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

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 346s – Smith Robertson Genealogy – Indenture – 1841 James Smith – Dissolution of the ShipWrights Copartnership

Morning,

No new and interesting concoction for breakfast this morning. I had to take Tobi for his six month check-up since his chemo-therapy last November 2008. Doctor’s prognosis – Tobi’s doing very well and there does not appear to be any recurrence of the cancer. His back legs are weaker, but that was expected.

And I’m back at my desk and PC ready to focus on my work in my Indenture Project in the search for the origins and genealogy of ggg-grandfather James Smith.

Well, the next Smith-related Document in Grenada Registers of Records in Item 2 of the microfilm FHL [1563330] is definitely a reference to ggg-grandfather James Smith.

I did post the same work and transcription in Part 60s a year ago in September 2009. My new transcription does provide some additional words from my previous work. Also after re-reading and re-working the Document I have become, I think a bit more enlightened to what may have happened to ggg-grandfather James’ Ship Wrights Copartnership between the years of 1829 and 1841.

In a quick overview, and from my vantage point, it appears that ggg-grandfather James’ partners, John Mortimer and James Nichol had both recently passed away. Accordingly, John Mortimer had passed away on 10 August 1840 and James Nicol on 23 August 1840. If I understand the document correctly, (please feel free to send in your comments and thoughts), ggg-grandfather James Smith had retired from the Copartnership 31 December 1835. And here is where I get a bit hazy, not being a legal or contract law expert. It appears to me that this specific Indenture is an assurance that ggg-grandfather James, his heirs, executors and administrators may not have been responsible for the debts and liabilities of the Ship Wright Copartnership. Any thoughts?

Here are the images of the pages 354, 356, and 356.

And my new transcription –

(354)

X

Entered 16 October 1841

This Indenture made the fifteenth day of May in the
year of our Lord one thousand eight hundred and forty one Between
James Smith of the town of Saint George in the Islands of Grenada Esquire of the
one part and Owsley Rowley and William Alexander Horne
of the same place Esquires Executors of the last Will and Testament of John
Mortimer late of the town and Island aforesaid Merchant of the other part
Whereas by certain Article of Agreement intended bearing date the eighth day of
May in the year one thousand eight hundred and twenty nine and made or
expressed to be made between James Nicol therein described and since deceased
of the first part the said John Mortimer of the second part and the said
James Smith of the third part It is amongst other things Witnessed that they
the said James Nicol John Mortimer and James Smith should and would
become continue and be Copartners in the trade or business of ShipWrights to commence
from the first day of January then last part and thenceforth for and during the
term of five years to be carried on at or upon certain premises therein described
situate in the said island purchased or agreed to be purchased by them as
therein mentioned And Whereas the said James Smith retired from
the said firm or Copartnership at the expiration of the said term of five years
_____ on the thirty first day of December one thousand eight hundred and
thirty five at which time divers debts and sums of money were due and owing to
and by the said firm by and to divers persons and by and to the said several
partners to and by each other or the said firm in respect of the transactions
and business of the said Copartnership And Whereas the said

John 

(355)

John Mortimer departed this life on or about the tenth day of August
one thousand eight hundred and forty having made his last Will and Testament
in writing or certain Testamentary Writings in the nature thereof and appointed the
said Owsley Rowley and William Alexander Horne Executors thereof and they
upon his death duly proved the said Will or Testamentary Writings in Grenada
before His Honor the Ordinary there And Whereas the said James Nicol
departed this life on or about the twenty third day of August one thousand eight
hundred and forty And Whereas the affairs of the said Copartnership have
never been closed and the rights and liabilities of the said partners or their
Representatives as amongst themselves cannot now be ascertained without recourse
to legal proceedings and much expense and delay and in order therefor to and
litigation it hath been agreed between and by the said James Smith and
the said Owsley Rowley and William Alexander Horne as such Executors as
aforesaid to execute such release as hereinafter contained Now this Indenture
Witnesseth that in consideration of the premises the said James Smith for
himself his heirs executors and administrators Hath remised released and
for ever discharged and by these presents Doth remise release and forever discharge
unto the said Owsley Rowley and William Alexander Horne as such
Executors as aforesaid Have remised released and for ever discharged and
by these Presents Do remise release and for ever discharge unto the
said James Smith his heirs executors and administrators all and all manner
of Actions and Suits sums of money debts dues accounts reckonings costs
damages expenses claims and demands whatsoever at Law or in Equity for or
in respect of the said Copartnership between the said James Nicol, John
Mortimer and James Smith or the property or Effects of the said Copart
nership and all payments transactions acts matters and things made had or done
in the conduct or management of the same or otherwise in relation thereto In
Witness whereof the said parties to these presents have hereunto set their
hands and seals the day and year first above written

Owsley Rowley (LS) W. A. Horne (LS) Js. Smith (LS)

Signed sealed and delivered by the said James Smith Owsley Rowley and the
said William Alexander Horne In the presence of

Alex. Aberdeen Richd Neckles

Grenada

Before His Honor Ambrose Hayling Assistant Justice 

of the Supreme Court of Judicature of the Island 

of Grenada and its Dependencies

Personally appeared Alexander Aberdeen one of the subscribing Witnesses
to the forgoing Indenture who being duly sworn mad Oath that he was
present together with Richard Neckles the other subscribing Witness thereto

and

(356)

And did see Owsley Rowley, William Alexander Horne and James Smith
the parties executing the same duly severally and respectively sign and execute
and deliver the same as and for their several and respective Acts and Deeds
and that in testimony of such due execution thereof as aforesaid they this deponent
and the said Richard Neckles did severally set and subscribe their names as
witnesses to the execution of the same Indenture And this Deponent further saith
that the names or signature “Owsley Rowley” “W.A. Horne” “Jas Smith”” sub
scribed thereto as the parties executing the same and of “Alex Aberdeen” “ Rich”
Nickle?” as the Witnesses thereto are of the several and respective handwriting and
signatures of the said Owsley Rowley William Alexander Horne James Smith
Alexander Aberdeen this Deponent and Richard Neckles whose signature the
same purport to be.

Alex Aberdeen

Sworn before me this nineteenth day of August 1841

Ambrose Hayling A∫sistant Justice

The transcriptions are continuing and as mentioned I’ve increased my speed of transcribing with the use of Dragon 11. I’m also checking out the genealogy software, Gramps, which is an intuitive based genealogy software available for an Ubuntu operating system.

And just a quick plug for our quilting… Check back with Quilts SB soon. Our first quilt of our OP Noel Series – Nöel Diptech – should be posted shortly.

Enjoy,

Jim

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