Part 635s – Smith Robertson Genealogy – Trying To Discover the Genealogy of Benjamin D’Harriette Smith

29 January 2012

Good Day,

In the process of my research and search for the origins of my ggg-grandfather James Smith in Grenada, in and around the years 1750 through 1850, or thereabouts, I have come across a number of Smith individuals. And as Smith just happens to be the most common surname in the English language, this search is quite a task.

The past numbers of Indentures from the Grenada Registers of Records, from the early 1800s have been particular to one Benjamin D’Harriette Smith. Is there a familial connection to ggg-grandfather James? I don’t know…nor have I come up or stumbled upon any hint or clue that may provide some insight.


I decided to see if I could construct, that is, actually begin the assembly of a D'Harriette / Smith Descendant/Ancestry Chart. To date I have discovered some sourced and some non-cited material online. Please note that I have not found any specific data or information immediately pertinent to Benjamin D’Harriette Smith.

The individuals included in the construction of this Chart are those who I have found in my search online. They have been referenced to for the most part from books I have located through Google Books, Internet Archive.com, and from Ancestry.com. Please note that this is not necessarily completely sourced material or information. My simple logic is to identify and see if I can find the ancestry of Benjamin D’Harriette Smith. The information and data will be used a “stepping stone” to recognize and highlight a plausible relationship.

If you have any information regarding Benjamin D’Harriette Smith or if you have any comments or questions please free to contact me.

Stay tuned for my next transcription work of Item 4 of the microfilm FHL [1563378], a compilation of the Grenada Registers of Records. I note that the first Smith-related Document from Item 4 references Benjamin D’Harriette Smith.

Enjoy,

Jim
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Part 634s – Smith Robertson Genealogy – 1802 Benjamin D’Harriette Smith - St. George’s, Grenada – Last in Item 3

Good Day,

This is the continuation of my Transcription Project in the search for the genealogy and origins of my ggg-grandfather James Smith. And this is the last Smith-related Document in Item 3 of the Family History Library microfilm FHL [1563378].

The inserted image is of the file stacks of microfilms at the Family History Library.

This Document is comprised of Pages 474 through and including 477. There have been, from my discovery, 108 Smith-pages in the Grenada Registers of Records. These are manifestly labeled in the Index assuming that a Smith is one of the “To/From” Parties. This does not mean that there could be more mentions and inclusions of the name Smith, it just means that these are the Pages that are listed in the Index.

Here are the four images of Pages 474 through 477 as downloaded from Item 3 of the microfilm FHL [1563378].


And my transcription. This contract is between Benjamin D’Harriette Smith and James Park. Once again, I do no read any clue to a connection to ggg-grandfather James.


474

Examd

Entered 30th June 1802

This Indenture made the Seventeenth day of June in the Year of our Lord One thousand eight hundred and Two Between James Park of the Town of Saint George in the Island of Grenada Merchant of the one part and Benjamin D'Harriette Smith of the same Town and Island Merchant of the other Part Whereas the said James Park and Benjamin D'Harriette Smith at present stand seized and po∫se∫sed of in equal undivided Moities of a certain Lot of Land Buildings and Premises situate in the said Town of Saint George and Island of Grenada And Whereas said James Park hath contracted and agreed thesaid Benjamin D'Harriette Smith for the absolute purchase of his thesaid James Park’s undivided Moiety of the said Lot of Land and Premises (hereinafter particularly described) at and for the Price or sum of eight hundred and fifty Pounds Current Money of the said Island of Grenada Now therefore this Indenture Witne∫seth that for and in consideration of the said sum of Eight hundred and fifty Pounds Current Money as aforesaid in hand well and truly paid by the said Benjamin D'Harriett Smith unto the said James Park at or for the Sealing and delivery of these Presents the receipt whereof and of every part and parcel thereof he the said James Park doth ^ hereby acknowledge & _____ and thereof and therefrom and of and from every part the parcel thereof doth acquit release and discharge for ever thesaid Benjamin D’Harriette Smith is Heirs Executors Administrators and A∫signs each and every of them by these Presents He thesaid James Park Hath granted bargained sold aliened released and confirmed and by these Presents Doth grant bargain sell alien release and confirm unto thesaid Benjamin D'Harriette Smith (in his actual Po∫se∫sion now being by virtue of a Bargain and Sale to him thereof made by the said James Park for one whole Year by Indenture bearing date the day next before the day of the date of these Presents and by force of the Statute made for transferring Uses into Po∫se∫sion) and to his Heirs All is thesaid James Park’s one full undivided Mority or half part of and in All that Lot Piece or Parcel of Land situate lying and being in that part of the town of Saint George in thesaid Island of Grenada commonly called the Carenage contained in front to the South West forty-three feet and to the North West forty feet and in the whole One thousand seven hundred and twenty square feet be the same more or le∫s Bounded to the North East by Lands late belonging to Domingo Commi∫siong deceased to the North West by Lands belonging to the Heirs of Daniel Campbell and by a Pa∫sage leading to House of Mr. Robert Ker to the South East by lands of thesaid

Robert

475

Robert Ker and to the North West by a Pa∫sage or Lane leading to the Shipwrights Yard or howsoever otherwise the same Lot of Land is abutted or bounded together with a Moiety of all Me∫suages Houses and Outhouses thereupon erected and built And all ways Paths Pa∫sages Waters Watercourses Privileges Easements Advantages Hereditaments and Appurtenances to the said Moiety of the said Piece or Parcel of Land belonging or in any wise appertaining or therewith now or commonly used enjoyed or occupied reputed taken or known as part parcel or Member thereof or of any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits thereof and of every part and parcel thereof And also all the Estate Right Title Interest Property Claim and Demand whatsoever of him thesaid James Park of into or out of thesaid undivided Moiety of thesaid Piece or Parcel of Land Buildings and Premises And all Deeds Writings Surveys Grants and Muninents whatsoever in use Power or Custody touching or concerning the same To have and to Hold the said full undivided Moiety or half part of and in the said Lot Piece or parcel of Land Me∫suages Tenements Hereditaments and all and singular other the Premises hereby or mentioned or intended to be hereby granted and released and every of them with their and every of their Appur tenances unto the said Benjamin D’Harriette Smith his Heirs and A∫signs forever To the only proper Use and Behoof of thesaid Benjamin D’Harriette Smith his Heirs and A∫signs for ever, and to and for no other Use Intent or purpose whatsoever And the said James Park doth hereby for himself his Heirs Executors and Administrators covenant promise grant and agree to and with thesaid Benjamin D’Harriette Smith his Heirs and A∫signs in manner and form following that is to say That for and notwithstanding any Act Matter and Thing whatsoever by him thesaid James Park or by any Person or Persons lawfully Claiming or to claim by from or under or in Trust for him done committed or wittingly or willingly suffered to the contrary He thesaid James Park now is and standeth lawfully rightfully and absolutely seized in his Demissue as of Fee of and in the said hereby or mentioned or intended to be hereby granted and released Moiety of the said Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with their Appurtenances of a good sure lawful absolute and undefeazible Estate of Inheritance in fee simple without any Reversion Remainder Trust Limitation Power of Revocation Use or Uses or any other matter _____ or thing whatsoever to alter change charge revoke make void le∫sen encumber or determine the same And also that he the said James Park for and notwithstanding any such Act Matter or thing as aforesaid hath in himself good right full Power and lawful and absolute Authority to grant release and convey thesaid undivided Moiety of the said Lot Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances unto and to the use of thesaid Benjamin D’Harriette Smith his Heirs and A∫signs for ever in manner aforesaid and attending to the purport true Intent and meaning of these Presents And further that it shall and may be lawful for the said Benjamin D’Harriette Smith his Heirs and A∫signs from time to time and at all times hereafter peaceably and quietly to enter into have hold occupy po∫se∫s and enjoy the said undivided Moiety of the said Lot Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances and to receive and take the Rents I∫sues and Profits thereof and of every Part thereof to and for his and their own Use and Benefit

without

476

Without the lawful Let Suit Trouble Denial Eviction or Interruption of or by him thesaid James Park his Heirs or A∫signs or of or by any persons or persona lawfully claiming or to claim any Estate Right Title Trust or Interest at Law or in Equity of into out of the said Moiety of the said Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances or any part thereof by from under or in trust for him them or any of them And that free and clear and freely and clearly acquitted exonerated and discharges or otherwise by the said James Park his Heirs Executors and Administrators (as some or one of them well and sufficiently saved defended kept harmle∫s and indemnified of from and against all and all manner of former and other Gifts Grants Bargains Sales Leases Mortgages Jointures Dowers Settlements Contracts Uses Trusts Wills Entails Seizures Deeds Annuities Writings Obligatory Statutes Recognizances Judgments Extents Executions Rents Arrears of Rent and of from and against all and singular other Estates Titles Troubles Charges and Incumbrances whatsoever had made done committed occasioned entered into acknowledged or suffered or to be had made done committed occasioned entered into acknowledged or suffered by the said James Park his Heirs or A∫signs or by any other Person or Persons lawfully claiming or to claim by from under or in Trust for him Them or any of them or from by or under his their or any of their Act Means A∫sent Consent or Procurement And moreover that he thesaid James Park and his Heirs and all and every other Person or Persons having or lawfully claiming or who shall or may have or lawfully claim any Estate Right Title Use Trust or Interest at Law or in Equity of unto or out of the said hereby or mentioned or intended to be hereby granted and released undivided Moiety of the said Lot Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises or any part thereof from by under or in Trust for him or them shall and will from time to time and at all times hereafter upon every reasonable request and at the proper Cost and Charges in the Law of him thesaid Benjamin D’Harriette Smith his Heirs and A∫signs make do execute and acknowledge or cause or procure to be made done executed and acknowledged all such further and other lawful and reasonable Acts Deeds Conveyances and A∫surances in the Law whatsoever for the further better more perfect and absolute granting conveying and a∫suring of the said undivided Moiety of the said Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances unto and to the use of the said Benjamin D’Harriette Smith his Heirs and A∫signs for ever in manner aforesaid as by thesaid Benjamin D’Harriette Smith his Heirs or A∫signs or his or their Counsel learned in the Law shall be reasonably advised devised and required In Witne∫s whereof thesaid Parties to these Presents have hereunto set their hands and Seals the day and Year first above written

James Park ( L S ) Benja: D. Smith ( L S )

Sealed and delivered In the presence of M. Nowlan # Archd Armstrong

Received on the day of the date of the within Indenture of and from the within named Benjamin D’Harriette Smith the sum of Eight hundred and fifty Pounds Current

Money 

477

Money of Grenada being the Consideration Money with mentioned to be by him paid to me I say received the same £850.0.0 Cy

James Park
Witne∫s M. Nowlan # Archd. Armstrong

Grenada Acknowledge before me by the within named James Park and Benjamin D’Harriette Smith the Parties to the within Indenture as and for their respective free and voluntary Act and Deed this twenty eighth day of June One thousand and Eight hundred and Two

GH Horsley
Dep Register

Done…and now on to Item 4 of FHL [1563378]. And it is time for me to update my Matrices.

