Five Curious Legal Documents actually used in the Yoshiwara in 1902.
(No. 1.)
Agreement.
Whereas I _______________, being unable to maintain myself, have consented to _______________’s practising prostitution in your establishment for the purpose of aiding in my support, it is hereby agreed as follows:—
Art. 1.—I acknowledge and confirm the fact that I have consented to _______________’s practising prostitution in your house for a period of _______________.
Art. 2.—I hereby acknowledge the receipt of the sum of Yen _______________ which you have advanced to me at the rate of _______________ per annum as regards interest.
Art. 3.—The principal and interest mentioned in the proceeding Article shall be repaid out of _______________’s income derived by her in her practice of prostitution. Provided that her entertainment fee per head shall be fixed at ____, whereof _______________ is to be given to her as pocket-money, and the balance of _______________ is to be applied to the repayment of principal and interest.
With regard to the “entertainment fee� mentioned in the proceeding paragraph, it is agreed that you may, at your convenience, either increase or decrease the rate, and that even in such case the money is to be applied according to the same proportion as that mentioned in the said preceding paragraph.
The portion of her earnings hereinbefore mentioned as yours is to be applied for the expenses of maintaining the Yoshiwara Hospital and other fixed expenses; but the cost of board while in the hospital is to be paid by herself.
If at any future time further advances are made by you, or if you kindly disburse for us the cost of medicine and the expenses of board in the hospital, such monies shall be repaid in the following order and manner:—
- (1) Cost of medicine.
- (2) Board in hospital.
- (3) Interest on all loans.
- (4) Principal of further loans.
- (5) Principal of original loan.
Art. 4.—It is further agreed that she will, of course, lodge in your house and practice the business faithfully during the term of the agreement, that she will strictly observe the regulations relating to the business, and any other Articles or customs which should be respected for the regulation of the brothel-quarters; and further that, no matter what be the circumstances, she will neither relinquish or suspend the business nor change her lodging place until both the principal and interest of the liability towards yourself are finally cleared off. Provided, however, that in case you should, at your convenience, alienate your brothel-keeping business, or require us to change the lodging-place, your directions will be respected and no objection to the change will be raised against your wishes, except for proper and valid reasons.
Art. 5.—My portion of the profit being determined according to the rate specified in paragraph 1 of Article 3 hereof, I shall not be interested or concerned in respect to any other income derived in connection with your brothel-keeping business.
Art. 6.—With regard to any personal property belonging to _____________ it is agreed that the same is pledged as security for the loan mentioned in Article 2 hereof, irrespective as to whether it is now actually in existence or may be acquired at any future time in the course of practising the business; and the said property shall be neither taken out, delivered to others, pledged, sold, nor otherwise alienated.
Art. 7.—In case _______________ falls ill before the loan from you is cleared off and consequently cannot practice the business, she shall undergo a medical examination by a physician at the Yoshiwara Hospital; and if his diagnosis shows that there is no prospect of her being able to resume her calling, it is agreed that the pledged articles belonging to the said _______________ shall be sold by you in the presence of one of the guarantors, and that the proceeds of the sale shall be applied to the repayment of the principal and interest of the loan. In case any deficiency arises, the liability in respect thereto will be undertaken and fulfilled jointly and severally by the guarantors and the principal, the said guarantors assuming joint and several liability among themselves.
Art. 8.—Should the principal party abscond, conceal her whereabouts, etc., the guarantors will forthwith enquire after her and bring her back to resume her business; and as to the time which has elapsed during the period of her desertion, application will be made forthwith to the Police Station for the purpose of having the term of agreement mentioned in her license extended by the number of days during which she was absent, and of procuring renewal of the said license. If her whereabouts cannot be ascertained, or if she dies, the pledged articles belonging to her are to be sold by you in the presence of one of her guarantors and the proceeds to be applied to the repayment of the principal, and interest of the loan. Any deficiency will be made good by the guarantors and the principal all being jointly and severally responsible, and the guarantors undertaking the liability jointly and severally among themselves. In case of the death of the principal, the guarantors will take delivery of her corpse.
Art. 9.—Should there be any portion of the loan standing unpaid at the time of the maturity of the term of the agreement, you are at liberty to sell the pledged articles belonging to the said _______________ and to apply the proceeds towards the repayment of such unpaid portion of the loan. Any deficiency arising will be made good by the guarantors themselves, and you will be protected against any loss or annoyance.
