Part 508s – Smith Robertson Genealogy – Indenture Research – 1824 James Smith – 10s + One Pepper Corn = £900.0.0

17 May 2011

Morning,

Following on the heels of Part 507s is the property transaction documentation of ggg-grandfather James Smith dated one day after, 15 January 1811. The cost of the property and mathematical calculation, of course is some legal hocus-pocus converting 10 shillings plus one pepper corn to £900.0.0.

Even though this Contract and property transaction is specific to ggg-grandfather James and his partner James Devereaux Lumsden I cannot pick out any hint or clue to ggg-grandfather’s origins or ancestry.

Oh, and I was somewhat confused by the dates included on these Indentures when I first started my Transcription Project, in the search of the origins and genealogy of my ggg-grandfather James Smith… but I think I now understand the time sequencing. (Hell, there was neither Internet nor Western Union.)

There are usually three dates –
  1. The date the Indenture, Contract, Document was written, that is created… appears to fall close to the actual date of the physical transaction.
  2. The date that the Indenture, Contract, Document was signed by the “legal” powers that be… In most cases a representative of the “legal” system.
  3. The date that the Indenture, Contract, Document was entered by some scribe, typically a clerk, into the Register.
There may be other key dates included within the body of the Document, but all-things-being-equal the above-noted three are the critical dates pertinent to the time-line of the actual paper-work. Mode of communication between 1811 and 1824, Grenada to England… some type of parchment, a quill, a bottle of ink, and a sea-going vessel.

From the microfilm FHL [1563379] Item 12 representing images of the Grenada Registers of Records, here are the copies of pages 28 through and including 32.


My transcription –

(28)
This Indenture made the fifteenth day of
January in the Year of Our Lord One thousand eight hundred
and eleven Between Louis Rouget and Victor La Barrie of
the Island of Grenada Gentlemen of the one part and James
Smith and John Devereaux Lumsden of the same Island Carpen
ters of the other part Witne∫seth that the said Louis Rouget
and Victor La Barrie for and in Consideration of the sum of Nine
hundred pounds current money of Grenada aforesaid to them
the said Louis Rouget and Victor La Barrie in hand well and

truly 

(29)

Truly paid at or before the sealing delivery of these
presents the receipt whereof They the said Louis Rouget and Victor
La Barrie do hereby severally acknowledge and thereof and the upon?
and from every part and parcel thereof do acquit exonerate release
and forever discharge the said James Smith and John Devereaux
Lumsden their heirs Executors and administrators and every of them by
these presents Have and each of them Hath granted bargained
sold aliened released and confirmed and by these presents Do and
each of them Doth grant bargain sell alien release and confirm
unto the said James Smith and John Devereaux Lumsden in their
actual po∫se∫sion now being by virtue of a Bargain and Sale
to them thereof made for one whole Year by Indenture bearing
due the day next before the day of the date of these presents and by
for _____ the Statute made for transferring of uses into po∫se∫sion and to
their heirs and a∫signs All that lot piece or parcel of land situate
lying and being on the East side of the Carenage of the town of Saint George
in the said Island of Grenada and abutted and bounded as follows
that is to say, On the South by the lands of George Burn On the North
by the Water Lot of Richard Wise, On the East by the Kings Highway and
On the West by the Sea or Water of the Carenage or howsoever otherwise
the same is abutted bounded known or described together with
the Me∫suage tenements Buildings and erections thereon with
their and every of their Appurtenances And all ways paths
pa∫sages walls fences waters watercourses wharves woods piles _____
easements conveniences privileges profits emoluments commodities
advantages and hereditaments to the said lot piece or parcel of
land Me∫suages and Premises belonging or otherwise hold
used po∫se∫sed or enjoyed or occupied taken or _____ as part
parcel or member thereof and the reversion and reversions
remainder and remainders rents i∫sues and profits of all and
singular the said premises and every part and parcel _____ _____
with the appurtenances And also all the estate right title
interest property claim and demand whatsoever in Law or Equity
of them the said Louis Rouget and Victor La Barrie of in and to all
and singular the said premises above mentioned and of in and
to every part and parcel thereof with the appurtenance And
also all deeds evidences and writings touching concerning the
said

(30)