Stay tuned and enjoy,

Jim
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Part 633s – Smith Robertson Genealogy – 1802 Benjamin D’Harriette Smith - St. George’s, Grenada – Next to Shipwright’s Yard

27 January 2012

Good Day,

Today’s entry of my Smith-related Transcription Project is a short Indenture from the Grenada Registers of Records. This Indenture was dated 16 June 1802; presented and approved 28 June 1802; and entered to the Registers of Records 30 June 1802. This record is another Document of the Benjamin D'Harriette Smith and James Park agreement that appears to be a part of the series of Records that I have recently presented. (See my previous Postings Parts 629s, 630s, 631s, and 632s.)

As per usual, I am looking for a hint that may present some evidence that I could follow regarding the genealogy and origins of my ggg-grandfather James Smith. In this Document there is no direct confirmation that there may be a connection between my ggg-grandfather James and one of the Parties, Benjamin D’Harriette Smith. But…

Transcribing and reading the Document there is a phrase on Page 473 that catches my eye. The phrase is “…to the North West by a Pa∫sage or Lane leading to the Shipwrights Yard…” Previously in Part 60s from the Indenture written 15 May 1841 there is a definitive reference to ggg-grandfather James and his occupation and business as a Shipwright: “Witnessed that they the said James Niccol John Mortimer and James Smith should and would continue and be Copartners in the trade or business of ShipWrights to commerce…” (See also my matrix analysis – GGG-Grandfather James Smith’s Occupation Titles.)

Here is my question. In 1802, when the above mentioned Indenture was written, how many Shipwrights’ Yards were there in the Town of Saint George, Grenada? Could ggg-grandfather have had any working relationship in 1802, 39 years before the reference in the 15 May 1841 Indenture, in this Shipwrights’ Yard? Could this be the same ShipWrights’ Yard? How well, if he did, did ggg-grandfather James Smith know Benjamin D’Harriette Smith? Was there any other connection?

Here are the images of the Indenture Pages 473 and 474 from the Grenada Registers of Records. I have downloaded the Pages from Item 3 of the microfilm FHL [1563378].


And my transcription –


473

Examd
Entered 30th June 1802

This Indenture made the sixteenth day of June in the Year of Our Lord One thousand Eight hundred and Two Between James Park of the Town of Saint George in the Island of Grenada Merchant of the one Part and Benjamin D’Harriette Smith of the same Town and Island Merchant of the other Part Witne∫seth that the said James Park for and in consideration of the sum of ten shillings Current Money of the said Island to him in hand paid by the said Benjamin D'Harriette Smith at or before the Sealing and Delivery of these Presents the receipt whereof he doth hereby acknowledge Hath bargained and sold and by these Presents Doth bargain and sell unto the said Benjamin D'Harriette Smith his Executors Administrators and A∫signs All his the said James Park’s one full individual Mority or half part of and in All that Lot Piece or Parcel of Land situate lying and being in that part of the Town of Saint George in the said Island of Grenada commonly called the Carenage containing in front to the South West forty three feet and to the North West forty feet and in the whole One thousand seven hundred and twenty square feet be the same more or le∫s; Bounded to the North East by Lands late belonging to Domingo Commi∫siong deceased to the North West by Lands belonging to the Heirs of Daniel Campbell and by a pa∫sage leading to the House of Mr. Robert Ker; to the South East by Lands of thesaid Robert Ker and to the North West by a Pa∫sage or Lane leading to the Shipwrights Yard; or howsoever otherwise the same Lot of Land is abutted or bounded together with a Mority of all Me∫suages Houses and Outhouses thereupon erected and built And all ways paths pa∫sages Waters Water courses privileges Easements Advantages Hereditaments and Appurtenances to the said Mority of the said Piece or Parcel of Land belonging or in anywise appertaining or therewith now or commonly used enjoyed or occupied reputed had taken or known as part parcel or member thereof or of any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits thereof and of every part and parcel thereof To Have and to Hold thesaid full undivided Mority or half part of thesaid Piece or Parcel of Land Me∫suages Tenements Hereditaments and all and singular other the Premises hereby or mentioned or intended to be hereby bargained and sold and every of them with their and every of their Appurtenances unto thesaid Benjamin D’Harriette Smith his Executors Administrators and A∫signs for and during and unto the full end and term of one whole Year from henceforth next ensuing and fully to be compleat and ended Yielding and Paying therefore unto thesaid Benjamin D’Harriette Smith his Heirs and A∫signs at the end of the said term the rent of One Pepper Corn if the same shall be lawfully demanded to the intent that by virtue of these Presents and of the Statute for transferring Uses into Po∫se∫sion thesaid Benjamin D’Harriette Smith may be in the actual Po∫se∫sion of all and singular thesaid one undivided Mority or half part of the said Piece or Parcel of Land Me∫suages Tenements Hereditaments and Premises with the Appurtenances and be thereby enabled to take and accept of a Grant and Release of the Reversion and Inheritance thereof to him thesaid Benjamin D’Harriette and his Heirs to the only proper Use and Behoof of the said Benjamin D’Harriette Smith his Heirs and A∫signs for ever and to and for no other use intent or purpose whatsoever In Witne∫s whereof thesaid Parties xx xxxxxxxxxxxxxxx have hereunto set their hands and Seals the day and Year first above written

James Park ( L S ) Benja: DSmith ( L S )

474

Sealed and Delivered in the Presence of M. Nowlan – Archd. Armstrong

Received on the day of the date of the above Indenture of and from the above named Benjamin D’Harriette Smith the Sum of Ten shillings Current Money of the Island of Grenada being the Consideration Money above mentioned to be by him paid to me I say received 10∫ Cy

James Park

Witne∫s M. Nowlan # Archd. Armstrong

Grenada Acknowledged before me by the within named James Park and Benjamin D’Harriette Smith the Parties to the within Indenture as and for their respective free and voluntary Act and Deed this twenty eighth day of June One thousand eight hundred and two

GH Horsley Dep Register


Definition – Mority: also Moiety – Each of two parts into which a thing is or can be divided.

And the search continues.

Please feel to contact me if you have any ideas, comments, or questions.

Enjoy,

Jim
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Part 632s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith - St. George’s, Grenada – 1,000 Years

26 January 2012

Good Day,

The search continues. This is my Genealogy Transcription Project. I am looking for any hint and clue that may proffer me with a lead to the ancestry and genealogy, as well as the origins, of my ggg-grandfather James Smith. I would like to discover from where my Smith line arrived in Grenada.

This Transcription Project is my effort to transcribe, while reading as many as possible Smith-related Documents and Indentures that have been collected in the Grenada Registers of Records. The earliest set on record begins approximately in the year 1764. The Family History Library in Salt Lake City has 33 16mm microfilms that include Records of the years 1764 through and about 1931.

This is my task. It is self-imposed and all-things-being-equal I will find that iota of a hint that will answer the question of the origins of my Smith Line. To date I have been working on this Transcription Project for about two years... and I will continue.

Here is the next Indenture from the Grenada Registers of Records, which is an additional Record regarding the Benjamin D’Harriette Smith, James Park and Robert and Elizabeth Ker contract. Here are the images of Pages 470, 471, and 472 as downloaded from Item 3 of the microfilm FHL [1563378].



Sorry to say, this Smith Indenture does not have any apparent lead to the genealogy of ggg-grandfather James.

