Part 372s – Smith Robertson Genealogy – Indenture Research – 1814 Archibald Smith Plus – A Parcel of Land, Cont’d

28 September 2010

Evening,

As a follow up to Part 368s this next transcription is another Document in the search and research for the origins of my ggg-grandfather James Smith. A quick count of the occurrence of the surname Smith, as written in this Indenture from the Grenada Registers of Records, totals 67. And not one is a definitive connection to ggg-grandfather James.

(The images of 1809 and 1814 London Buildings from Blog of An Art Admirer and History Lover.)

This Record is marked “B” and is a second part to the one in my Posting in Part 368s.

Here are the images of Pages 157 through and including 164 as downloaded from Item 3 of the microfilm FHL [1563379].


My transcription –
(157)

B
This Indenture made the nineteenth day of March in the fifty
fourth year of the Reign of Our Sovereign Lord George the third by the Grace of God of the united
Kingdom of Great Britain and Ireland King defender of the faith and in the year of Our
Lord one thousand eight hundred and fourteen Between Henry Charles Litchfield
of Lincolns Linn in the County of Middlesex Esquire John Brickwood of Croydon
in the County of Surrey Esquire and Aaron Graham of Great Queen Street Lincolns
Inn Fields in the said County of Middlesex Esquire of the one part and Archibald
Smith John Smith James Smith the Elder Adam Crooks John Guthrie John
Ryburn James Smith the younger and Andrew Ranken of the City of Glasgow in

North 


(158)

North Britain and John Lindsay of the Island of the Island of Grenada
Merchants and partners of the other part Whereas by an Act of Parliament
Pa∫sed in the forty Sixth year of the Reign of his present Majesty intituled “An Act for more
effectually carrying into execution the purposes of an Act made in the thirty ninth and
"Fortieth years of His present Majesty to give a further time for the payment on the conditions
therein mentioned of installments or certain Loans advanced to the House of Alexander
Houstoun & Co. to Charles Ashwell Esquire and to William Johnstone Esquire being
persons connected with and trading to the Islands of Grenada and Saint Vincent So far as
relates to the real and Personal Estates of William McDowall James McDowall and
Robert Houstoun Rae in the West Indies and elsewhere except Scotland" The Lot or
parcel of land and land covered with water and other hereditaments herein After described
and intended to be hereby released with the appurtenances thereunto belonging were (
among and together with certain plantations lands tenements Negroes Slaves live and
dead the Stock and other hereditaments and also certain personal Estate and Effects in thesaid
Act of Parliament respectively mentioned or referred to) from thenceforth vested in and
Settled upon Ambrose Serle Esquire since deceased the said John Brickwood and Aaron
Graham their heirs executors administrators and as∫igns according to the nature and
quality of the same premises respectively But neverthele∫s upon trust that they thesaid
Ambrose Serle John Brickwood and Aaron Graham should as Soon as conveniently
might be after the passing of that Act of their own proper authority Cell and dispose of the
said plantations lands tenements Negroes Slaves live and dead Stock and all other ^
^ hereditaments and premises hereby vested and Settled as aforesaid by Public Auction or private in Such and Lots or
Parcels as to them the Same Ambrose Serle John Brickwood and Aaron Graham should
Same? Meet unto any person or persons who should be willing and desirous to purchase the
Same for the best price and Most Money that could or might be Reasonably had or obtained
for the Same and upon Receipt of the Money for which the same premises respectively
Should be Sold should give Receipts for the same with Receipts should be even effectual discharges
two purchasers And also should Convey the premises So Sold unto and to the use of such
purchaser or purchasers thereof and is her or their heirs executors administrators and as∫igns
for ever and for such Estate or Interest as the Trustees or Trustee selling or disposing of the same
should or might have therein or unto such other Uses intents and purposes or in such other
manner as he she or they should direct and appoint freed and discharged of and from
all claims of His Majesty his heirs and Succe∫sors And it was by the Same Act
also further Enacted that in Case the said Trustees thereby appointed or either of them
or any Trustee or Trustees thereafter to be appointed under and by virtue of that Act
should become incapable to act in the execution of the acts trusts their in before mentioned
before the Same truth should be fully executed and performed their and in such Case
it should and might be lawful to and for the Lords Commi∫sionaires of His Majesty's
Treasury for the time being ^ of or any three or more of them or the Lord High Treasurer for the time being by writing Signed by them or him to appoint Some other
person or persons to be trustees or trustee for the purposes aforesaid in the Room of the
Trustee or Trustees So dying or declining or becoming incapable to Act and from and
after every such Appointment all and Singular the aforesaid plantations houses
lands tenements Negroes Slaves live and dead Stock Stock in trade debts Goods
Chattels and Real and Personal Estate thereby Vested and Settled as aforesaid or So much?