Said premises only or only any part thereof together with
true copies of all other deeds evidences and writings which do con
cern the said premises or any part thereof jointly with any other
lands or tenements now in the custody or po∫se∫sion of them the
said Louis Rouget and Victor La Barrie or which they can or may
get or come by without suit in Law or Equity the same _____ to be
made taken and written at the proper costs and charges of the
said James Smith and John Devereaux Lumsden their heirs
and a∫signs To have and To hold the said Lot Piece or Parcel of
land me∫suage and premises with the Appurtenances unto the
said James Smith and John Devereaux Lumsden their heirs
and a∫signs to the only proper use and behoof of the said James
Smith and John Devereaux Lumsden their heirs and a∫signs
forever as Tenants in Common and not as joint Tenants and to
and for no otherwise intent or purpose whatsoever And the said
Louis Rouget and Victor La Barrie each for them and their heirs
executors and administrators do and each of them doth covenant
grant promise and agree to and with the said James Smith
and John Devereaux Lumsden their and each their heirs and
a∫signs that they thesaid Louis Rouget and Victor La Barrie or
one of them now it or are the true lawful and rightful owners
or owner of all and singular the said lot piece or parcel of land
Me∫suages and Premises with the Appurtenances and every part
and parcel thereof And also that they the said Louis Rouget
and Victor La Barrie or one of them at the time of the sealing and
delivery of these presents is or are lawfully and rightfully
seized in his or their own right of a good sure perfect absolute
and indefecizible estate of inheritance in fee simple of and in
all and singular the said premises above mentioned with the
Apputenances without any manner of condition mortgage
limitation of use or uses or other matter cause or thing whatso
ever to alter change charge or determine the same And also
that they the said Louis Rouget and Victor La Barrie or one of
them have good right full power and lawful and absolute
authority in the Law to grant release convey and confirm all
and singular the said lot piece or parcel of land me∫suage
hereditaments above granted and released with the
appurtenances

(31)

Appurtenances unto the said James Smith and
John Devereaux Lumsden their heirs and a∫signs To the only proper
end and behoof of the said James Smith and John Devereaux Lumsden
their heirs and a∫signs for ever according to the true intent and
meaning of these presents And all that they the said James
Smith and John Devereaux Lumsden their heirs and a∫signs shall
and may at all times for ever hereafter peaceably and quietly
have hold occupy po∫se∫s and enjoy all and singular the same lot
piece or parcel of land me∫suage hereditaments and premises
aforesaid with the Appurtenances and every part and parcel
thereof without the lawful let suit trouble hindrance molestation
interruption eviction or disturbance of either of them the said
Louis Rouget and Victor La Barrie their heirs or a∫signs or of any
other person or persons lawfully claiming or to claim by from or
under them or either of them And that freed and discharged other
wise well and sufficiently secured kept harmle∫s and indemnified of from
and against all former and other gifts grants leases mortgages
jointures dowers uses wills into all recognizances extents judgements
executins rents and arrearaget? of rent and of and from all other
charges estates rights titles troubles and Incumbrances whatsoever _____
made committed done or suffered or to be freed made committed
doen or suffered by the said Louis Rouget and Victor La Barrie _____ _____
of them or either of their heirs or any other person or persons and _____
and their heirs lawfully claiming or to claim from or under them
or any of them And lastly that they the said Louis Rouget and
Victor La Barrie and their heirs and all and every other person and
persons and his and their heirs having or lawfully claiming
any estate right title or interest of in or to the said premises _____
in and by these present released and confirmed or any part
thereof by from or under them or any or either of them shall and will
from time to time and at all timers hereafter upon the reasonable
request and at the proper costs and charges in the Law of the
said James Smith and John Devereaux Lumsden their heirs or
a∫signs make do deal execute or cause and procure to be
made done sealed and executed all and every such further and
other lawful and reasonable act and acts thing and things
device and devices Conveyance and Conveyances a∫surance and
a∫surances

(32)

A∫surances in the Law whatsoever for the further
better and more perfect granting conveying releasing and con-
firming of all and singular the premises aforesaid with the
appurtenances and every part and parcel thereof unto the said
James Smith and John Devereaux Lumsden their heirs and a∫signs
To the only proper _____ and behoof of the said James Smith and John
Devereaux Lumsden their heirs and a∫signs for ever as aforesaid as by
the said James Smith and John Devereaux Lumsden their heirs or
a∫signs or their counsel learned in the Laws shall be reasonably
advised devised or required In witne∫s whereof the premises to
these presents have hereunto set their hands and seals the day and
Year first above written.
Louis (LS) Rouget Victor (LS) La Barrie
Sealed and Delivered in presence of
J. Westmorland Jn. Lu∫san

Received on the day of the date of the of the with Indenture of the
within named James Smith and John Devereaux Lumsden the sum
of Nine hundred pounds currency being the consideration within
mentioned to be paid by them to us. £900.. s0.. p0
LN Rouget Victor La Barrie
Witne∫s hereto J. Westmoreland Jn. Lu∫ans
Grenada
Acknowledge before me by Victor La Barrie 
Esquire one of the parties executing the within Indenture of Release 
as and for his free and voluntary act and deed this seventh day of 
July in the Year of Our Lord One thousand eight hundred and twenty 
four
Owsley Rowley
D. Reg
Grenada
Acknowledge before me by Louis Rouget 
the other part executing the within Indenture of Release as and 
for his free and voluntary Act and deed this sixteen _____ day of July 
in the year of Out Lord One thousand eight hundred and 
twenty four.
Owsley Rowley
D. Reg.

On to the next Indenture… and my organizational management of the work of my Transcription Project… all in the search for the roots and ancestry of my ggg-grandfather James Smith.

Enjoy,

Jim


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