freight for the same, and make all other payments to the said (master) master of the said ship or vessel at aforesaid, and perform all other matters and things which ought to be done and performed by the said (first party) at the times and in the manner in the said charter-party [or bill of lading] mentioned in respect thereof; and of and from the same respectively, and all actions, suits, costs, charges, and damages, by reason of, or in relation thereto, shall and will discharge and keep harmless him the said (first party), his executors, administrators, and assigns; and also will seal and execute unto the said (master) one part of the said charterparty [or bill of lading], so to be granted to him the said (first party) as aforesaid. IN WITNESS, &c. AGREEMENTS. Freight. AGREEMENTS. Furnished house or apart ments. No. XXXIX. An Agreement to take a Furnished House, or Apartments. Parties. ARTICLES of agreement entered into this year of our Lord in day of the BETWEEN (the landlord) of, &c., for himself, his heirs, executors and administrators, of the one part, and (the tenant) of, &c., for himself, his heirs, executors, and administrators, of the other part, as follow, that is to say, THE said Landlord agrees (landlord) agrees to let, and the said (tenant) agrees to take a certain messuage (1) or dwelling-house, situated at to let furnished house. , together with the fixtures, furniture, crockery, utensils and things particularly mentioned in the schedule thereof hereunder written, for the term of months, to commence from the ensuing, after the rate of the yearly rent (2) of £ day of now next of lawful money of Great Britain, by equal quarterly payments, the first payment now next ensuing, thereof to be made on the day of Apartments. Rent reserved weekly. (1) If part of the house only be let, say, "All those the first and second floors and front garret (or as the case may be) with the conveniences and appurtenances thereunto belonging, of the messuage or dwelling-house, now in the occupation of the said (landlord) situated at as the same are furnished according to the schedule or inventory hereunder written, together with the use in common with the said (landlord) and his family, of the front kitchen of the said house, and the back wash-house and yard. day of now next ensuing, at (2) If it be intended that the rent should be reserved weekly, say, "For the period or space of weeks, to commence from the guineas per week, [or payable in advance on Monday in every week, if so agreed, and see post. p. 153. n. (1)]. day of AGREEMENTS. Furnished house or apart three months succeeding quarter; and so on until the commencement of the last quarter, next preceding the expiration of the said term, when such last quarter's rent shall be payable and paid (1)]. AND it is further ments. agreed by and between the said parties hereto, that the said (tenant) And so on until shall and may, after the expiration of the said term of six months, notice by either hold and enjoy the said house, furniture and premises, from quarter party. to quarter, to be reckoned from the at the same rent as aforesaid, until either of the said parties shall give three calendar months' notice to quit under his hand to the other of them. And that he the said (landlord) shall and will during the said term or time, keep the said messuage and premises in good tenantable re pair, and replace such of the furniture as shall from time to time be destroyed or be damaged by reasonable use and wear thereof. AND it is also hereby agreed, that the said (landlord) shall have power to rent. distrain (2) for the said rent, upon any of the goods or chattels of the said (tenant) as often as the same shall be twenty-one days in arrear. Landlord to keep the house in repair. May distrain for on notice. And that at the end of the said term of six months, or ex- Tenant to quit piration of any such notice as aforesaid, as the case may be, be the said (tenant) shall and will leave the said fixtures and furniture, articles and things, mentioned in the said schedule, in as good state and condition as the same now are, reasonable use and wear thereof only excepted, and also replace and leave all such dishes, plates, china, glass and utensils, as shall be broken or in anywise damaged, of the same kind, pattern and value. IN WITNESS, &c. Schedule or inventory above referred to. Front room one pair-one mahogany dining-table-1 Pembroke do. &c. &c. (1) *As persons taking a furnished house or apartments, may not have Rent in advance. sufficient property of their own upon the premises, to answer the amount of the rent reserved, the rent is sometimes made payable in advance, in which case it must be expressly made so payable during the whole of the term, as it will otherwise be construed to extend to the first quarter's rent only. Holland v. Salser, 2 Stark. 161, and see Spencer's ca. 5 Co. 17. a. 3. (2) Before the case of Newman v. Anderton, 2 New. Rep. 242, it was generally conceived, that no distress could be had for rent reserved for a ready furnished house or lodgings, but in that case it was determined that distress may be had upon any goods of the tenant as well for furnished as for unfurnished premises, the whole rent being considered in law as issuing out of the land, although it may be increased by the value of other property demised with it. Landlord may distrain for rent furnished lodg ings. AGREEMENTS. Indemnity. No. XL. *An Agreement between Owners of a Ship and a Captain or Master leaving the ship, to indemnify him against Bills of Lading, &c. contracted by him for their use (1). ARTICLES of agreement entered into this day of in WITNESS. Owners covenant with master. the year of our Lord 18. BETWEEN (owners) of, &c., owners of tons, or hath contracted and agreed with several persons for necessary work done to the said ship, and for goods and stores delivered for the said ship's use, and hath also signed and delivered out several bills of lading for sundry goods and merchandizes, now on board the said ship, and to be delivered at or other parts whither she is now bound, at the freight therein mentioned, as by the said several bills, and the accounts thereof, signed by the said (owners) and hereupon indorsed, doth appear. AND whereas the said (master) with the consent of the said (owners), hath resigned the command of the said ship as master, and delivered or agreed to deliver the possession thereof to such person as the said owners have appointed, or may appoint, to succeed him as master thereof. Now WITNESS THESE PRESENTS, that they the said (owners), for themselves severally and respectively, and for their several and respective executors and administrators, but not jointly, nor any one of them for the other, nor for the acts or deeds of the other, do hereby covenant, promise and agree to and with the said (master), his executors and administrators, in the manner following, that is to say, Ship master. (1) As the contract of agents, not within the scope of their delegated authority, relative to the affairs of their principal, are personally binding upon themselves, an indemnity of the above kind is rendered necessary for the master's security. See Garnham v. Graham, 4 Barn. & Ald. 352. 1 Stark. 490. that each of us respectively, our respective executors and administrators, according to our several parts of and in the said ship by us severally subscribed with our names hereunto, shall and will pay or cause to be paid, our respective proportions of the several bills delivered and mentioned in the indorsement hereon, and by us severally, subscribed, for work done, and goods and stores delivered for the said ship's use for her said intended voyage, and that of each of us, our respective executors and administrators, will at all times hereafter, save and keep, harmless and indemnified, the said (master), his executors and administrators, and his and their goods, chattels and estate, from and against our respective proportions of the said bills, and also of and from the said several bills of lading so by him the said (master), signed and delivered for goods and merchandizes, received or to be delivered on board the said ship, and from and against all actions, suits, costs, charges and damages whatever, which shall or may be commenced, prosecuted, recovered or awarded against him or them, or which he or they may sustain, or be put or be liable unto, for or concerning the same. IN WITNESS, &c. AGREEMENTS. Indemnity. |