And my transcription –

470
Examd
Entered 30th June 1802

This Indenture made the seventeenth day of June in the Year of Our Lord One thousand Eight hundred and two Between James Park and Benjamin D’Harriette Smith of the Town of Saint George in the Island of Grenada Merchants of the one Part and Robert Ker of the same Town and Island Merchant of the other Part Whereas by a certain Indenture of Demise bearing date the first day of September in the Year of Our Lord One thousand seven hundred and ninety eight and made between thesaid Robert Ker and Elizabeth his Wife of the one Part and thesaid James Park and Benjamin D’Harriette Smith of the other Part \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ the said Robert Ker and Elizabeth his Wife for and in consideration of the sum of Four thousand Pounds Current Money of the said Island of Grenada to thesaid Robert Ker I hand paid by the said James Park and Benjamin D’Harriette Smith Did demure grant and to Farm let unto thesaid James Park and Benjamin D’Harriette Smith their Executors Administrators and A∫signs All that certain Lot of Land situate lying and being in that part of the Town of Saint George commonly called the Carenage beginning as delineated on a Diagram there at A and running South thirty Degrees East sixty five feet to B from thence South forty seven degrees and a half eighty five feet to C the boundary line of the

Harbour

471

Harbour and then along the said Line of the Harbour North thirty seven Degrees and forty four Minutes East fifty seven feet six Inches to Pile No. 5 then North twenty five Degrees and three quarters East twenty five feet five inches to D and then North forty two Degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North fifty two degrees West forty four feet to G then South forty four Degrees and one quarter West Elven feet to A the place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commmi∫siong and on the North and West partly by Land of Me∫sieurs Park and Smith by a common Pa∫sage and Scott Street Reserving thereout neverthele∫s for the mutual use of the said Parties to these Presents a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the said Robert Ker’s House straight through to the Street leading to Scott Street aforesaid together with the Buildings and Improvements thereon or on any part thereof erected standing or being And all ways Paths Pa∫sages Easements Profits Commodities Advantages Emoluments and Hereditaments whatsoever to the same belonging or in any wise appertaining or which to and with the same then were or at any time or times theretofore had been held used occupied accepted reputed taken or known as Part Parcel or member thereof or any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits of all and singular thesaid Premises and every part and parcel thereof with the Appurtenances And also all the Estate Right Title Interest Property Claim and Demand whatsoever in Law or in Equity of them thesaid Robert Ker and Elizabeth his Wife ofin and to all singular thesaid Premises with the Appurtenances to have and to hold thesaid Lot Piece or Parcel of Land Buildings and Premises with Appurtenances unto the said James Park and Benjamin D’Harriette Smith their Executors Administrators and A∫signs from the day of the date thereof unto the full End and Term of One thousand Years from thence next ensuring and fully to be compleat and ended Yielding and paying therefore yearly and every Year during the continuance of the said Form the rent of One Pepper Corn Subject neverthle∫s to a Proviso or Condition for making the same void on Payment of the said sum of four thousand Pounds Current Money of Grenada aforesaid with Interest at the times and in way and manner therein particularly mentioned And Whereas thesaid Robert Ker hath since paid to thesaid James Park and Benjamin D’Harriette Smith the said principal sum of four thousand Pounds Current Money as aforesaid together with all Interest due thereon and hath requested thesaid James Park and Benjamin D’Harriette Smith to execute a Surrender of the said Mortgage which they have consented to do Now this Indenture Witne∫seth that for and in consideration of the said sum of four thousand Pounds Current Money as aforesaid and all Interest due thereon so paid by the said Robert Ker to thesaid James Park and Benjamin D’Harriette Smith in full satisfaction and discharged of the hereinbefore recited Indenture of Demise of the Receipt whereof thesaid James Park and Benjamin D’Harriette Smith Do and each of them Doth hereby acknowledge and thereof acquit release and discharge thesaid Robert Ker his

Heirs

472

Heirs Executors and Administrators and every of them for ever by these Presents They thesaid James Park and Benjamin D’Harriette Smith Have and each of them Hath surrendered and a∫signed and by these Presents Do and each of them Doth absolutely surrender and a∫sign unto the said Robert Ker his Executors Administrators and A∫signs All that the herein before mentioned Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances which in and by thesaid recited Indenture were granted and demised to the said James Park and Benjamin D’Harriette Smith their Executors Administrators and A∫signs for the Term of One thousand Years And all the Estate Right Title Interest Term of Years Property Claim and Demand whatsoever either at Law or in Equity of them thesaid James Park and Benjamin D’Harriette Smith or either of them of in or to the herein before mentioned and hereby a∫signed {remises or any part or parcel thereof by virtue of thesaid recited Indenture or otherwise together with thesaid Indenture and all such and other Deeds Evidences and Writings as they thesaid James Park and Benjamin D’Harriette Smith have in their Hands or Power relating to the Title of thesaid Premises To the Intent that thesaid Term of One thousand Years may no longer have any continuance or Subsistence, but may be for ever merged and extinguished in the Reversion of the said Premises and may be no ways made use of to the prejudice disadvantage or interruption of any other Uses Trusts Tenures or Estates already or hereafter to be limited expre∫sed or declared of an concerning thesaid Hereditaments and Premises: And thesaid James Park and Benjamin D’Harriette Smith Do and each of them for himself his Heirs Executors and Administrators Doth hereby covenant promise and agree to and with thesaid Robert Ker his Executors Administrators and A∫signs that they the said James Park and Benjamin D’Harriette Smith have not nor hath either of them at any time made done committed or wittingly or willingly suffered any Act matter Deed or thing whatsoever whereby or by whereof thesaid Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances or thesaid Lot Piece or Parcel of Land Buildings and Premises with the Appurtenances or thesaid Term of One thousand Years to them demised or the residue thereof is are or shall or may be in any ways charged impeached or incumbered in title charge Estate or otherwise howsoever In Witne∫s whereof thesaid James Park and Benjamin D’Harriette Smith have hereunto set their hands and Seals the day and Year first above written

James Park ( L S ) Benja: D. Smith ( L S )

Sealed and Delivered In the Presence of M. Nowlan. Archd. Armstrong

Received on the day of the date of the above Indenture of and from the above named Robert Ker the Sum of Four thousand Pounds Current Money of Grenada together with all Interest due thereon being the full Consideration Money mentioned in the said Indenture to be by him paid to us We say received the same

James Park
Benja: D. Smith

Witne∫s
M. Nowlan Archd. Armstrong

Grenada Acknowledged before me by the within named James Park and Benjamin D’Harriette Smith the Parties to the within Indenture as and for their respective free and voluntary Act and Deed this twenty eighth day of June One thousand Eight hundred and Two

GH Horsley
Dept Register

And I continue…

Enjoy,

Jim
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Part 631s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith - St. George’s, Grenada - £4000.0.0

24 January 2012

Good Day,

And the search goes on. This is my Trek and search, and my Transcription Project, in my research of the times and lives of those Smiths in Grenada who may or may not have had a connection to my ggg-grandfather James Smith.

GGG stands for Great-Great-Great. All-things-being-equal this is the approximate time period and definitely the location, the Island of Grenada, where I hope to find some clue, hint, or shred of evidence to ggg-grandfather James’ ancestry and genealogy.



I have discovered some references and text regarding the may or may not lead to the possible discovery of Benjamin D’Harriette Smith’s genealogy. Stay-tuned.

My next Document dated 31 August 1798 and entered 30 June 1802 in the Grenada Registers of Records concern a land contract between Benjamin D’Harriette Smith, James Park, and Robert Ker.

Above are the images of Pages 467 through and including 470 as downloaded from Item 3 of the microfilm FHL [1563378].

And my Transcription –


467

Examd
Grenada
Entered 30th June 1802

This Indenture made the thirty first day of August in the year of our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney the said Benjamin D’Harriette Smith duly constituted and appointed of the One Part and Robert Ker of the said Island of Grenada Merchant of the other Part Whereas the said Benjamin D’Harriette Smith and James Park are seized and po∫se∫sed of in Fee Simple or otherwise well entitled to among other Premises All that certain Lot of Land situate lying and being in that part of the Town of Saint George commonly called the Carenage beginning as delineated on a Diagram thereof hereto annexed and referred to at A and running South thirty degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the boundary line of the Harbour and then along the said line of the Harbour North thirty seven Degrees and forty four Minutes East fifty seven feet six inches to Pile No. 5 then North twenty five Degrees and three quarters East twenty feet five Inches to D and then North forty two Degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one Quarter West Eleven feet to A the place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commis∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common pa∫sage and Scott Street Reserving thereout neverthele∫s for the mutual use of the said Parties Parties to these Presents a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of thesaid Robert Kers House straight through to the Street leading to Scott Street aforesaid as by the said Diagram more fully appears Together with the Buildings and Improvements thereon or on any Part or Parcel thereof

erected

468

Erected standing or being with the Appurtenances And Whereas thesaid Benjamin D’Harriette Smith and James Park have agreed to and with the said Robert Ker to sell and dispose of the same to him at and for the price or sum of Four thousand Pounds Current Money of the said Island of Grenada Now therefore this Indenture witne∫seth that thesaid Benjamin D’Harriette Smith and James Park for and in consideration of the said sum of Four thousand Pounds Current Money of Grenada aforesaid to them thesaid Benjamin D’Harriette Smith and James Park in hand well and truly paid at or before the ensealing and delivery of these Presents the Receipt whereof they the said Benjamin D’Harriette Smith and James Park Do and each of them Doth hereby acknowledge and thereof and therefrom and of and from every part and parcel thereof Do and each of them Doth hereby acquit release exonerate and for ever discharge thesaid Robert Ker his 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 Robert Ker (in his actual po∫se∫sion now being be virtue of a Bargain and Sale to him thereof made for one whole Year by Indenture bearing date the day next before the day of the date of these Presents And by force of the statute made for Transferring of uses into Po∫se∫sion) and to his Heirs and A∫signs All that contain Lot of Land hereinbefore particularly mentioned and described Together with all Houses Outhouses Edifices Buildings Ways Paths Pa∫sages Easements Profits Commodities Advantages Emoluments and Hereditaments whatsoever to the same belonging or in any wise appertaining or which to and with the same now are or at any time or times heretofore have been held used occupied accepted reputed taken or known as part parcel or member thereof or any part thereof And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits of all and singular thesaid Premises and every part and Parcel thereof with the Appurtenances And also all the Estate Right Title Interest Property Claim and Demand whatsoever in Law or Equity of them thesaid Benjamin D’ Harriette Smith and James Park of in and to all and singular the said Premises above mentioned and of in and to every part Parcel thereof with the Appurtenances \\\\\\\\\\\\\\ \\\\\\\\\\\\\\\ ===================================================== =============================================================================================================================================================== And also all Deeds Evidences and Writings touching or concerning thesaid Premises only or only any part thereof Together with true Copies of all other Deeds Evidences and Writings which do concern the said Premises or any Part thereof jointly with any other Lands or Tenements now in the custody or Po∫se∫sion of them thesaid Benjamin D’Harriette Smith and James Park or which they can or may get or come by without suit in Law or Equity the same Copies to be made taken and written at the proper Costs and Charges of thesaid Robert Ker his Heirs and A∫signs To Have and to hold all and singular thesaid Lot of Land herein before particularly mentioned and described And all Houses Outhouses Edifices and Buildings above in and by these Presents released and confirmed Reserving thereout neverthele∫s the twelve feet for a common Pa∫age herein before particularly mentioned

