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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