Thereof


(159)

Thereof as should not have been Sold or disposed of for the purposes aforesaid
and all Monies and Effects then Vested in the trustees or trustee for the time being of the
trusts premises should with all Convenient Speed be conveyed as∫igned transferred
paid and Made over two and in Such manner and form as that the Same Respectively
might be and become vested in the surviving or continuing Trustee and such new
trustee or in Such new Trustees only as the Case might happen and in their respective
heirs executors administrators and As∫igns upon and to and for such of the trusts
intents and purposes there in before declared as should be then existing and capable
of taking Effect and So from time to time and as often as there should be occasion
and all and every such New Trustees and Trustee and their and his heirs executors
Administrators and As∫igns should have and be invested with such and the same
Powers and Authorities In All Respects As the Case Would Have Been If the Persons or
Person So to be appointed Trustees or Trustee had been named and appointed by that
Act. And whereas the said Ambrose Serle departed this life on the Sixth
day of August one thousand eight hundred and twelve And whereas the
Right Honorable Nicholas Vanisttart The honorable Berkeley Paget and James
Brogden Esquire three of the Lords Commi∫sionaires of His Majesty’s Treasury did
by writing under their hands bearing date the Sixteenth day of February one thousand
eight hundred and twelve in pursuance of the Power and Authority given and granted
to them by the Said Act of Parliament of Forty Sixth Year of his present Majesty appoint
the said Henry Charles Litchfield to be a Trustee for the purposes of thesaid Act in the
Room of the said Ambrose Serle deceased And whereas by Indentures of Lease
and Release and A∫signment bearing date Respectively on or about the twenty eighth
and twenty ninth days of April now last past The Release and A∫signement made
or expre∫sed to be made between the said John Brickwood and Aaron Graham
of the first part Joseph Haye of New Bank buildings in the City of London
Gentleman of the Second and the said Henry Charles Litchfield John Brickwood
and Aaron Graham of the third part All those the said plantations Me∫suages
lands tenements hereditaments and all and Singular other the Real Estate whatsoever
which by the said herein before Recited Act of Parliament were vested in the said Ambrose
Serle John Birchwood and Aaron Graham their heirs and A∫signs and which had
not already been Conveyed or otherwise a∫sured by the said John Brickwood and Aaron
Graham To the use of them thesaid Henry Charles Litchfield John Brickwood and Aaron
Graham their heirs and a∫signs with their appurtenances And the Rents I∫sues produce
and profits of the Same And all personal Estate and Effects whatsoever which by the same Act
were vested in thesaid Ambrose Serle John Brickwood and Aaron Graham and which
had not already been Vested in thesaid Henry Charles Litchfield John Brickwood and
Aaron Graham were in conformity to the trusts and directions contained in the said Act
of the Forty Sixth Year of his present Majesty and for the consideration in the said Indenture
of Release and A∫signment expre∫sed conveyed a∫signed and confirmed unto the said
Joseph Kaye his heirs executors administrators and A∫signs according to the Nature
and _____ of the Same hereditaments and premises Respectively (that is to Say) As
such of the said hereditaments and premises as were of the matters? of freehold and

Inheritance


(160)