and 

469

And set forth in the Diagram as aforesaid and every part and Parcel thereof with the Appurtenances unto thesaid Robert Ker his Heirs and A∫signs To the only proper use and behoof of thesaid Robert Ker his Heirs and A∫signs for ever and to and for no other use intent or purpose whatsoever And the said Benjamin D’Harriette Smith and James Park for themselves their Heirs Executors and Administrators do covenant promise grant and agree to and with thesaid Robert Ker his Heirs and A∫signs that they thesaid Benjamin D’Harriette Smith and James Park now are the true lawful and rightful Owners of all and singular the Lot of Land Tenements and Buildings above mentioned and of every Part and Parcel thereof with the Appurtenances And also that they the said Benjamin D’Harriette Smith and James Part at the time of the sealing and Delivery of these Presents are lawfully and rightfully seized in their own right of a good sure perfect absolute and undefeasible Estate of Inheritance in Fee Simple of and in all and singular thesaid Premises above mentioned with the Appurtenances without any manner of Condition Mortgage Limitation of use or uses or other Matter Cause or Thing whatsoever to alter change charge or determine the same And also that thesaid Benjamin D’Harriette Smith and James Park have good right full Power and sufficient Authority in the law to grant release ^convey and confirm all and singular the said Lot of Land Buildings and Premises above granted and released with the Appurtenances unto thesaid Robert Ker his Heirs and A∫signs to the only proper use and behoof of the said Robert Ker his Heirs and A∫signs for ever according to the true intent and meaning of these Presents And also that he the said Robert Ker his 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 thesaid Lot of Land Buildings 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 them thesaid Benjamin D’Harriette Smith and James Park their Heirs or A∫signs or of any other Person or Persons lawfully Claiming or to Claim by from or under them any or either of them And that freed and discharged otherwise well and sufficiently saved kept harmle∫s and indemnified of from and against all former and other Gifts Grants Leases Mortgages Jointures Dowers Uses Wells Entails Americaments Bonds Annuities Writings Obligatory Extents Judgments Executions Rent and Arrearages of Rent and of and from all other Charges Estates Rights Titles Troubles and Incumbrances whatsoever had made committed done or suffered to be had made committed done or suffered by the aid Benjamin D’Harriette Smith and James Park or their Heirs or any other Person or Persons lawfully claiming or to claim by from or under them any or either of them And further that they thesaid Benjamin D’ Harriette Smith and James Park 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 above in and by these Presents released and confirmed or any part thereof by from or under them any or either of them shall and will from time to time and at all times here after upon the reasonable request and at the proper Costs and Charges in the Law

of 

470

Of the said Robert Ker his Heirs and A∫signs make do seal and execute or casue or Procure to be made done sealed and executed aall and every such further and other lawful and reasonable Act and Acts Things Device and Devices Conveyance and Conveyance A∫surance and A∫surances in the Law whatsoever for the further better and more perfect granting conveying releasing confirming and a∫suring of all and singular the Premises aforesaid with the Appurtenances and every part and parcel thereof unto the said Robert Ker his Heirs and A∫signs to the only proper use and behoof of the said Robert Ker his Heirs and A∫signs for ever as aforesaid as by the said Robert Ker his Heirs or A∫signs or his or their Counsel learned in the Law shall be reasonably advised devised or required In Witne∫s whereof the said Parties to these Presents have hereunto subscribed and set their Hands and Seals the day and Year first above within written

Benja: D’Harriette Smith ( L S )
James Park by his Attorney ( L S )
Benja: D’Harriette Smith

Sealed and delivered in the presence of
Jas Ro∫s M. Nowlan

Grenada
Received on the day of the date of the within written Indenture of and from the therein named Robert Ker the sum of Four thousand Pounds Current Money of the Island of Grenada aforesaid being the full Consideration Money within mentioned to be paid to us
We say received

Benja: D’Harriette Smith
James Park by his Attorney
Benja: D’Harriette Smith

Grenada
Acknowledged before me by the within named James Park and Benjamin D Harriette Smith the Parties to the within Indenture as and for their respective free and voluntary Act and Deed this twenty eighth day of June One thousand eight hundred and Two

GH Horsley Dep Register

Forging forward with my search, the next Document begins on Page 470.

Enjoy,

Jim
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Part 630s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith - St. George’s, Grenada

23 January 2012

Good Day,

This is the “One Pepper Corn” Document following up on the Benjamin D'Harriette Smith contract as introduced in Part 629s. In my search for the genealogy and origins of my ggg-grandfather James Smith I am trying not to leave any “stone” or even “pepper corn” unturned.

The inserted image is of The Carnage (The Harbour), St. George's, Grenada, from Caribbean Photo Archive.

In this case of this contract/document from the Grenada Registers of Records “A peppercorn in legal parlance is a metaphor for a very small payment, a nominal consideration, used to satisfy the requirements for the creation of a legal contract. Consideration is the concept of legal value in connection with contracts. It is anything of value promised to another when making a contract. It can take the form of money, physical objects, services, promised actions, abstinence from a future action, and much more.” (From Wikipedia)

Here are the pages 466 through and including 467 from the Grenada Registers of Records. I have downloaded the images from Item 3 of the microfilm [1563378].


My Transcription –


466

Examd
Grenada
Entered 30th June 1802

This Indenture made the thirtieth day of August in the year of Our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney the said Benjamin D’Harriette Smith duly constituted and appointed of the one Part and Robert Ker of the said Island of Grenada Merchant of the other Part Witne∫seth that the said Benjamin D’Harriette Smith and James Park for and in consider ation of the sum of five ∫hillings Current Money of the Island of Grenada aforesaid to them in hand paid by the said Robert Ker at or before the ensealing and delivery of these Presents the Receipt whereof is hereby acknowledged Have and each of them Hath granted bargained and sold and by these Presents Do and each of them Doth grant bargain and sell unto thesaid Robert Ker his Executors Administrators and A∫signs All that certain Lot of Land situate lying and being in that part of the Town of Saint George’s commonly called the Carenage beginning as delineated on a Diagram thereof at A and running South thirty Degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the Boundary line of the Harbour and then along thesaid line of the Harbour North thirty seven Degrees and forty two minutes East fifty seven feet six inches to Pile No. 5 then North twenty five Degrees and three quarters East twenty feet five Inches to D and then North forty two Degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one quarter West eleven feet to A the place of beginning bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commi∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common Pa∫sage and Scott Street Reserving thereout Neverthele∫s for the mutual use of the said Parties to these Presents a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the Robert Ker’s House straight through to the street leading to Scott Street aforesaid Together with the Buildings and Improvements thereon or on any Part thereof erected standing or being And the Reversion and Reversions Remainder and Remainders Rents I∫sues and Profits of the Premises above mentioned with their and every of their appurtenances To have and To hold the said Piece or Parcel of Land with the Buildings and Improvements thereon or on any Part thereof Hereditaments and Premises above mentioned and every part and parcel thereof with their and every of their appurtenances unto thesaid Robert Ket his Executors Administrators and A∫signs from the Day next before the day of the date of these Presents for and during and unto the full said and Term of one whole Year from thence next ensuing and fully to be complete and ended Yielding and Paying therefor at the expiration of thesaid year One Pepper Corn if the same shall be lawfully demanded To the intent that by virtue of these Presents And of the statute made for transferring of Uses into Po∫se∫sion he the said Robert Ker may be in the actual Po∫se∫sion of all and singular the Premises above mentioned with the appurtenances And thereby be enabled to accept and take a Grant and Release of the Reversion and Inheritance thereof to him and to his Heirs To the only proper use benefit and behoof of him thesaid Robert Ker his Heirs and A∫signs for ever as by a certain

Indenture

467

Indenture of Release and made between the same Parties as are Parties to these Presents and bearing date the day after the day of the date hereof shall be thereof declared In Witne∫s whereof the said Parties to these Presents have hereunto subscribed and set their Hands and Seals the day and year first above written within

Benja: D. Smith ( L S ) James Park of his Atty
Benja: D. Smith ( L S )

Sealed and Delivered in the presence of
Jas Ro∫s - M. Nowlan

Grenada – Received on the day of the Date of the above written Indenture of and from the herein named Robert Ker the sum of five ∫hillings Current Money of the Island of Grenada aforesaid being the full Consideration Money therein mentioned to be paid to us
Benja: D. Smith
James Park of his Attorney
Benja: D. Smith

We say received
Witne∫s Jas Ro∫s. M. Nowlan

Grenada

Acknowledged before me by the within named James Park and Benjamin D Harriette Smith the Parties to the within Indenture as and for their respective free and voluntary Act and Deed this twenty eighth day of June One thousand eight hundred and two

GH Horsley 
Dept Register

Next? Stay-tuned.

Enjoy,

Jim
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Part 629s – Smith Robertson Genealogy – 1798 Benjamin D’Harriette Smith and Gavin Smith - St. George’s, Grenada

22 January 2012

Good Day,

The search for the origins and ancestry of my ggg-grandfather James Smith continues.

