1813 Release and lease Transcribed

The House of the rising Sun Effingham Street Ramsgate Release | home

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Lease and Release for the sale in 1813 of the "Sun" public house, Effingham street, Ramsgate, Kent. Transcribed from the original documents in September 2008, by Gerald Tripp.

Release of the Sun, Ramsgate, 1813

	Dated 11th November 1813
John Abbott Esqre
to	Release of a Messuage or public house called the Sun and other premises in Effingham Place, Ramsgate
Mr Richard Tomson

This Indenture of three parts made the eleventh day of November in the fifty fourth year of the Reign of our Sovereign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the faith and in the year of our Lord one thousand eight hundred and thirteen Between John Abbott of the parish of Saint Dunstan near and without the walls of the city of Canterbury in the County of Kent Esquire of the first part Richard Tomson of Ramsgate in the Isle of Thanet in the County of Kent Brewer of the second part and William Neve Daniel of Ramsgate aforesaid Surgeon of the third part Whereas by virtue of an Indenture bearing date the twenty fourth day of September now last past and made between the said John Abbott and Mary his wife of the one part and James Abbott of Whitstable in the said county of Kent Gentleman of the other part and of a fine sur conuzance de droit come coe, &c., duly levied by the said John Abbott and Mary his wife in pursuance of the said Indenture in or as of Trinity Term now last past The Messuage or Tenement and other the hereditaments hereinafter described and mentioned to be hereby appointed and released with the appurtenances (together with other hereditaments) Were settled and assured and now stand limited to the use of such person or persons and for such Estate or Estates upon such trusts and for such intents and purposes and with under and subject to such powers provisoes limitations charges and declarations as the said John Abbott at any time or times during his life by any Deed or Deeds Instrument or Instruments in writing with or without power of revocation to be sealed and delivered in the presence of and attested by two or more credible witnesses shall direct limit or appoint and in default of such direction limitation or appointment to the use of the said John Abbott and his assigns during his natural life with remainder to the use of the said James Abbott and his heirs during the natural life of the said John Abbott In trust for the said John Abbott and his assigns with remainder to the use of the said John Abbott his heirs and assigns for ever as in and by the said recited Indenture and the Records of the said fine (reference being thereunto had) will more fully appear And Whereas the said Richard Tomson hath contracted and agreed with the said John Abbott for the absolute purchase of the Inheritance in fee simple in possession and free from incumbrances of and in the said Messuage or Tenement and hereditaments hereinafter mentioned to be hereby appointed and released at or for the price or sum of One thousand and two hundred pounds And Whereas the said Richard Tomson is desirous that the hereditaments so contracted for and agreed to be purchased by him as aforesaid should be limited and assured in manner hereinafter expressed in order to prevent any wife of him the said Richard Tomson from being dowable thereof or of any part thereof Now This Indenture Witnesseth that in pursuance of the said agreement and for and in consideration of the sum of one thousand and two hundred pounds of lawful money current in Great Britain to the said John Abbott well and truly paid by the said Richard Tomson at or before the sealing and delivery of these presents the receipt whereof accordingly the said John Abbott doth hereby acknowledge and thereof and of and from every part thereof doth acquit release and discharge the said Richard Tomson his Heirs Executors administrators