Inheritance or freehold only To the use of the said Henry
Charles Litchfield John Brickwood and Aaron Graham their heirs and
A∫signs for all such Estate and interest therein as therein before mentioned upon
and for the trusts intents and purposes and with under and Subject to the powers provisos
and declarations in the said Recited Act expre∫sed or contained of or concerning the Same
and which were then Subscribing undermined or Capable of taking effect And as
to such hereditaments and premises as were of the Nature of personal Estate Upon
turst that he the said Joseph Kaye his executors administrators or a∫signs should
A∫sign in the same as therein is mentioned And whereas thesaid Archibald
Smith John Smith James Smith the Elder Adam Crooks John Guthrie John Ryburn
James Smith the younger Andrew Ranken and John Lindsay Sometime Since contracted
and agreed with the said Ambrose Serle John Brickwood and Aaron Graham for
the purchase of the hereafter described Lot or parcel of Land Covered with Water
and other hereditaments for the price or sum of five hundred and eighty pounds Current
Money of the said Island of Grenada being two hundred and ninety pounds of lawful
Money of Great Britain but no Conveyances thereof has been made in pursuance of the
said Contract and Agreement And whereas the said Henry Charles Litchfield
John Brickwood and Aaron Graham have upon the application and at the Request of the
said Archibald Smith John Smith James Smith the Elder Adam Crooks John Guthrie
John Ryburn James Smith the younger Andrew Ranken and John Lindsay agreed
to execute such Conveyance of the said Lot or parcel of land and land Covered with Water and
other hereditaments unto the said Archibald Smith John Smith James Smith the Elder
Adam Crooks John Guthrie John Ryburn James Smith the younger Andrew Ranken
and John Lindsay as is hereinafter Contained Now this Indenture
Witne∫seth that in Consideration of the Sum of two hundred and ninety pounds
of lawful Money Current in Great Britain paid by the said Archibald Smith John Smith
James Smith the Elder Adam Crooks John Guthrie John Ryburn James Smith the younger
Andrew Ranken and John Lindsay to thesaid Henry Charles Litchfield John Brickwood
and Aaron Graham as hereinbefore is mentioned the Receipt of which said Sum of two
hundred and ninety Pounds they the said Henry Charles Litchfield John Brickwood and
Aaron Graham do hereby acknowledge and of and from the Same and every part thereof
do acquit Release and discharge the said Archibald Smith John Smith James Smith
the Elder Adam Crooks John Guthrie John Ryburn James Smith the younger
Andrew Ranken and John Lindsay their heirs executors administrators and
every of them for ever by these presents they the said Henry Charles Litchfield John
Brickwood and Aaron Graham Have and every of them Hath bargained Sold
Released and Confirmed and by these presents Do and every of them Doth bargain Sell
Release and Confirm unto the said Archibald Smith John Smith James Smith the Elder
Adam Crooks John Guthrie John Ryburn James Smith the younger Andrew Ranken
and John Lindsay (in their actual po∫se∫sion now being by virtue of a Bargain and
Sale to them made of the same by the said Henry Charles Litchfield John Brickwood
and Aaron Graham by and Indentures bearing date the day next before the day of the
date of these presents for the term of one year commencing from the day next before the

Day 


(161)