The next Document from the Grenada Registers of Records span a time frame from 1798 to and about 1802. It is an Indenture of Agreement regarding a Lot of Land in the Town of St. George’s between Benjamin D’Harriette Smith and James Park and Robert Ker. The dimensions and layout of the property is pretty well spelled out in the Document and is contingent on the surveyed product of Gavin Smith.

Two Smiths, but no hint or clue as to any connection or relationship to ggg-grandfather James.

Here are the images of the Pages 462 through and including 465 from the Grenada Registers of Records and downloaded from Item 3 of the microfilm FHL [1563378].


My Transcription –


462

Exam

Grenada

Entered 30th June 1802

Articles of Agreement indented had made concluded and agreed upon this fourth day of April in the year of Our Lord One thousand seven hundred and ninety eight Between Benjamin D’Harriette Smith of the Island of Grenada Merchant and James Park at present in the Kingdom of Ireland Merchant by his Attorney thesaid Benjamin D’ Harriette Smith of the one part and Robert Ker of the said Island of Grenada Merchant of the other Part as follows Vizt First of all the said Benjamin D’Harriette Smith and James Park for and in consideration of the sum of four thousand Pounds Current Money of the said Island of Grenada to be paid as hereinafter is mentioned do hereby for themselves their Heirs Executors and Administrators and every of them covenant with thesaid Robert Ker his Executors and Administrators and every of them by these Presents That they the said Benjamin D’Harriette Smith and James Park their Heirs and A∫signs (and all and every other Person and Persons whatsoever claiming or to claim any Right Title or Interest under them or any other Person or Persons whatsoever of in or to the Premises hereafter mentioned) shall and will at the proper Costs and Charges of the said Robert Ker his Heirs and A∫signs on or before the first day of September next by such Conveyances A∫surances Ways and Means in the Law as he the said Robert Ker his Heirs or A∫signs or his or their Counsel learned in the Law shall reasonably devise advise or require well and sufficiently grant sell release convey and a∫sure to the said Robert Ker and his Heirs or to whom he or they shall appoint or direct All that Lot of Land situate in that part of the Town of Saint George commonly called the Carnage beginning as delineated on a Diagram thereof hereunto annexed and referred to at A and running South thirty Degrees East sixty five feet to B from thence South forty seven Degrees and a half eighty five feet to C the boundary line of the Harbour and then along the said Line of

the

463

The Harbour North thirty seven degrees and forty four Minutes East fifty seven feet six inches to Pile N. 5 then North twenty five Degrees and three quarters East twenty feet five inches to D and then North forty two degrees West ninety one feet to E then South forty eight Degrees West fifty two feet to F then North forty two West forty four feet to G then South forty four Degrees and one quarter West eleven feet to A the Place of beginning being bounded on the South and West by Land of Me∫sieurs Robert and Alexander Campbell on the South and East by the Harbour on the North and East by Land of Mr. Domingo Commi∫song and on the North and West partly by Land of Me∫sieurs Park and Smith a common Pa∫sage and Scott Street (Together with all the Buildings therein or on any part thereof erected) to by the said Diagram and fully appear Hath Covenants therein to be contained that the said Lot of Land and Buildings and Premises at the terms of such Conveyances is free from all Incumbrances and Demands whatsoever and all other fit and reasonable Covenants Secondly Thesaid Robert Ker in Consideration of the of the Premises for himself his Heirs Executors Administrators and A∫signs doth covenant to and with thesaid Benjamin D’Harriette Smith and James Park their Heirs Executors Administrators and A∫signs by these Presents that he the said Robert Ker his Heirs Executors and Administrators or some or one of them shall and will well and truly pay or cause to be paid to the said Benjamin D’Harriette Smith and James Part their Heirs Executors Administrators or A∫signs the aforesaid sum of four thousand Pounds Current Money of Grenada aforesaid in manner and form following that is to say the sums of One thousand three hundred and twenty Pounds like Current Money part thereof on the first day of August next the further sum of One thousand Pounds Pounds like Current Money the Part thereof on the first day of May which will be in the year of Our Lord One thousand seven hundred and ninety nine the further sum of One thousand Pounds like Current Money the first thereof on the first day of May which will be in the Year of Our Lord One thousand eight hundred and the remaining sum of six hundred and eight pounds like Current Money on the first day of May which will be in the year of Our Lord One thousand eight hundred and one making in the whole aforesaid sum of four thousand Pounds Current Money aforesaid without Interest Thirdly, It is hereby mutually agreed upon by and between the Parties to these Presents That in the Conveyance of the Land and Buildings hereby agreed upon and hereafter to be made there shall be _____ for the mutual use of the said Parties a common Pa∫sage of twelve feet as delineated in the Diagram before mentioned beginning from the Corner of the said Robert Ker’s House straight through to the Street Landing to Scott Street aforesaid Fourthly The Said Robert Ker (for himself his Heirs Executors and Administrators doth hereby covenant promise grant and agree to and with the said Benjamin D’Harriette Smith and James Park their Heirs and A∫signs That in their making and executing such Conveyance and A∫surance of the Premises and Buildings to him at the terms hereinbefore) mentioned for that purpose He the said Robert Ker shall and will in and form of Law seal and execute to thesaid Benjamin D’Harriette Smith and James Park their Executors Administrators or A∫signs

or 

464

Or to such Persons as they shall appoint a Mortgage or Security of all the said intended to be conveyed Premises and Buildings as aforesaid for the Term of One thousand Years or some long Term of Years for the securing to them the Payment of thesaid sum of four thousand Pounds Current Money aforesaid without Interest at the several and respective times and in manner hereinbefore particularly set forth Fifthly and Lastly – For the true and faithful performances of all and every the Covenants and Agreements aforesaid in these Presents contained each of the Parties here to doth hereby bind themselves their Heirs Executors Administrators and A∫signs respectively unto the other party their Heirs Executors Administrators and A∫signs in the Final sum of One thousand Pounds Current Money of the Island of Grenada aforesaid In Witne∫s whereof thesaid Parties to these Presents have hereunto Interchangeably submitted and set their Hands and Seals the Day and Year first above within written

Benja: D. Smith ( L S )
James Park his Atty ( L S )
Benja: D. Smith
Robert Ker ( L S )

Sealed and Delivered in the presence of

Walter Stott Jas Ro∫s

Saint George’s Grenada 19th April 1799. Received from Robert Kerr Esquire the sum of One thousand three hundred and twenty Pounds Currency being the first Installment due by the within written Agreement on the first day of August last

James Park by his Attorney
Benja: D. Smith
Benja: D. Smith

Witne∫s Jams Ro∫s

Grenada 3d Feby 1801 Recd. from Robert Ker – Ker Hy’s Bill of Exa. of this date on Hopkirk, Cunningham & Co. Glasgow 90 a/s for Two Hundred Pounds Sterling Exchange One hundred & Eighty two and one half _____ Cent

B. D. Smith

Grenada

Acknowledged before me by the above named Benjamin D’Harriette Smith and Robert Ker two of the Parties to the within Indenture of Agreement as and for their respective free and voluntary Act and Deed and also by thesaid Benjamin D’Harriette Smith as the Attorney in the name of and as and for the free and voluntary Act and Deed of James Park the other Party to the said Indenture this 28th June 1802

GH Horsley
Dept Register

465


Diagram of a lott of Land situate in that part of the town of St. George commonly called the Carenage beginning at A and running South thirty degrees east sixty five feet to B from thence South forty seven degrees and a half eighty five feet to C the Boundary line of the Harbour and then along the said line of the Harbour North thirty seven degrees and forty four minutes east fifty seven feet six inches to Pile N.5 then North twenty five Degrees and three quarters east twenty feet five Inches to D and then North forty two degrees West ninety one feet to E then South forty eight degrees West fifty two feet to F then North forty two west forty four to G then south forty four degrees and one greater West eleven feet to A the place of beginning being bounded on the South and West by Land of Me∫srs Robert and Alexr. Campbell on the South and East by the Harbour on the the North and East by Land of Mr. Dominngo Commi∫siong and on the North and west partly by land of Me∫srs Park and Smith a common pa∫sage and Scott Street as the Diagram more particularly represents Surveyed at the request of Robert Ker esquire March 1798.

Gavin Smith
S. L.?


I won’t give up. On to the next Document.

Enjoy,

Jim
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Part 628s – Smith Robertson Genealogy – 1801 Cecil Smith – Charlotte Town, Saint John, Grenada

20 January 2012

Good Day,

The swinging thermometer in Tampa is a brilliant complement to any schizophrenic mentality, albeit it is the environment of the bi-polar oscillation. Hell you begin to warm up one day, then the next you’re freezing. It is temperate, bright and sunny; next you can’t get enough blankets around you. It is the land, to the residents that is, of layered clothing. It can get a wee bit temperamental and frustrating. But we got sun.

And I sit at my PC and continue with my Transcription Project. I continue my search and research for the origins and genealogy of my ggg-grandfather James Smith.

The next Smith-related Document from the Grenada Registers of Records is one created 20 February 1801; signed 28 July 1801; and entered 28 August 1801. It appears to be a recording of a purchase of a lot of land on Depradines Street in Charlotte Town in the Parish of St. John in Grenada. Charlotte Town, today on map is the Town of Gouyave. The above inserted image is a cut-out from A New Plan of the Island of Grenada from The Original French Survey of Monsieur Pinnel; Taken in 763 by Order of Government, and now Publi∫hed with the Addition of Engli∫h Names, Alterations of Property and other Improvements to the Pre∫ent Year 1780: by Lieut! Daniel Paterson, A∫sistant to the Quarter Ma∫ster General of His Majesty’s Forces. London.

