every year by equal moieties the first payment to
commence and be made to the said William Stuart on the first day of February
one thousand eight hundred and twenty nine and the same should be payable in
the City of London and for the better securing the due and punctual payment of
the said annual rent the said Robert Stronach and George Cruickshank did
thereby covenant and agree that they would ship and consign to the said William
Stuart or to his order all the sugar that should be made on the said plantations
or estates to be sold and disposed of by the said William Stuart or his agent to the
best advantage for the said Robert Stronach and George Cruickshank and the
proceeds thereof or so much thereof as might be sufficient to be applied by the said
William Stuart in payment of the said rent And whereas previous to the
execution of the with written Indenture It was agreed by and on the part of
the said Robert Stronach and George Cruikshank (at the request and for the
accommodation of the said William Stuart) that they the said Robert Stronach
and George Cruikshank should confirm unto the said James Smith Archi
bald Smith and Robert McCunn the covenants within entered into by and
on behalf of the said William Stuart so far and in such manner as to give the
_____ _____ and preference in performance of the covenants contained in the said
_____ _____ of agreement or contained to be contained in any Lease executed


or


(402)

Or to be executed pursuant thereto Now this Indenture witneʃseth that
in pursuance of the said agreement and for the several considerations
expresʃsed in the within written Indenture and in consideration of the sum
of ten shillings to the said Robert Stronach and George Cruickshank in
hand paid by the said James Smith Archibald Smith and Robert McCunn
the receipt whereof is hereby acknowledged They the said Robert Stronach
and George Cruickshank Do hereby each of them for himself his heirs executors
and administrators covenant and agree with the said James Smith Ar
chibald Smith and Robert McCunn their executors administrators
and aʃsigns that for and notwithstanding the said recited articles of agreement
of the nineteenth day of April one thousand eight hundred and twenty seven?
or any Indenture of Lease made or to be made pursuant thereto all the
sugar and other marketable produce of what nature or kindsoever to be made?
upon or from the said several plantations and premises called respectively
Mount Hardman Grand Ance Morne Delise and Mount Mortitz or any
part thereof (save and except as within excepted) shall and may during
the term or time in that behalf within mentioned be shipped and consigned
unto the said James Smith Archibald Smith and Robert McCunn their
executors administrators or aʃsigns or the person or persons 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 and shall and may be sold and disposed of and
the proceed thereof and of every part thereof paid or retained and applied
in the manner expressed in the within written Indenture and according to the
covenants therein contained on the part of the said William Stuart his heirs
executors and administrators without any lawful let suit interruption or
disturbance whatsoever of or by them the said Robert Stronach and George Cruick
shank their heirs executors administrators or aʃsigns or any of them or any person
pr persons claiming or to claim by from through under in trust for them or any
of them under or by virtue of the said recited articles of agreement or any Inden
ture of Lease made or to be made pursuant thereto And they the said Robert
Stronach and George Cruikshank do hereby confirm and agree to the covenants
and agreements on the part of the said William Stuart contained in the within
written Indenture and do consent and declare that the same shall and may
have preference and priority of performance to the covenants on the part of the
said William Stuart contained in the said recited articles of agreement of the
nineteenth day of April one thousand eight hundred and twenty seven or contained
or to be contained in an Indenture of Lease executed or to be executed pursuant thereto
Provided nevertheleʃs that nothing herein contained shall operate? or begun? And?
to release determine or render void the said recited articles of agreement or to _____
or interfere with the performance of the said recited agreement or the covenants
contained or to be contained in any Lease executed or to be executed pursuant _____
as between the said William Stuart his heirs executors or administrators _____ _____


(403)

Said Robert Stronach and George Cruikshank their heirs executors admin
istrators and aʃsigns In witneʃs whereof the said parties to the presents have
hereunto set their hands and seals the day and year first above written


Robt Stronach (LS) G. Cruickshank (LS)
Signed sealed and delivered by the above named Robert Stronach and George
Cruikshank in the presence of


Samuel Begg Robert Kirk

John Osborne Barratt of Furnivals Inn in the City of London Gentl
man maketh oath and saith that he (together with James Brooke of the same
place Gentleman was present and did see William Stuart one of the parties
to the Indentures or deed of covenants and defearance hereunto annexed bearing
date the fourth day of November one thousand eight hundred and twenty nine
sign seal and as his act and deed in due form of law deliver the said Indenture
and that the name or signature “Wm Stuart” subscribed to the said Indenture
as one of the partied executing the same is of the proper handwriting of the said
William Stuart and that the names or signatures “James Brooke” and “John
Osborne Barrett” endorsed therein as the witneʃses attesting the due execution
thereof by the said William Stuart are of the respective proper hand writing of
the said James Brooke and this deponent