Day of the date of the Same Indenture of Bargain and Sale and by force of the
Statute made for transferring uses into po∫se∫sion of and to their heirs and A∫signs All that
Lot of Parcel of Land and land covered with water Situate on the East Side of that part of
the Harbour of Saint George in the Island of Grenada called or Known by the name and
description of the Carenage and bounded by A line drawn South Sixty five degrees East
from the boundary of the Harbour at the distance of fifty three feet and a half from Pike
No. 12 ending at the High Rod to the Artillery Ground on the East by the said Artillery
Ground and on the South by the Sea containing one Acre two Roods and eight perches
or howsoever otherwise the said Lot or parcel of Land and land covered with water are is
or ought to be bounded abutted or described And also all Ways waters watercourses
emoluments advantages and Appurtenances whatsoever to the Said Lot or parcel of
Land and land covered with water and hereditaments belonging or in anywise
appertaining And the Reversion and Reversions Remainder and Remainders yearly
and other Rents i∫sues and profits of the saide? and every part thereof and all the Estate Right-
Title interest use trust Property profit benefit claim and demand whatsoever both at Laws
and in Equity of them the said Henry Charles Litchfield John Brickwood and Aaron
Graham and every of them of into or out of the said Lot or parcel of land and land covered
with Water and hereditaments and every part thereof To have and to hold
the said Lot or parcel of land and land covered with water hereditaments and all other
the premises herein before Released or expre∫sed and intended So to be with their appurtenances
unto the said Archibald Smith John Smith James Smith the Elder Adam Crooks
John Guthrie John Ryburn James Smith the younger Andrew Ranken and John
Lindsay their heirs and A∫signs To the Use of the said Archibald Smith John Smith
James Smith the Elder Adam Crooks John Guthrie John Ryburn James Smith the
younger Andrew Ranken and John Lindsay their heirs and a∫signs for ever And
the said Archibald Smith John Smith James Smith the Elder Adam Crooks John Guthrie
John Ryburn James Smith the younger Andrew Ranken and John Lindsay do hereby
agree and declare that as between themselves and their respective Representatives the said
Lot or parcel of land and land covered in the Water hereditaments and premises shall be
considered personal Estate and part of the Capital and Stock in trade of them the said
Archibald Smith John Smith James Smith the Elder Adam Crooks John Guthrie
John Ryburn James Smith the younger Andrew Ranken and John Lindsay and
be divisible among them accordingly and each of them the said Henry Charles Litchfield
John Brickwood and Aaron Graham So far as related to his own Acts and deeds and only and
not further or otherwise doth hereby covenant and declare with and to the said Archibald
Smith John Smith James Smith the Elder Adam Crooks John Guthrie John Ryburn
James Ryburn the younger Andrew Ranken and John Lindsay their heirs and a∫signs
That they the said Henry Charles Litchfield John Brickwood and Aaron Graham have not
at any time or times heretofore made done committed or executed a Knowingly or willingly
permitted or Suffered or been respectively parties or privies to any Act deed Matter or thing
whatsoever whereby or by Reason or means whereof the Lot or parcel of land and land covered
with Water and hereditaments hereby Released or expre∫sed and intended So to be or any
part or parcel thereof are is can shall or maybe impeached charged affected or in considered in

Title


(162)

Title Estate or otherwise howsoever Provided always and it is
hereby agreed and declared between and by the parties to these presents that of by
reason of the decease of any of them thesaid Archibald Smith John Smith James
Smith the Elder Adam Crooks John Guthrie John Ryburn James Smith the younger
Andrew Ranken and John Lindsay and any other person in whom the hereditaments and
premises hereinbefore granted and Releases shall become vested or in consequence of any
other part thereof shall become vested in the Survivors or Survivor of them the said Archibald
Smith John Smith James Smith the Elder Adam Crooks John Guthrie John Ryburn
James Smith the younger Andrew Ranken and John Lindsay or in the Survivors or
Survivor of any other persons whom the said hereditaments and premises shall so become
vested as aforesaid then and in that Case notwithstanding any equitable claim or demand
which the Heirs executors or Administrators of the person or persons So departing this life
shall have upon the said hereditaments and premises It may and Shall be lawful to
and for the Survivors or Survivor or others or other of them thesaid Archibald Smith John
Smith James Smith the Elder Adam Crooks John Guthrie John Ryburn James
Smith the younger Andrew Ranken and John Lindsay or other the person or person in whom the
said hereditaments and premises shall So become vested as aforesaid to Sell and Convey
the said hereditaments and premises to any person or persons who shall be willing to become the
purchaser or purchasers thereof and for the best price or prices that can be Reasonably had or gotten
do the Same without the legal or personal Representatives of them the said Archibald
Smith John Smith James Smith the Elder Adam Crooks John Guthrie John Ryburn
James Smith the younger Andrew Ranken and John Lindsay who shall first
depart this life joining or concerning in any such Conveyance or Conveyances of
the said hereditaments and premises And also to sign and give a Receipt or Receipts
in writing for all and every Sums and Sum of Money for the purchase or consideration
of the Same Hereditaments and premises without any such legal or personal Representations
as aforesaid joining or concurring in the same And that such Receipt or Receipts as aforesaid
shall effectually discharge the person or persons to whom the same shall be given from being
answerable accountable for the misapplication or non application or bring in any wise
bound or concerned to See to the application of the Money therein mentioned and
acknowledged to be received And the said Henry Charles Litchfield John Brickwood
and Aaron Graham Do and each and every of them Doth hereby nominate constitute
and appoint George Gun Munro of the said Island of Grenada Esquire their true and lawful
Attorney to Acknowledge the hands and Seals of them the said Henry Charles Litchfield
John Brickwood and Aaron Graham subscribed and affixed to these presents and to the
lease for a Year on which the Same is grounded to be their Respective hands writing and Seals
and to Acknowledge these presents and the said lease for a Year as their Respective Acts and deeds
before the Registrar of the said Island or his lawful deputy for the time being or other competent
person in the said Island in order that the Same may be Registered and Recorded according to
the Acts Laws and Constitutions of thesaid Island of Grenada as fully and effectually to all
intents and purposes as they the said Henry Charles Litchfield John Brickwood and Aaron
Graham or any of them might or could do if personally present In witne∫s whereof the