and assigns and every of them for ever by these presents He the said John Abbott in pursuance and exercise and by force and virtue of the power and authority to him given reserved or limited in and by virtue of the said recited Indenture and Fine and by force and virtue of all and every other power and powers and authority and authorities whatsoever in him the said John Abbott now being or in this behalf in any wise enabling him Hath Directed Limited and appointed and by this present Deed or Instrument in writing by him the said John Abbott sealed and delivered in the presence of and attested by the two credible persons whose names are intended to be hereupon indorsed as witnesses to the sealing and delivering these presents by him the said John Abbott Doth Direct Limit and appoint That all and singular the Messuage or Tenement and hereditaments hereinafter described and mentioned to be hereby appointed and released with the appurtenances Shall henceforth be and remain to and for the several Uses and upon the trusts and for the intents and purposes hereinafter expressed and declared of and concerning the same And this indenture farther Witnesseth that for the considerations aforesaid and for farther assurance He the said John Abbott Hath granted bargained sold aliened released and confirmed and by these presents Doth grant bargain sell alien release and confirm unto the said Richard Tomson (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said John Abbott in consideration of five shillings by Indenture bearing date the day next before the day of the date of these presents for the term of one year commencing from the day next before the day of the date of the same Indenture of Bargain and Sale and by force of the statute made for transferring Uses into possession and to his heirs All That Messuage or Tenement called or known by the name or sign of the Sun (Heretofore divided into several Tenements) with the outhouses Edifices Buildings Yard Garden Backsides and Ground thereunto belonging and adjoining and therewith usually held used and enjoyed situate lying and being in Ramsgate aforesaid in the said Isle of Thanet and County of Kent in or near a certain Street or Place there heretofore called the Brick Street and now called Efffingham Place heretofore in the tenure or occupation of Richard Wraight or his assigns or undertenants and now or late in the several tenures or occupations of Richard Jones and Edward Kidner or their assigns or Undertenants Together with the free and common use and benefit at all times (with the tenants and occupiers of certain other Messuages near thereunto) of a certain Grass plat or Bleaching Spot situate in or near the said Street and adjoining to a certain Messuage and premises now or late in the the occupation of William Dougaty and to a certain Messuage and premises there now or late of John Holmans and free way and passage to and from the said Grass plat or Bleaching Spot by and through a certain Gate in or near the said Street and at the west end of the said Messuage and premises now or late of the said William Dougaty and all ways paths passages waters waterwells watercourses walls fences inclosures liberties privileges advantages amoluments and appurtenances whatsoever to the said Messuage or Tenement hereinbefore described and mentioned to be hereby appointed and released or any part thereof belonging or in any wise appertaining or therewith or with any part thereof held used occupied or enjoyed or accepted reputed taken or known as part parcel or member thereof or of any part thereof and the Reversion and Reversions Remainder and Remainders Rents Issues and profits thereof and all the Estate right title interest use trust possession inheritance property claim and demand whatsoever both at Law and in Equity of him the said John Abbott of in to or out of the said Messuage Tenement hereditaments and premises every or any part thereof together with all Deeds Evidence

