AGREEMENTS.

Freight.

the premises they the said (merchants) and (master) do hereby jointly and severally covenant, promise and agree with the said (master), his executors, &c., to pay, &c. (covenant to pay the Covenant to freight) (1) and also seal and execute one part of the said charter pay, &c. party granted to him the said (master). IN WITNESS, &c.

(1) See ante, p. 147.

AGREEMENTS.

Freight.

No. XXXVIII.

*An Agreement for Freight (1) between a Merchant having a Charter-party, or Bill of lading for a certain number of tons, and one who takes on hire a part of the same number.

Recital of charter-party.

WITNESS. First party

agrees to let part

of said tonnage

to second party.

Covenant by

second party to load and pay freight.

in the

ARTICLES of agreement entered into this day of year 18 . Between (one merchant) of, &c., merchant of the one part, and (another merchant) of, &c., merchant of the other part. WHEREAS (master of the vessel) master of the ship or vessel called tons, or thereabouts, and about to

of the burthen of

and thence to

the
undertake a voyage to
charter-party [or bill of lading] dated the day of
said (first party)

tons of the said
intended voyage, to be laden with

, hath, by let unto the ship's tonnage for her said within such time, and in

such manner as in the said charter-party [or bill of lading] is men-
tioned, at the price of per ton, for freight, primage, and average,
as accustomed, as by relation being thereunto had will appear. AND
whereas the said (second party) has agreed with the said (first party)
to take a part of the said tonnage at the same rate: Now THESE
PRESENTS WITNESS, that the said (first party) doth hereby agree
let unto the said (second party), his executors, administrators, and
assigns, tons of the said tons, so to him the said (first party)
letten by the said recited charter-party [or bill of lading] as aforesaid,
to be laden with
by the said (second party) within the time, in
the manner, and at the rate per ton for freight which the said (first
party) is, by the said charter-party, obliged to load and pay. AND
the said (second party) in consideration of the premises, doth hereby
for himself, his executors and administrators, covenant and agree
with the said (first party), his executors, administrators, and assigns,
that he the said (second party), his executors, administrators, fac-
tors, or assigns, shall and will, at aforesaid, lade and ship the

said

tons of

the same at

on board the said ship or vessel, and unlade aforesaid, within the respective times limited and

appointed by the said charter-party [or bill of lading], and pay the

(1) See the notes to the last precedent.

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 apartments.

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

day of

ensuing, after the rate of the yearly rent (2) of £

now next

of lawful money

of Great Britain, by equal quarterly payments, the first payment thereof to be made on the

day of

[or (if so agreed), upon the said day of
, (being the time of
the commencement of the tenancy) in advance, and as or for the next

(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 be longing, 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.

(2) If it be intended that the rent should be reserved weekly, say, "For the period or space of weeks, to commence from the

Rent reserved weekly.

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

Landlord to

keep the house

in repair.

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, three months 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 repair, 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. 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, he 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.

May distrain for

on notice.

(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.