Said 


(163)

Said parties to these presents have hereunto Set their hands and Seals the day
and Year first above written

H.C. Litchfield (LS) Jno Brickwood (LS) A Graham (LS)

Signed Sealed and delivered In the presence of

Edw Rontree 5 New Bank Buildgs London 

Received the say and year first within written of the within named
Archibald Smith John Smith James Smith the Elder Adam Crooks John Guthrie
John Ryburn James Smith the younger Andrew Ranken and John Lindsay the Sum
of two hundred and ninety pounds being the consideration or purchase money within
mentioned to be paid by them to us £290.

H.C. Litchfield Jno Brickwood A. Graham
Witne∫s Edw: Rontree

Edward Rontree of New Bank buildings in 
the City of London Gentleman maketh Oath and Saith the he was present and did
See the Indenture of lease for a Year hereunto annexed (marked with the Letter A) duly
Signed Sealed and delivered by the therein named Henry Charles Litchfield John
Brickwood and Aaron Graham and that the names “H.C. Litchfield” “Jno Brickwood”
and “A. Graham” Set and Subscribed to the said Indenture of lease for a year as the
parties executing the Same are of the Respective proper hands writing of the said Henry
Charles Litchfield John Brickwood and Aaron Graham And that the name “Edw Rontree”
Subscribed to the Attestation thereunder written as the Witne∫ses to the due execution thereof
by the said Henry Charles Litchfield John Brickwood and Aaron is of the proper
handwriting of this deponent And this deponent further Saith that he was also present
and did See the Indenture of Release or Conveyance hereunto also annexed (marked
with the letter B) duly Signed Sealed and delivered by the said Henry Charles Litchfield
John Brickwood and Aaron Graham and that the Names “H.C. Litchfield” “Jno Brickwood”
and “A. Graham” Set and Subscribed to the said Indenture of Release or Conveyance
as the parties executing the same are of the Respective proper handwriting of the
said Henry Charles Litchfield John Brickwood and Aaron Graham and that
the name “Edw Rontree” Subscribed to the Attestation thereunder written as the
Witne∫ses to the due execution thereof by the said Henry Charles Litchfield John
Rcivkwood and Aaron Graham is of the proper hand writing of this Deponent
Edw: Rontree
Sworn at the Mansion house London the 23rd day of March 1814 before me

Wm Domville Mayor
To all to whom these presents shall Come I William Domville
Lord Mayor of the City of London In pursuance of an Act of Parliament made and
pa∫sed in the fifth of the Reign of his late Majesty King George the Second Instituled an
Act for the more easy Recovery of debts in his Majesty’s Plantation and Colonies in America
Do hereby Certify that on the day of the date hereof personally Came and
appeared before me Edward Rontree 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 Evangelist of Almighty

God


(164)

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 where of I thesaid Lord 
Mayor have caused the Seal of the Office of Mayoralty of thesaid City of 
London to be hereunto put and Affixed and the Indentures of Lease 
and Release marker A and B mentioned and referred to in and by the 
said Affidavit to be hereunto also annexed Dated in London on the twenty 
third ^day of March in the year of Our Lord One thousand and eight hundred and 
Fourteen.
Windale

I now move onto Item 4 of the microfilm FHL [1563379].

Enjoy,

Jim

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