Forms of Contracts between Brothels and Courtesans.

The following is the text of a form of contract used at Susaki. It is practically the same as that used in the Yoshiwara:—

一金 借用金高

内譯

金

金

右借用金ニ對シ貸座敷ト結約スル證書謄本左ノ如シ

結約證書

一金

但シ利子ハ一ヶ月ニ付元金ノ百分一トス

右ハ自分義無據事情有之親戚承諾ノ上貴殿放ニ於テ娼妓稼業致候ニ付前書ノ金額正ニ借用致候處確實也然ル上ハ自分稼高所得ヲ以テ返金ノ目的トナシ左ノ項々結約仕候

一 楊代壹個金 ト定メ内金 ヲ自分所得トシ此内ヨリ小遣金 ヲ引去リ殘金 ハ前記借用金元利償却可致ニ付日々稼高ニ應ジ計算ノ上御受取可被下候事

二 稼業中金圓時借致候トキハ本金ニ拘ラス當月ノ稼高所得ヲ以テ直チニ返金可致候事

三 洲崎病院入院中ノ食費ハ自辨可致ニ付本金ニ拘ラス退院當月ノ稼高所得ヨリ御引去リ可被下候事

四 時借及入院食費トモ當月ノ稼高ニテ返濟難相成トキハ本金ニ結込ミ第一項ニ依リ御計算可被下候事

五 營業ニ關スル自分所有品ハ借用金ノ抵當ニ差入置候故ニ他ヘ持出シ又ハ質入賣却致間敷候事

六 稼業年限明治 年 月 日ヨリ明治 年 月 日マテハ必ス貴殿方ニ於テ稼業可致若シ年限内廢業又ハ稼換致候トキハ即時借用金元利皆濟可致候事

七 病氣ニ罹リ稼業難相成トキハ醫師ノ診斷ニ任シ擅ニ休業又ハ廢業致間敷候事

八 入院休業等ノ爲メ非常ノ立換金ヲ受ケ又ハ逃亡其他稼業ニ不誠實ナルカ爲メ滿期ノ節借用殘金之候トキハ廢業ノ即日壹時皆濟可致候事

九 滿期又ハ癈疾ニ罹リ廢業ヤシトキ及死亡シタルトキハ保證人ニ於テ引取リ貴殿ヘ御迷惑相掛申間敷候事

十 第九項ノ場合ニ於テ借用金返濟不想成トキハ保證人立合抵擋品ヲ賣却シ該代金ヲ以テ償却可致候事

十一 第六項第七項第八項ニ違約シタルトキ又ハ逃亡後三十日ヲ經過スルモ立戾ラサルトキハ抵擋品賣却代金ヲ以テ借用金償却ニ充テ尙ホ不足アルトキハ特約トシテ本證連署ノ人名一同連帶ヲ以テ辨償ノ責ニ任シ若シ連帶者中如何ナル事故有之候トモ殘リノ者ニ於テ引受ケ辨金可致候事

右之通り結約候處如件

明治 年 月 日

本人

保證人

貸座敷 殿

右之通り結約仕候也

娼妓

貸座敷

The following is the text (translated) of an actual agreement which was cancelled by mutual consent:—

Memorandum of Agreement.

2 Sen Revenue stamp. 2 Sen Revenue stamp.

Yen 90. Bearing interest at the rate, of 1% (one per cent) per month.

With respect to the above, owing to unavoidable circumstances, I agree, with the consent of my relatives, to practise the profession of a courtesan in your establishment. In this connection I have borrowed from you the sum of money herein-above-written, the due receipt of which I hereby acknowledge. In consideration of the premises, and with the intention of repaying the loan to you from my earnings, I hereby agree to the following clauses of this contract:—

1.⁠— My fee for each guest is fixed at 25 sen. Out of each fee 12 sen will appertain to myself, 3 sen being kept for my personal pocket-money while 9-1⁄2 sen will be applied to the reduction of the principal and interest of my debt. You will please deduct the (latter) amount from the total of my daily earnings when the accounts are made up.

2.⁠— Should I contract temporary loans during the period of my service, the monies shall be promptly returned out of my earnings for the current month, and such temporary loans shall be separate and apart from, and have nothing to do with, the capital loan contracted under this agreement.

3.⁠— As my living expenses during detention in the hospital are a charge payable by myself, you will please deduct the same from my earnings during the current month. These expenses shall have no connection with the capital loan contracted under this agreement.

4.⁠— Should I at any time be unable to repay out of my earnings temporary advances, or living expenses while in the hospital, during the current month in which such charges are contracted, you will please add the amount to the capital loan to be accounted for as per Article 1.

5.⁠— My professional possessions are hereby pledged for the amount of my debt, therefore I will neither carry them out elsewhere, pledge them, nor sell them to other parties.

6.⁠— The term of service contracted for is from the 20th December, 1895, to the 9th October, 1900, and during that period I will not fail to practise my calling in your house; but should I abandon the profession, or move to another establishment during the term, it is agreed that I am to repay forthwith the whole amount of loan and interest due thereon.

7.⁠— Should I fall ill and become unable to attend to business, I shall leave the matter in the hands of the doctor and abide by his diagnosis, and I promise not to rest from work or abandon my profession on account of arbitrary personal caprice.