and writings touching or concerning the said premises only or only part thereof now in the custody or power of the said John Abbott or which he can get or procure without Suit at Law or in Equity To have and to hold the said Messuage or Tenement hereditaments and all and singular other the premises mentioned to be hereby appointed and released with the appurtenances unto the said Richard Tomson his heirs and assigns To such Uses upon and for such trusts intents and purposes and with under and subject to such powers provisoes limitations declarations and agreements as the said Richard Tomson by any Deed or Deeds Instrument or Instruments in writing with or without power of revocation and new appointment to be sealed and delivered by him in the presence of and to be attested by two or more credible witnesses shall from time to time direct limit or appoint and in default of and until such direction limitation or appointment and so far as no such direction limitation or appointment shall extend to the Use of the said Richard Tomson and his assigns during his natural life without impeachment of waste and immediately from and after the determination of that estate by forfeiture or otherwise in his life time to the use of the said William Neve Daniel and his heirs during the natural life of the said Richard Tomson In Trust for the said Richard Tomson and his assigns and to prevent any wife of the said Richard Tomson from being entitled to Dower in or out of the said hereditaments or any part thereof and immediately from and after the decease of the said Richard Tomson to the use of the heirs and assigns of the said Richard Tomson for ever and to and for no other use intent or purpose whatsoever And the said John Abbott for himself his heirs Executors and administrators and for every of them doth covenant promise and grant to and with the said Richard Tomson his heirs appointees and assigns by these presents in manner following that is to say that for and notwithstanding any act deed matter or thing whatsoever by him the said John Abbott or by any person or persons lawfully claiming or to claim by from through under or in trust for him done committed executed or knowingly suffered to the contrary he the said John Abbott now hath in himself good right full power true title and lawful and absolute authority to appoint release and convey the said Messuage or Tenements and all other the hereditaments and premises mentioned to be hereby appointed and released with the appurtenances to and for the several uses ends intents and purposes aforesaid and according to the true intent and meaning of these presents And further that the said Messuage or Tenement hereditaments and premises with the appurtenances shall from time to time and at all times hereafter remain continue and be to and for the several uses ends intents and purposes aforesaid and shall and may be by the said Richard Tomson his heirs appointees and assigns peaceably had held and enjoyed and the rents and profits thereof be received and taken accordingly without any let suit trouble denial eviction interruption disturbance claim or demand whatsoever of or by the said John Abbott his heirs or assigns or of or by any other person or persons lawfully claiming or to claim by from through under or in trust for him or them And that free and clear and freely clearly and absolutely acquitted exonerated and discharged or otherwise by the said John Abbott his heirs Executors and administrators well and sufficiently saved defended kept harmless and indemnified of from and against all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers rights and titles of dower uses trusts wills entails statutes recognizaures judgements extents executions annuities rents and arrears of rent and of from and against all other estates titles troubles debts charges and incumbrances whatsoever had made done committed occasioned or suffered to be had made done committed occasioned or suffered by the said John Abbott his heirs or assigns or by any other person or persons lawfully claiming or to claim by from through under or in trust for him or them And also that he the said John Abbott 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 trust or interest at Law or in Equity of in to or out of the said Messuage or Tenement hereditaments and premises mentioned to be hereby appointed and released or any part thereof by from through 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 costs and charges in the Law of the said Richard Tomson and his heirs appointees or assigns make do acknowledge levy execute and suffer or cause to procure to be made done acknowledged levied executed and suffered all and every such farther and other lawful and reasonable acts deeds devices conveyances and assurances in the Law whatsoever for the further better more perfect and absolute conveying and assuring the same Messuage or Tenement hereditaments and premises with the appurtenances to and for the several uses ends interests and purposes aforesaid and according to the true intent and meaning of these presents or otherwise as the said Richard Tomson his heirs appointees or assigns shall direct or appoint Be the same by Fine Feoffment Common Recovery or otherwise howsoever as by the said Richard Tomson his heirs appointees or assigns or by his or their counsel in the Law shall be reasonably devised or advised and required So as such further conveyances or assurances do not contain in them any further covenant or warranty than only against the person or persons who shall be required to make and execute the same and his her or their Heirs Executors or administrators acts and deeds and so for the executing thereof no person be compellable to go from the place of his or her abode And Lastly that the said John Abbott his Heirs or assigns shall and will from time to time and at all times hereafter and at the request and at the proper costs and charges of the said Richard Tomson his Heirs appointees or assigns produce and shew forth or cause or procure to be produced and shewn forth uncanceled and undefaced unto the said Richard Tomson his Heirs appointees or assigns or to his or their counsel attorney Solicitor agent or other person or persons as occasion may require to be perused pleaded and given in Evidence in any Court or Courts of Law or Equity or for the purpose of taking attested copies thereof or otherwise for the better evidencing maintaining and defending the right and title of the said Richard Tomson his Heirs appointees or assigns in and to the said Messuage or Tenement hereditaments and premises mentioned to be hereby appointed and released or any part thereof Unless prevented by fire or other inevitable accident the hereinbefore recited Indenture of the twenty forth day of September now last past In Witness whereof the said parties to these present indentures have hereunto set their hands and seals Dated the day and year first above written ./.