Art. 10.—It is specially agreed that in case any of these Articles should be infringed, or should any other dispute arise between the parties, the case shall be considered as within the jurisdiction of either the T�ky� Local or District Court.
The above Articles of Agreement being duly accepted by the parties, we hereby undertake not to infringe the provisions thereof; and in order to avoid future misunderstanding and trouble, we have drawn up this document and signed and sealed the same hereunder.
Dated _______________
(Signatures) _______________
(No. 2.)
Deed of Loan.
The sum of Yen _______________ together with interest at the rate of _______________ per annum.
We hereby acknowledge that the above sum of money has been borrowed from you to meet the requirements for ____________’s carrying on of the business of a prostitute. Repayment of the money will be made according to the provisions of an agreement dated ________________, and we have therefore no objection to your treating the matter accordingly.
In order to avoid future misunderstanding and trouble, we have drawn up this document and signed and sealed it hereunder.
Dated _______________
(Signatures) _______________
(No. 3.)
Power of Attorney.
I, _______________, being about to commence business as a prostitute at _______________ in the Urban Prefecture of T�ky�, hereby give and grant unto _______________ the following powers:—
1.—To manage all matters connected with the application for a license for practising as a prostitute, and to sign and seal as attorney for me all necessary papers and documents.
2.—To contract any further loan or loans from the brothel-keeper, while I am practising as a prostitute, to the actual amount of Yen ___________, and to sign and seal as my attorney the documents relative to such loan or loans.
3.—In case of the alteration of the lodging-place at the convenience of the brothel-keeper, to borrow money from the new brothel-keeper, to determine the manner in which the money is to be repaid, to enter into any other agreement or contract in connection with the practice of the business of a prostitute, to sign and seal as my attorney various papers and documents, and to perform any other acts or deeds.
4.—To manage all my personal affairs while I am practicing prostitution.
5.—To appoint a substitute to manage or perform any of the matters entrusted to you.
I hereby certify that the above matters are duly entrusted to you, and beg that you will manage everything in accordance with the regulations; I pledge you my word that I will not raise any objection at any future time to anything which may have been done by you in the premises; and it is further specially agreed that this power of attorney will not be cancelled unless with your consent.
In witness whereof, I have drawn up this power of attorney and signed and sealed the same hereunder.
Dated _______________
(Signature) _______________
(No. 4.)
Resolution of the Family Council.
Resolved:—
Art 1.—That permission is given to _______________ to practice as a prostitute in the Urban Prefecture of T�ky�.
Art. 2.—That _______________ may borrow the sum of __________ from _______________, a brothel-keeper, contract any further loans not exceeding the actual amount of _______________, and enter into an agreement (as per draft) hereto attached.
Art. 3.—That in case the brothel-keeper ______________ alienates the brothel-keeping business at his convenience, or causes ______________, change her lodging place, ___________ may borrow from the new brothel-keeper the sum of Yen _______ or contract any further loan not exceeding the amount of Yen ______________, he may determine in the exercise of his discretion the manner in which the repayment of the loans are to be paid, enter into further various agreements relating to the practice of the business of a prostitute, and do any and all other acts and deeds in connection therewith.
Art. 4.—That for the purpose of performing any acts or deeds in relation to Articles 2 and 3, ____________________ may appoint any substitute under him and give to such substitute power to perform all such acts and deeds.
Date _______________
(Signatures) _______________
(No. 5.)
Letter of Request.
________________ being now prepared to practice as a prostitute, I am very much obliged to you for your kind consent to my request to guarantee the agreement. Under these circumstances, I promise that I will respect and observe the said agreement and not cause you any trouble whatsoever. When it is necessary to sign and seal papers filed with the proper authorities in connection with the practice of prostitution, I beg that you will kindly sign and seal the same, and that you will, when necessary, sign and seal the documents re additional loans as attorney for ___________, and kindly guarantee the repayment of the said loans. I further request that you will look after her in all matters affecting her interests while engaged in the business of prostitution. If you act as above, the principal party will never act contrary to your directions, and ___________ too will raise no objections.
In witness whereof, I have hereby drawn up this letter of request and signed and sealed the same hereunder.
Dated _______________
(Signature) _______________
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