The principal Smith included in the Document is Cecil Smith. All-things-being-equal I can decipher any hint of connection between her and ggg-grandfather James Smith.

Here are the images of the two Pages 320 and 321 as from the Grenada Registers of Records as downloaded from the microfilm FHL [1563378].


My Transcription –


320

Xd

Entered 28th August 1801

This Indenture made the Twenty th day of February in the year of our Lord one thousand eight hundred and one Between John Hay of the Island of Grenada Practitioner in Physic and Surgery of the one part and Cecil Smith and Elizabeth Rough free coloured Women of the same Island of the other part Witne∫seth that for and in consideration of the sum of five Shillings Current Money of the said Island of Grenada to the said John Hay in hand well and truly paid by the said Cecil Smith and Elizabeth Rough at or before the ensealing and delivery of these Presents (the Receipt

whereof

321

Whereof is hereby acknowledged) Hath granted Bargained and sold and by these Presents Do grant bargain and sell unto the said Cecil Smith and Elizabeth Rough their Executors Administrators and A∫signs All that Lot Piece or Parcel of Land of him the said John Hay situate lying being in that part of the aforesaid Island of Grenada commonly called Charlotte Town containing in front to Depradine Street forty feet and running from thence to the Sea bounded to the East by the said Street to the North by Land late of André Gauvin and to the South by Lands late of Matthew Desbirdes or howsoever the same is otherwise abutted and bounded together with all the Buildings thereon erected standing and Built And also all Ways Paths Pa∫sages Lights Easements Waters Watercourses Privileges Profits Commodities Emoluments Advantages Hereditaments Rights Members and Appurtenances whatsoever to the same Lot or Parcel of Land Me∫suages Tenements and Premises belonging or in any wise appertaining or therewith most commonly held used occupied Po∫se∫sed or enjoyed or accepted reputed deemed taken or known as part parcel or _____ thereof And the Reversion and Reversions Remainder and Remainders Yearly and other Rents I∫sues and Profits thereof and of every part and Parcel thereof To have and To hold the said Lot or Parcel of Land Me∫suages Tenements Hereditaments and all and singular other the Premises hereinbefore mentioned or intended to be hereby bargained and sold and every of them with their Appurtenances unto the said Cecil Smith and Elizabeth Rough their Executors Administrators and A∫signs from the day next before the day of the date hereof for and during and unto the full End and Term of one whole Year from thence next ensuing and fully to be complete and ended Yielding and Paying therefore unto the said John Hay his Heirs and A∫signs the Yearly Rent of One Pepper Corn only at the Expiration of the said Term if the same shall be lawfully demanded To the intent and purpose that by virtue of these Presents and by force of the Statute for transferring of Uses into Po∫se∫sion the said Cecil Smith and Elizabeth Rough may be in the actual Po∫se∫sion of the said Lot or Parcel of Land Me∫suages Tenements Hereditaments and Premises hereby bargained and sold or mentioned or intended so to be and every of them with their Appurtenances and thereby be enabled to take a Grant and Release of the Freehold Reversion and Inheritance of the same Premises and of every Part and Parcel thereof unto the said Cecil Smith and Elizabeth Rough their Heirs and A∫signs To the only proper Use and Behoof of the said Cecil Smith and Elizabeth and of their Heirs and A∫signs forever by one Indenture already prepared intended to bear date the day next after the day of the date hereof and made between the same Parties as are as is to these Presents In Witne∫s whereof the Party first above named his Hand and Seals to these Presents how? set the say and year first above written

John ( L S ) Hay 

Sealed and delivered in the Presence of George Robert Penny - John Armstrong

Grenada

Acknowledged before me by John Hay Esquire the Party executing the within Indenture as and for his free and Voluntary Act and Deed this Twenty eighth day of July One thousand Eight hundred and One

Owsley Rowley Dep. Register

The next set of Pages include Page 462 through and including 465. Not quite sure at this juncture whether this set is the beginning few of a series concerning Benjamin D’Harriette Smith. Stay tuned.

Enjoy,

Jim
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Part 627s – Smith Robertson Genealogy – 1799 Robert Smith (Entered 1801) – Grand Roi and Mon Plaisir Estates, Saint John – Part 2 of 2

19 January 2012

Good Day,

I could become a Vegan, but under one condition. I would have to do without Tofurkey Sausages. Not matter what I did with them there sausages last night they still tasted like dead, soggy, and re-cycled cardboard. I fried them with onions and then simmered them in apple cider vinegar and chicken broth. I coupled the meal with a Delicata Squash, Apple, Potato, and Yogurt mash and a Green Pea salad with celery and onions. Give me NO Tofurkey. Mind and palate lesson learned.

The Transcription Project continues. The search for the origins of ggg-grandfather James Smith appears to be never-ending. Thanks to all of you who have been following A Genealogy Hunt and have been sending me ideas and suggestions. They are most welcome.

The next set of Transcriptions is the second Part, of two of the 1799 Document from the Grenada Registers of Records. The sole Smith included is Robert Smith. There are no explicit clues as to any connection to ggg-grandfather James. The above inserted image is something representational I found of The Consolidated Bank Limited. In the body of this Document there is reference to “…twenty thousand Pounds three per Cent Consolidated Bank Annuities Upon the Trusts following…

Here are the images of Pages 110 through and including 113 as downloaded Item 3 of the microfilm FHL [1563378].


And my Transcription -


110

A∫signed unto and in the joint Names of himself and the said Henry Poole and also Samuel Marryat of Chancery Lane London Esquire and Robert Smith of Basing hall Street London Gentleman (two responsible persons nominated by the said Joseph Marryat and Henry Poole) the Capital Sum of Twenty Thousand Pounds three per Cent Consolidated Bank Annuities upon the Trusts mentioned in the said Articles and the said Trustees have by a certain Deed or Instrument in Writing bearing ^even date with these Presents duly declared the Trusts thereof accordingly And whereas the said Henry Poole in Pursuance and performance of the said Agreement on his part hath at the Request of the said William Postlethwaite and Joseph Marryat by Indenture of A∫signment bearing even date with these Presents and made between the said Henry Poole of the one Part and thesaid Joseph Marryat of the other Part duly a∫signed All and singular the said two Plantations Buildings Negroes Slaves Live and dead Stock Utensils Implements and Premises comprised in the said Mortgage for the residue of the said three ^several? Terms therein and also thesaid Mortgage Debt and Interest and the said four unsatisfied Bonds given for securing the Payment thereof And all hi Estate Right Title and Interest as surviving Mortgagee and Partner as aforesaid of in and to the same respectively right full power and Authority for recovering Payment of the said Mortgage Debt and Interest unto the said Joseph Marryat his Executors Administrators and A∫signs Now this Indenture Witne∫seth and it is hereby declared and agreed by and between the said Parties to these Presents and the said Joseph Marryat doth hereby for himself his Heirs Executors and Administrators covenant promise declare and agree to and with the said William Postlethwaite his Executors Administrators and A∫signs that such A∫signment was so made to him and that he his Executors and Administrators shall and will stand po∫se∫sed of and interested in the said two Plantations Buildings Negroes Slaves live and dead Stock Utensils Implements and Premises and also the said Mortgage Debt and Interest and Bonds so a∫signed to him as aforesaid Upon the Trusts and to and for the Ends Intents and purposes hereinafter mentioned expre∫sed and declared of and concerning the same that is to say Upon Trust for better securing the Payment of the said Joseph Marryat his Executors Administrators and A∫signs of all such Sum and Sums of Money as he or they shall pay in discharge of his said Acceptances of the said ten several Bills of Exchange drawn on him by the said William Postlethwaite to the said Joseph Marryat his Executors or Administrators together with Interest thereon at and after the rate of five Pounds per Cent per annum And from and after Payment of all such Monies and Interest And all Costs and Charges in respect thereof Then upon Trust to convey a∫sign and a∫sure the said two several Plantations Buildings Negroes Slaves live and dead Stock Utensils Implements and Premises for the then residue of the said three several terms of one thousand Years Eight hundred Years and five hundred Years therein And also the said four unsatisfied Bonds or such of them as shall then be unpaid unto the said William Postlethwaite his Executors Administrators or A∫signs or as her or they shall direct or appoint (Subject neverthele∫s to such Redemption in Equity as the same Premises shall under and by virtue of the said Indenture of Demise or Mortgage of the fifth day of March one thousand seven hundred and eighty seven be then subject or liable to) free form all Incumbrances