John Osborne Barratt
Sworn at the Mansion house in the City of London the seventh day of November
1829 before me


Wm Thompson – Mayor

To all to whom these presents shall come I William Thompson Lord Mayor
of the City of London In pursuance of an Act of Parliament made and paʃsed in
the fifth year of the reign of his late Majesty King George the second Intitiled
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 John Osborne Barratt the deponent named in the
Affidavit hereunto annexed being 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 Did solemnly and sincerely declare testify and
depose to be true the several matters and things mentioned and contained in the said
annexed Affidavit.
(LS)


In faith and Testimony whereof I the said Lord 
Mayor have caused the seal of the Office of Mayoralty 
of the said City of London to be hereunto put and 
affixed and the Indenture or deed of covenants and 
defearance mentioned and referred to in and by the 
said Affidavit to be hereunto also annexed Dated in
London the seventh day of November in the year of our 
Lord one thousand eight hundred and twenty nine.
Windale.


(404)

David Smith Clerk to James and Archibald Smith & Company
Merchants in Glasgow maketh oath and saith that he (together with
Alexander Rankin also Clerk to the said James & Archibald Smith & Com
pany) was present and did see James Smith Archibald Smith and Robert McCunn
three of the parties to the Indenture or deed of Covenants and Defearance
hereunto annexed bearing date the fourth day of November one thousand eight
hundred and twenty nine severally sign seal and as their respective act and
deed in due form of law deliver the said Indenture and that the names or sig
natures “Jas Smith” “Archd Smith” and “Robt McCunn” subscribed to the
said Indenture as three of the partied executing the same are of the respective
proper handwriting of the said James Smith Archibald Smith and Robert
McCunn and ^_____ the name or signatures “David Smith” and “Alex. Rankin”
endorsed thereon as the witneʃses attesting the due execution thereof by the said
James Smith Archibald Smith and Robert McCunn are of the respective
proper handwriting of the said Alexander Rankin and this deponent


David Smith 
Sworn at the City of Glasgow the eleventh day of November 1829 before me
Acting Chief Magistrate in absence of the Lord Provost


H. Roberts – Acting Chief Magistrate

To all to whom these present shall I Hugh Robertson Esquire in
absence of the Lord Provost Chief Magistrate of the City of Glasgow in that
part of Great Britain called Scotland Do herby certify that on the day of the
date hereof personally came and appeared before “David Smith” the deponent named
in the foregoing affidavit being a person well known and worthy of good credit
and by solemn oath which the 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 Affidavit
(LS)


In faith and testimony whereof I the said Chief Magistrate
have caused the common Seal of the said City of Glasgow to 
be hereunto put and affixed and the Indenture or Deed of 
Covenants and Defearance mentioned and referred to in and 
by the said Affidavit to be hereunto annexed Dated in Glasgow 
the eleventh day of November in the year of our Lord one thousand 
eight hundred and twenty nine 
H Robertson – Acting Chief Magistrate

Grenada


Before the Honorable Daniel Gibbs Aʃsistant Justice 
of the Supreme Court of Judicature for the Island of Grenada 
and its dependencies 
Personally appeared Samuel Begg of the town of Saint George in the ______
Island Writing Clerk who being duly sworn on the Holy Evangelist of _____



(405)
God maketh oath and saith that he was present together with Robert
Kirk of the same place Gentleman and did see Robert Stronach and George
Cruickshank two of the parties named in the annexed Indenture bearing date
the thirty first day of December last and marked with the letter B severally
sign seal and as and for their respective act and deed execute and deliver the
same Indenture and that the sever names or signatures “R Stronach” and
“G. Cruickshank” appearing set and subscribed opposite the seals at the foot of
the said Indenture as the parties executing the same and the several names
or signatures of “Samuel Begg” and “Robert Kirk” thereto also appearing set
and subscribed as witneʃses are of the several and respective proper handwriting
of the said Robert Stronach George Cruickshank this deponent and the said
Robert Kirk


Samuel Begg
Sworn to this 4th day of January 1830 before me


Dan. Gibbs 
Aʃsistant Justice
And I continue. I am also working on re-directing the links of old Posts in the Archives.

Enjoy,

Jim

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