Conveyance Divers to Brewers 30/1/1858
This Indenture made the thirtieth day of January one thousand eight hundred and fifty eight Between John Deane late of Whitstable in the county of Kent but now of Margate in the island of Thanet in the same county Gentlemen of the first part Rest Flint and John Love of the city of Canterbury Brewers of the second part And George Furley of the same city bankers of the third part WHEREAS by a Deed Pole dated 29th day of October one thousand eight hundred and fifty three under the hands and seals of John Godfrey John Henderson George Collett Thomas Collett John Gaskill and John Gillow esquires six of the commissioners of sewers acting in and for several limits in the Eastern part of the County of Kent The piece or parcel of land or ground hereinafter described and hereby assigned was granted and conveyed unto the said John Deane and William Edwards their heirs executors administrators assigns for ever And whereas the said John Deane and William Edwards have since erected on the said piece or parcel of land or ground or some part thereof the Storehouse hereinafter described AND WHEREAS the said William Edwards departed this life on or about the thirty first day of August one thousand eight hundred and fifty five and was buried at Kertch in the Crimea AND WHEREAS the said Rest and Flint and John Love have agreed with the said John Deane for the absolute purchase of the said piece or parcel of land or ground and hereditaments hereinafter described and hereby assigned with the appurtenances and the inheritance thereof in fee simple in possession free from all encumbrances for the sum of one hundred and fifty five pounds NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the sum of one hundred and fifty five pounds sterling now paid to the said John Deane by the said Rest Flint and John Love in equal monies the receipt of which sum and that the same is in full for the absolute purchase aforesaid the said John Deane doth hereby acknowledge and from the same and every part thereof doth hereby release and discharge the said Rest Flint and John Love their respective appointees heirs executors administrator and assigns He the said John Deane DOTH by these presents grant and convey unto the said Rest Flint and John Love and their heirs ALL that piece or parcel of ground lying and being in the Parish of Whitstable in the County of Kent on the North Western side of and abutting to the top of the Commissioners Old Sea Wall there which said piece or parcel of ground extends in front along the top of the said Sea Wall a distance of eighteen feet six inches or thereabouts and also all that Storehouse or Building now sited standing and being on the said piece or parcel of ground or on some part thereof now in the occupation of the said John Deane And all the rights members and appurtenances belonging thereto And the reversion and revisions remainder and remainders rents issued and profits thereof and all the estate right title and interest claim and demand of him the said John Deane at law and in Equity and thereto TO HAVE AND TO HOLD the said hereditaments hereinbefore described and hereby assigned with their appurtenances unto the said Rest Flint and John Love and their heirs to the uses hereinafter declared concerning the same that is to say As to one full equal undivided Moiety or half part to such uses upon trusts and chargeable in such manner as the said Rest Flint shall appoint And in default of such appointment and subject thereto To the use of the said Rest Flint and his assigns during his natural life and after the determination of that estate by any means in his life time To the use of said George Furley and his heirs during the natural life of the said Rest Flint in trust for him and his assigns and after the determination of the proceeding uses or estates To the use of the said Rest Flint and assigns for ever And as to the other full equal undivided Moiety or half part thereof To such uses upon such trusts and chargeable in such manner as the said John Love shall appoint and in default of such appointments and subject thereto to the use of the said John Love and his assigns during his natural life and after the determination of that estate by any means in his life time To the use of the said George Furley and his heirs during the natural life of the said John Love In trust for him and his assigns And after the determination of the proceeding uses or Estates To the uses of the said John Love his heirs and assigns for ever And each of them the said Rest Flint and John Love doth hereby declare that his widow (if any) shall not be entitled to dower out of the Moiety hereby conveyed to uses in his favour of the hereditaments hereby assured AND the said John Deane doth hereby for himself his heirs executors and administrators covenant with the said Rest Flint and John Love respectively their respective appointees heirs and assigns that (not withstanding any act by him or the said William Edwards deceased) he the said John Deane now has in himself good rights by these presents to assign the said hereditaments and premises hereby aforesaid with their appurtenances to the uses and in manner aforesaid AND that the same hereditaments and premises shall and may at all times hereafter be held and enjoyed and the rents and rights be received and taken accordingly free from or by the said John Deane his heirs executors or administrators well and sufficiently saved harmless and kept indemnified from and against all and all manner of former or other estates rights titles charges and encumbrances whatsoever now or at any time heretofore created or occasioned by him the said John Deane or by the said William Edwards deceased or by any person claiming through under or in trust for them or either of them AND further that he the said John Deane and every person rightfully claiming or to claim as aforesaid shall and will at all times hereinafter do and execute all such acts Deeds and Assurances in the Law whatsoever for further more perfectly lawfully or satisfactorily assuring the said hereditaments and premises to the uses aforesaid or in such other manner as the said Rest Flint and John Love respectively their respective appointees shall be advised and required and be rendered to be done and executed IN WITNESS whereof the said parties to these presents have hereto set their hands and seals the day and year first above mentioned
I have emboldened the word parish... Interestingly all of the deeds of the Oyster Company are for lands that were part of the Manor of Whitstable. A Manor and a parish are not the same and so far as I can determine, although John Deane's storehouse may be said to be within the 'parish' of Whitstable... an entity subject then to recent administrative changes... I believe it was in Westgate, a Manor whose Lord was the Archbishop of Canterbury. The 1872 Ordnance survey 1'' map 1st Ed. shows the old boundary line between Westgate and Whitstable. The seaward boundary line between Westgate and the Marine portion of the Whitstable Manor by normal convention would be MHWM.
The only lapping in the pub was timber and beer... no waves.