to 

111

To be made or done by the said Joseph Marryat his Executors Administrators or A∫signs and to for and upon no other Use Trust Intent or Purpose whatsoever And the said William Postlethwaite doth hereby for himself his Heirs Executors and Administrators covenant Promise and Agree to and with the said Joseph Marryat his Executors Adminis trators and A∫signs that so long as the said Bills of Exchange or any or either of them shall remain outstanding and unprovided for by the said William Postlethwaite or any other monies due or to grow due from him to the said Joseph Marryatt shall be unpaid and undischarged he the said William Postlethwaite his Heirs Executors and Admõrs shall and will yearly and every year well and faithfully ship and consign or cause to be shipped and consigned unto the said Joseph Marryat his Executors Administrators or A∫signs in London or to such other person or persons in that City or elsewhere in Great Britain as he or they shall direct All and singular the Sugar and other Produce except Rum which shall grow or be made upon or from the said Plantations or Estates or either of them whereof or of the Rents I∫sues or Profits of which or of any part of which the said William Postlethwaite his Heirs Executors or Administrators shall be in the Po∫se∫sion or the Receipt And in case of his or their not being or not continuing in the Po∫se∫sion of the said William Postlethwaite his Heirs Executors or Admõrs shall and will yearly and every Year ship and consign or assure to be shipped and consigned in manner aforesaid a quantity of Sugar and other Produce from the said William Postlethewaite’s other Estates at Demerara in North America equal to the Produce of the said two Plantations and Estates except the Rum in order that the Sugar and other Produce so to be shipped and consigned may by the said Joseph Marryat his Executors Administrators or A∫signs be sold and disposed of upon Commi∫sion in the usual and customary manner of Merchants in London And that he the said William Postlethwaite his Heirs Exõrs Admõrs or A∫signs shall not nor will in any wise dog incumber or annex any conditions whatsoever to the said Consignments or any part thereof either by Bills of Exchange Transfer of Bills of Lading or otherwise howsoever but shall and will permit and suffer and direct the whole net proceeds of the said Joseph Marryat his Exõrs Admõrs or A∫signs to be by him or them kept and retained and from time to time as occasion may require duly applied in or towards satisfaction and discharge of the said Bills of Exchange when and as the same shall become payable and of all such other Monies as hereinbefore mentioned and the Interest thereof respectively until the whole of the said Bills and other Monies and Interest shall be fully paid and discharges And the said Joseph Marryat doth hereby for himself his Heirs Executors and Admõrs and A∫signs that he the said Joseph Marryat his Executors Admõrs and A∫signs shall and will according to the usage and custom of Merchants cause Insure to be duly made on all such Sugars as shall from time to time be shipped and consigned as hereinbefore mentioned according to the directions or advice he or they shall from time to rime receive form the said William Postlethwaite his Executors Admõrs or A∫signs or otherwise as occasion may be or require And also shall

and 

112

And will duly and faithfully sell and dispose of all and every the Sugars and other Produce so shipped and consigned as aforesaid and which shall come to his or their Po∫se∫sion to best advantage for the benefit of the said William Postlethwaite his Executors Admõrs and A∫signs and shall and will pay and apply the net proceeds of such Sugars when and as the same shall be by him or them received and also all monies which shall in cases of lo∫s be by him or them recovered and received upon or by virtue of any such Policy or Policies of Insurance as shall be effected by virtue of these Presents in or towards Payment of the said Bills of Exchange and other Monies and Interest hereinbefore mentioned And from and after full Payment thereof unto thesaid William Postlethwaite his Executors Administrators or A∫signs or as or they shall from time to time order direct and appoint And lastly that they thesaid Joseph Marryat and William Postlethwaite Do and each of them Doth hereby authorize constitute and impower Alexander Cockburn and John Orr both of the said Island of Grenada Esquires their and each of their Attornies and Attorney jointly and severally for and in their several and respective names to be and appear before the proper Officer or Officers for the recording of Deeds in the said Island of Grenada and then and there to acknowledge the respective signing sealing and delivery of these Presents by the said Joseph Marryat and William Postlethwaite and to do perform and execute all such other Acts Deeds Matters and Things as shall or may be requisite for procuring these Presents to be duly recorded according to the Law for recording of Deeds in the said Island of Grenada in Witne∫s whereof the said Parties to these Presents have hereunto set their Hands and Seals the Day and Year first above written

Sealed and delivered by the within named

Josp ( L S ) Marryat _________________ ( L S )

Joseph Marryat being first duly stamped) in the presence of

Robt Smith – Robt Wiltshire 

Sealed and delivered by the within named William Postlethwaite in the presence of Robert Wiltshire Clear to Robert Smith of Basinghall Street London Gentleman maketh Oath and saith that he together with the said Robert Smith was present and did see Joseph Marryat in the Parchment Writing or Deed of Declaration of Trust hereto annexed named duly sign seal and as his Act and Deed deliver the said Parchment Writing or Deed And that the Named “Josh Marryat” to the said Deed set and subscribed as the Party executing the same and the Names “Robt Smith” “Robt. Wiltshire” set and subscribed to the Attestation written on the back of the said Deed as Witne∫ses to attest the due Execution thereof by the said Joseph Marryat are of the respective proper handswriting of the said Joseph Marryat Robert Smith and this Deponent

Rob Wiltshire

Sworn at the Mansion House London this 10th January 1799 before me

RC Glyn Mayor

To all to whom these Present shall come I Sir Richard Carr Glyn Knight Lord Mayor of the City of London In pursuance of an Act of Parliament made and pa∫sed in the fifth Year of the Reign of his late Majesty King George the Second Intituled 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 Robert Wilshire the Deponent named in the Affidavit hereunto annexed being a Person well known and worthy of good Credit and by solemn Oath which the

said 

113

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

( L S )

In Faith and Testimony whereof I the said Lord Mayor have aused the seal of the Office of Mayoralty of the said City of London to be hereunto put and Affixed and the Parchment Writing or Deed or Declaration of Trust mentioned and referred to in and by the Affidavit to be hereunto also annexed Dated in London the tenth day of January in the Year of our Lord One thousand ∫even hundred and ninety nine

Windale


And I continue the search and research for ggg-grandfather James Smith.

Enjoy,

Jim
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Part 626s – Smith Robertson Genealogy – 1799 Robert Smith (Entered 1801) – Grand Roi and Mon Plaisir Estates, Saint John – Part 1 of 2

17 January 2012

Good Day,

In my continued sear and research for the origins and genealogy of my ggg-grandfather James Smith at times I chance upon a name, aka surname, that sort of catches my eye. And just before I go any further, this Document appears to be a followup to the previous one that only includes the name Robert Smith.

The name that has caught my eye is that of "Marryat". I wonder if it my have been an original format of the current name "Marriot"? Just thinking our loud. Anyway from A Genealogical and Heraldic History of the Colonial Gentry by Sir Bernard Burke, C.B. LL.D… Vol. II, edited by Ashworth P. Burke. London, 1895, I discovered information that more than likely is of the same Joseph and Samuel Marryat, which are names included in this Document.

Here are the first five Pages of the 1799 Document which appears to be a schedule of payment options and choices. The name Robert Smith appears as Legal Counsel. Once again there does not appear to be any immediate connection to ggg-grandfather James Smith.

Here are the images of Pages 105 through and including 109 as downloaded from the Grenada Registers of Records and Item 3 of the microfilm FHL [1563378].


My Transcription -

105

Entered 11th May 1801

This Indenture made the ninth day of January in the thirty ninth Year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith ₰. And in the Year of our Lord One thousand seven Hundred and ninety nine Between Joseph Marryat of New Bridge Street Blackfriars in the City of London Merchant of the one part and William Postlethwaite of the Island of Grenada in the West Indies Planter of the other part Whereas by Indenture of Demise or Mortgage bearing date the fifth day of March One thousand seven hundred and eighty seven and made or mentioned to be made between Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier by their several descriptions therein mentioned of the one Past and Thomas Harrison (since deceased) and Henry Poole (then Partners in Trade with the said Thomas Harrison) by their several descriptions therein also mentioned of the other Part After reciting as therein is recited A certain Plantation and Premises called Grand Roi situate in the said Island of Grenada together with the Negroes Slaves Cattle Live and Dead Stock Utensils and Implements thereto belonging with the Appurte nances were duly granted and demised by the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier unto the said Thomas Harrison and Henry Cole their Executors Admõrs and A∫signs for the term of One Thousand Years And by the same Indenture A Certain other Plantation and premises called Mont Plaisir situate in the said Island with the Negroes Slaves Cattle Live and Dead Stock Utensils and Implements thereto belonging with the Appurtenances were also duly granted and demised by the said Marie Madelaine Coulon Mariecheau unto the said Thomas Harrison and Henry Poole their Executors Admõrs and A∫signs for the term of Eight hundred Years And by the same Indenture certain Negro Slaves therein mentioned with the I∫sue and Increase of the Females of the said Slaves were duly granted and demised by the said Jean Baptiste Ollivier unto the said Thomas Harrison and Henry Poole their Executors Admõrs and A∫signs for the term of five hundred Years subject to a Proviso for making void the said Indenture on Payment by the said Marie Madelaine Coulon Mariescheau and Jean Baptiste Ollivier or either of their or either of their Heirs Executors or Admõrs unto the said Thomas Harrison and Henry Poole their Executors Admõrs of the sum of twenty

Thousand

106

Thousand Pounds of lawful Money of Great Britain with Interest for the same (and also of the sum of nine hundred and seventeen Pounds five ∫hillings being the balance of an Account Current therein mentioned) making in the whole both Principal and Interest the sum of twenty six thousand nine hundred and twenty six pounds five shillings by Eight yearly Instalments payable on the first day of September in each and every Year in manner therein mentioned And Whereas the said Marie Madelaine Coulon Mariecheau and Jean Baptist Ollivier did at the same time enter into and execute to the said Thomas Harrison and Henry Poole eight several Bonds or Obligations in Writing bearing date respectively the said fifth day of March one thousand seven hundred and eight seven for securing payment of the said several Instalments and Interest And Whereas the said Thomas Harrison departed this Life on or about the thirty first day of December one thousand seven hundred and ninety one having previously a∫signed his share and Interest in the said Monies to the said Henry Poole and having also fist duly made and published his last Will and Testament in Writing bearing date the sixteenth day of February one thousand seven hundred and ninety and thereby constituted and appointed the said Henry Poole together with James Clarke Satterthwaite Esquire Executors thereof which said Will hath since his Death been duly proved by the said Henry Poole alone in the Prerogative Court of the Archbishop of Canterbury And Whereas the dour first of the said Yearly Instalments were paid and discharged by the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier and the four Bonds corresponding with such Instalments were delivered up to be cancelled but the four last of such Instalments not being paid thesaid Henry Poole in or about the Month of December one thousand seven hundred and eight five made up an Account of the Principal Money and Interest then due on the said Mortgage and unsatisfied Bonds whereby it appears that there was then justly due and owing to the said Henry Poole as surviving Mortgagee and Partner as aforesaid from the said Marie Madelaine Coulon Mariecheau and Jean Baptiste Ollivier the sum of fourteen thousand and thirty one Pounds ten ∫hillings and eight pence of lawful Money of Great Britain And Whereas the said Henry Poole as such surviving Mortgagee and Partner as aforesaid in or about the said Month of December One thousand seven hundred and ninety five duly executed a Power of Attorney to Edmund Thornton Duncan Campbell and John Orr of the said Island of Grenada Esquires thereby authorizing them to institute such proceedings at Law and in Equity as might be proper for settling the said Mortgage Account and for recovering the Payment thereof out of the said Mortgaged Premises and certain proceedings have been since had thereon accordingly and the same are now depending in the Courts of the said Island And Whereas thesaid William Postlethwaite previously to the Institution of such proceedings entered into Po∫se∫sion of the said Plantation and Premises called Grand Rio and then was and still is in the receipt of the receipt of the Rents Profits and Produce thereof And Whereas by certain Articles of Agreement bearind date the twentieth day of July one thousand seven hundred and ninety eight and made or mentioned to be made between the said Henry Poole of the first part the said William Postlethwaite of the second part and the said Joseph Marryat of the third part After