John [seal] Abbott

Rich [seal] Tomson

Received the day and year first within written of and from the within named Richard Tomson the sum of One Thousand and Two Hundred pounds being the consideration money within mentioned to be paid by him to me John Abbott	£1200	Signed sealed and delivered by the within named John Abbott ( being first duly stamped ) in the presence of -- Wm H.Y Abbott Sov(?) Canterbury John Abbott Junr St. Dunstans	Signed sealed and delivered by the within named Richard Tomson in the presence of Edwd Daniel Wm H.Y Abbott
Witness Hereto Wm H.Y. Abbott John Abbott Junr

Lease for a year

	Dated ___________
John Abbott Esqre
to	Lease for a Year
Mr Richard Tomson

This Indenture made the tenth day of November In the fifty forth year of the Reign of our Sovereign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the faith and in the year of our Lord one thousand eight hundred and thirteen Between John Abbott of the parish of Saint Dunstan near and without the walls of the City of Canterbury in the County of Kent Esquire of the one part and Richard Tomson of Ramsgate in the Isle of Thanet in the County of Kent Brewer of the other part Witnesseth that for and in consideration of the sum of five shillings of lawful money current in Great Britain to the said John Abbott well and truly paid by the said Richard Tomson at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged He the said John Abbott Hath bargained and sold and by these presents Doth bargain and sell unto the said Richard Tomson his executors administrators and assigns All that Messuage or Tenement called or known by the name or sign of the Sun (heretofore divided into several tenements) with the Outhouses Edifices Buildings Yards Garden Backsides and Grounds thereunto belonging and adjoining and therewith usually held used and enjoyed situate lying and being in Ramsgate aforesaid in the said Isle of Thanet and County of Kent in or near a certain Street or place there heretofore called the Brick Street and now called Effingham Place heretofore in the tenure or occupation of Richard Wraight or his assigns or undertenants and now or late in the several tenures of occupations of Richard Jones and Edward Kidner or their assigns or undertenants Together with the free and common use and benefit at all times (with the Tenants and occupiers of certain other Messuages near thereunto) of a certain Grass plat or Bleaching Spot situate in or near the said Street and adjoining a certain Messuage and Premises now or late in the occupation of William Dougaty and to a certain Messuage and Premises there now or late of John Holmans and free way and passage to and from the said Grass plat or Bleaching Spot by and through a certain gate in or near the said Street and at the West end of the said Messuage and Premises now or late of the said William Dougaty and all ways paths passages waters waterwells watercourses walls fences inclosures liberties privileges advantages amoluments and appurtenances whatsoever to the said Messuage or Tenement hereinbefore described and mentioned to be hereby bargained and sold as or any part thereof belonging or in any wise appertaining or therewith or with any part thereof held used occupied or enjoyed or accepted reputed taken or known as part parcel or member thereof or of any part thereof and the Reversion and Reversions Remainder and Remainders Rents Issues and profits thereof To have and to hold the said Messuage or Tenement hereditaments and all and singular other the premises mentioned to be hereby bargained and sold with the appurtenances unto to the said Richard Tomson his Executors administrators and assigns from the day next before the day of the date of these presents 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 Abbott his heirs and assigns the rent of one pepper corn only at the end 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 made for transferring Uses into possession the said Richard Tomson may be in the actual possession of all the hereby bargained and sold premises and be thereby enabled to take and accept a grant Release and Conveyance of the Freehold Reversion and Inheritance thereof To such uses upon such Trusts and for such ends intents and purposes as shall be expressed and declared of and concerning the same premises in and by one Indenture of Release of three parts intended to bear date the day next after the day of the date of these presents and to be made between the said John Abbott of the first part the said Richard Tomson of the second part and William Neve Daniel of Ramsgate aforesaid Surgeon of the third part In Witness whereof the said parties to these present Indentures have hereunto set their hands and seals Dated the day and year first above written

John [seal] Abbott

Signed sealed and delivered ( being first duly stamped ) in the presence of:

Wm H.Y Abbott

John Abbott Junr

end

Transcriber's notes:

A "Fine" or "Final Concord" is a court record stating an agreement that ended a collusive court case involving a fictitious dispute over property. They were used as a way of conveying property, and for example: for settling property within families and for barring entails.

"These presents" or "These present indentures" refers to the current document.

"Grass plat or Bleaching Spot". A 'plat' was a term used to describe a plot of land - a 'grass plat' is a lawn or area of grass land. Before the widespread use of chemical bleaches, linen was 'sun bleached'. Raw linen was bleached commercially by placing it in the sun for several months, until it turned white - Holland having a major share of the market in Linen bleaching at that time. Householders would keep their linen white by washing it and then laying it out carefully on an area of grass to dry in the sun.

A lot of property at the time was sold by "Lease and Release". Straight forward sales of Freehold land at the time would need to be enrolled at court, this required details such as the sale price to be declared in open court and hence making these public knowledge. The grant of a lease was however a private matter. Once a lease had been sold to a tenant, the tenant was then 'in possession' of the the land. It was then possible (via the release) to sell the tenant the 'freehold reversion' (the landlord's future interest after the lease ended) so as to upgrade the tenant's estate from leasehold to freehold. This was typically done on the day after the grant of the lease.

Gerald Tripp, Ramsgate, Kent - September 2008.