8.⁠— When this agreement expires, should there be a balance of money owing to you by reason of extraordinary advances made by you in connection with my entering the hospital, resting from business, etc.; or in connection with my flight (abscondence) or other faithless (disloyal) conduct, I am to repay to you the whole amount of such balance on the same day that I give up the profession.

9.⁠— When I give up business on the expiration of this agreement, or should I fall sick, be disabled, or die, my guarantor will receive me and will positively not cause you any trouble or annoyance.

10.⁠— Under the circumstance’s mentioned in Art. 9, should the amount of debt not be duly repaid, the articles held in pledge by you shall be sold, in the presence of my guarantor, and the proceeds shall be applied to the clearing off of the debt.

11.⁠— Should I commit a breach of agreement in violation of Articles 6, 7, or 8, or should I abscond and not return within 30 days, the articles pledged shall be sold, and the proceeds applied to the clearing off of the debt. Should a balance still be left, it is specially agreed that all the persons whose names appear as joint signatories to this contract shall be liable for the repayment of the amount involved. Should any of the persons liable be unable to discharge the debt, the remaining persons shall be responsible for repayment.

Agreement entered into is as above.

20th December, 1895.

Borrower _______________ (signature)

Guarantor ______________ (signature)

(Address) ______________

To

Mr. Nishimura Etsusuke

Brothel-keeper.

I have witnessed the above agreement.

(signed) Sunaga Yonezō

Vice-Superintendent of the brothels, tea-houses, and courtesans of Susaki.

No. 453.

The following is a specimen of an average contract from an actual document and will serve to illustrate the matter. This contract is one used by the Kanagawa brothel called “Jimpurō” (commonly known as “No. 9.”)

Memorandum of Agreement. Relative to a Loan of Money.

Yen—Four hundred.

Provided that interest on the above shall be in accordance with the Government Regulations.

With respect to the above I hereby acknowledge that as I have no means of livelihood, and practice the profession of a courtesan by official sanction, I have borrowed from you the above-written sum of money, and in consideration thereof I hereby agree to the following clauses of this contract:

1.⁠— I will strictly comply with the regulations relative to courtesans.

2.⁠— I will commence business on the ____________ year ____________ month ____________ day of Meiji, and continue until the ____________ year ____________ month ____________ day of Meiji, and on the completion of this term of three years will forthwith return my license to the Government. It is understood that should I enter the Lock hospital during the term, the number of days shall be clearly noted in writing, and I shall apply for official sanction to continue longer in the business for a corresponding period of days. Should I not have repaid the loan when the time comes to return my license, I will enter into an agreement to repay the same entirely.

3.⁠— I will gradually repay the loan from my earnings as a courtesan, and while the same is not all repaid, I will work faithfully and diligently. I will never rest from work without good reason, neither will I do anything calculated to interfere with or hurt your business.

4.⁠— I will pay the prostitute tax provided by the regulations from my own earnings.

5.⁠— I will divide the amount of my earnings into two portions, one of which I will give up to you as room-hire and other sundry expenses. From the remaining half I will repay the loan to you at the rate of 15 per cent of my receipts, and the balance (35 per cent) will be taken by me as my own. It is understood that having agreed to halve the money as above, even should the amount of my earnings be insufficient to pay the expenses of my board, I shall not pay out any other money.

6.⁠— The account of repayments of the loan shall be balanced twice a month, for which purpose the landlord and the courtesan shall both keep books of the account wherein shall be set down entries to agree the one with the other, and at the end of each month such entries shall be stamped by both parties in each other’s presence. With regard to the clothes which I use in the profession, and also my other effects as per separate list attached herewith, I hereby pledge and mortgage the same to you as security for the hereinbefore-mentioned debt.

7.⁠— Should the owner of the prostitute house consider that the coming of any particular guest will be unprofitable, even although he (she) should send such guest away with a refusal I shall certainly not complain, but comply with his (her) wishes.

8.⁠— Should I abscond during the term of engagement, fall sick, or desire to discontinue the business and change my residence owing to certain circumstances, but be unable to repay the above-written debt, I will not remove or cease practising the business until my guarantor has paid the entire amount.

9.⁠— Any special debts which may be contracted by private arrangement between the parties shall have no connection with the present agreement. It is nevertheless understood that should I be unable to pay the fees and expenses while in the Lock hospital, any money I may borrow from you under that head will be added to the amount of the present loan.

10.⁠— In respect to the monthly balancing of account as per above-written (Art. 6), in order that there may be no objection or dispute, the books of both parties shall be submitted to the Director of the “Three Professions,” who shall be requested to seal the same officially after inspection.

In Witness whereof we the undersigned have hereunto set our seals together with those of the guarantors, in order that there may be no breach of the foregoing agreement hereafter. Meiji _________ year _________ month _________ day.

Borrower ____________________________ L.S.

Guarantor (father) __________________ L.S.

Address ______________________

Guarantor (mother) __________________ L.S.

Address ______________________

To the Mistress of the Brothel.

I hereby seal the foregoing instrument in witness that its contents are in order.

Kanagawa Tachibana-gōri, Kanagawa-Eki,

(Signed) Shimazaki Kyujirō.

Director of the “Three Professions.”61