reciting


107


Reciting as or to the effect hereinbefore recited And reciting that the said William Postlethwaite had through the said Joseph Marryat made proposals to the said Henry Poole for paying off the said Mortgage and taking on A∫signment thereof but such proposals not being acceded to other proposals in lieu thereof had been made and agreed to between the said Henry Poole and Joseph Marryat at as thereinafter mentioned subject neverthele∫s tp the confirmation thereof by the said William Postlethwaite It is by the said now reciting Articles Witne∫sed and the said Parties thereto did Mutually ^_____ or themselves their Heirs Executors and Administrators each with the other and others of them and the Executors and Administrators of the other and others of them (amongst other things) as follows that is to say first That the Principal Monies and Interest due upon the said Mortgage and Bonds such Interest being computed to the first day of September then next and now last past amounting in the whole by the account thereon indorsed to the sum ‘ of Sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid by the said William Postlethwaite to the said Henry Poole at the times and in manner following vizt the sum of six thousand three hundred and nineteen Pounds seventeen Shillings and four pence should be paid down to the said Henry Poole his Executors Administrators or A∫signs at the time thereinafter mentioned and the sum of ten thousand Pounds residue of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid down to the said Henry Poole his Executors Administrators or A∫signs at the time Hereinafter mentioned and the sum of ten thousand Pounds residue of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence should be paid within the space of ten Years from the ∫aid first day of September then next by ten equal annual Instalments Payable on the first day of September in every Year to each and every of which said Instalments should be added the Interest then due on the remainder of the said Principal sum of ten thousand Pounds such Interest being computed at the rate of five Pounds per Cent per Annum Secondly That the Payment of such Instalments (comprehending both Principal and Interest) should be paid or secured to be paid by Bills of Exchange to be drawn by the said William Postlethwaite upon and to be accepted by the said Joseph Marryat payable to the said Henry Poole or Order? Thirdly That as a further or Collateral Security for the due and punctual Payment of such Bills according to the tenors thereof respectively the said Joseph Marryat should and would at any time on Demand from and after such Notification should be made or given to him as thereinafter mentioned transfer and A∫sign unto and in the Names of four responsible Persons two to be nominated by the said Henry Poole and the other two by the said Joseph Marryat the Capital sum of twenty thousand Pounds three per Cent Consolidated Bank Annuities Upon the Trusts following that is to say In Trust to pay the Dividends and Interest thereof from time to time to the said Joseph Marryat and his A∫signs for his and their own use and benefit And upon further Trust when and as any of such Bills of Exchange ∫hould be duly paid and discharged to transfer and rea∫sign to the said Joseph Marryat his Executors Administrators or A∫signs one tenth part

of


108


Of the said Capital sum of twenty thousand Pounds three per Cent Consolidated Bank Annuities But in case any one or more of the said Bills of Exchange should not be paid or and when the same should become due and payable Then In Trust by and out of the Dividends of the said Stock and by sale of so much of the Capital of the said Stock as should be nece∫sary for that purpose to pay and discharge such Bill or Bills of Exchange with all Charges and Expenses attending the NonPayment thereof and that such Trustees should be a proper Deed or Instrument in Writing declare the Trusts thereof accordingly fourthly That is case is should not be convenient to the said William Postlethwaite to pay down so large a sum as the sum of six thousand three hundred and nineteen Pounds seventeen shillings and four pence then that the sum of four thousand three hundred and nineteen Pounds seventeen shillings and four pence of like lawful Money should be paid down by him to the said Henry Poole in part Payment of the said sum of sixteen thousand three hundred and nineteen Pounds seventeen shillings and four pence and Interest and that the remainder thereof should be paid or secured to be paid by the said William Postlethwaite to the said Henry Poole within seven Years from the first day of September then next by seven equal annual Instalments payable as therein mentioned and the Payment thereof to be secured as therein also mentioned fifthly That the said William Posthelwaite should have the option of determining which of the said two modes or Plans of Payment he would adopt such Option to be declared to the said Attornies of the said Henry Poole within thirty days next after the said Articles of Agreement should be shown and presented to him for the Execution thereof and that within ten days next after such option should be declared the said William Postlethwaite should and would draw Bills of Exchange upon the said Joseph Marryat (payable to the said Henry Poole or Order) corresponding with the said Articles and the mode or plan of Payment so adopted by the said William Postlethwaite Sixthly that upon Notification being made or given to the said Joseph Marryat and Henry Poole of the mode or plan of Payment which should have been adopted by the said William Postlethwaite and upon Receipt of the said Bills of Exchange in England the said Articles so far as respected the said Joseph Marryat and Henry Poole should immediately thereupon be carried into full and comple__ effect Seventhly that all Expenses which should have been incurred by the said Henry Poole in the said Island touching the commencing and prosecuting of any Suit or Proceedings in Justice of the said Letter of Attorney of any Instructions since given by him to his said Attornies in respect of the said Mortgage and Bonds as also the Commi∫sion chargeable by or payable to his said Attornies on account thereof should be advanced and paid to him by the said William Postlethwaite with Liberty to the said William Postlethwaite to charge the same against the said Mortgage Premises it being the true intent and meaning of the said Articles of Agreement now in recital that the said Henry Poole should receive Payment of his sd Mortgage Debt and Interest in manner aforesaid free of all charges and expenses whatsoever Eighthly that when such Option should have been determined and notified such payments made and such Securities given as aforesaid the said Henry Poole should and would at the Costs and Charges of the said William Postlethwaite and Joseph Marryat duly a∫sign and make over unto them or one of them or to such Person or Persons as they should direct or appoint all his Right Title and Interest as surviving Mortgagee and Partner as aforesaid of and in the said Mortgage Debt and Interest and of all Securities for the Payment thereof And also should and would give and execute full and irrevocable Power and

Authority


109


Authority to them or either of them or to such person or persons as aforesaid to take such steps as might be nece∫sary or proper for establishing the said Mortgage account or debt and for recovering Payment thereof as also for foreclosing the Equity of Redemption of and in the said Mortgaged Premises He the said Henry Poole his Executors and Administrators being fully indemnified by the said William Postlethwaite and Joseph Marryat from and against all Costs Charges and Expences whatsoever which should or might be incurred in or about any Proceedings to be instituted for all or any of the Purposes aforesaid as in and by the said in part recited Indenture of Demise or Mortgage duly recorded in the Register’s Office of the said Island of Grenada and the said Bonds and Articles of Agreement reference being thereunto respectively had may more fully appear And Whereas the said William Postlethwaite did in pursuance and part performance of the said Articles on his part and with the Time thereby limited declare to the said Attornies of the said Henry Poole the Option given to him by the said Articles and did determine to adopt the first of the said two modes or plans of payment mentioned in the said Articles and in pursuance of such his Option and Determination did within the time limited for that purpose draw ten several sets of Bills of Exchange upon the said Joseph Marryat (payable to the said Henry Poole or Order) for Payment of the ten annual Installments and Interest comprised in the said Mode or Plan of Payment so adopted by him as aforesaid and corresponding therewith and with the said Articles And Whereas Notification hath been duly made or given to the said Joseph Marryat and Henry Poole of the mode or plan of Payment as adopted by the said William Postlethwaite and the said several sets of Bills of Exchange have been transmitted to and received by the said Joseph Marryat in England And Whereas the said Joseph Marryat hath at the request of the said William Postlethwaite in further pursuance and performance of the said agreement on the part of the said William Postlethwaite this day advanced and paid to the said Henry Poole the said sum of six thousand three hundred and nineteen Pounds seventeen shillings and four pence And also the further sum of One hundred and twelve Pounds ten shillings and ten pence (being the Interest thereof from the said first day of September last to the day of the date of these presents and likewise the further sum of One hundred and Eight Pounds at which it was consented and agreed between the said Henry Poole and Joseph Marryat that the charges and expenses incurred by the said Henry Poole in the said Island touching the Suits or Proceedings instituted in pursuance of the said Letter of Attorney and the commi∫sion payable to his said Attornies thereon should be finally ascertained and liquidated such three several Sums making in the whole the sum of Six thousand six hundred and twelve Pounds eight shillings and two pence And Whereas the said Joseph Marryat hath in pursuance and performance of the said Agreement on his part duly accepted the said several Bills of Exchange and hath delivered over the same s accepted to the said Henry Poole and for better securing the payment thereof when and as the same shall become due and payable the said Joseph Marryat hath also in further pursuance and performance of the said Agreement on his part this Day transferred and

A∫signed

On to Part 2.

Enjoy,

Jim
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