The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-26

answer Tie intcrrosa,ories numbered respectively l.
Sosthe.m Distrsc Of Nes FORK, Son this inn day :
December, n $780, bsfore ire personally appeared tn,
above named Dion Bonracaut and made oath that nc
has read the above bill ana kae the conents thereof
an shat The same Is true OF his own knowledge except
h. ibe matters which arc therein stated Information
ard tenti, and as to those matters he, believes to b.
true.
worn anu srhscrbed before me this 18th OF December
labs. r Z. SIuwgu, United states Commissioner
Here follows certificate of copyright, dated Dec IL
The affidavit Of Mr. Bourcicault embodes the facts sol
| forth il the above complaint.
! The following is copy u the agreement
This ag cement made the rst day of September In the
year one thousand eight hundred and any nine, between
Dion Boarcicauit, Of the city Of New York, party OF he
first part, and William stuart Of tho same place, party Of
/ The second psrt witnesseth-
whereas tho said party Of the second part has taken
esse Of the theatre nov known AZ tho Metropolitan thea
e from the executors OF the last will aud testament OF
John Lage, deceased for tho term of Two years from
the first day q September Thousand eight hundred
AND fity nne-H Is agreed by ard between the parties
bcreto that during tho said Of said saseto wiz Ave
years nom the tret day OF September nexthe said pxrty
Of the first part shall render tho services and perform tho
duties Of stage director OF said theatre and shall under
take and have the whole control OF said theatre except
that Of the treasury and box oce department. shall gvc
% said party Of the second part he aid OF his advice and
best superintendent Of tho season. select the artists sad
pieces and make suggestions OF all kinds for the promo
aop OF the best interest OF said theatre and lis manage
the sad party Of tho nrst have the WHOLE sole and
uncontrolled management Of the stage In all is depart
cause, from the employment Of said party Of the second
part, all persons employed whether artists servants
the department Of said party Of the first part that all
Ds, announcements and OF every descrp
ton relating to said theatre shall be madc and done BY
said party Of the FIRST part Alone but said party Of the
leot,ons Of entertain oaents and announcements but
said party OF the first part not authorized 70
any expenses behalf Of said theatre 70 give per-
INIT to be given therein any performances against the wish
Of the party Of the second part And It is further
agreed by and between the said parties hereto,
that Agnes Robertson Bourcicault, wife OF the
said party Of the FIRST part shall during said
term be engaged employed and play actress for
period OF ten weeks IN the fall and six weeks In the
spring Of each year. during the term hereby granted but
in the receipts Of any consecutive nights OF such
engagement Of the said wife Of party Of the first part
shall in their gross amounts be less than four
dollars then said party OF the second part shall have the
right 70 terminate that within six nights there
after by giving written notice OF his desire that effect
Let OF July each year when the fall engagement is to
commence, and the let day January ia each year
when the spring engagement is to commence; and said
Stuart may III bus option prolong each of these engage
ments for such further time as he may desire by giving
10 the said party OF the first part fifteen days
writing previously TO the termination of each any en-
gsgement but such proongaton Of said engagement shall
not be for less than tao weeks unless by special agree
ment in writing 70 that efect to be endorsed
pexa 70 these presents The said Agnes Robertson Bour
cicaut is not however, in any event. to be required
play between the let OF may May and August any
hereby covenanted and agreed by said Bourccau that
neither he nor his said wife, during the term of this lease
viii play at any other theatre in the city OF New York
during the for the sand theatre And 1t is further
agreed by aud between sad parties hereto, that said
party of the first part shall receive and be paid weekly
by said Stuart stage director afore
said the OF hundred dollars per week for each
ahy every week throughout the season. aud to have two
clear half benefits, in the fall and the other in the
spring Of each year that for the or the said wife
OF said party tho st part said party of the second
part to pay weekly hundred dollars for each and
nei n G %
the spring of each Year. And It is further agreed
that during said engagements OF the wife OF the said
party OF the first part all dramas produced by the party
Of the first part and al his the said party OF the first
part) performances the stage shall be taken and
scered TO be ncueod III, and paid for in the said
ration above provided that for other work be done
or services performed said party OF the rst part be-
thoec specified helcin shall be paid Tor as extra
such agreement made in wrlting And Is hereby under
stood that the words he season" used In these pre-
sen and Be applied ~ least ns
weeks Ia each year, and is agreed that the said theatre
shall be kept open for at least this period ~ eacn year
presents which may be deemed necessary from time 70
time and may be mutually agreed upon, shall be made
or annexed 10 these presents And is further agreed
by and between the parties hereto that any dherence
shall arise as 70 the true aud faI q sns IN
shs.eof Whether , IN Us !ssae
spirit the matters in difference shan oe suM W. finally
the FIRST part and by said party the second part;
and such two arbtrators cann agree they ltho said
arbHvatof5) sLah 80 - umpire, anu tuo Hnone y.
award Of any .co 81 w. three chosen shall be binding
and conclusive upon the sail parties, and the party IN
whose favor the said finding and award shall De gwen
Supreme Court without any turthsS notice 10 tn. s.ner
and legal steps will BIO taken penalties in
Cured as between the said parties until such arbitration
shall have been had decision hereunder obtained
In witness whereof the parties hereto have hereunto
Set names and seals the day and arst above
written W. STUART
DION BOURCICAULT
Scaled and delivered in presence Of THoe GRESHAM
PrRIIC ADMINISTRATORS OFFICE,
27l BROADWAY, New York, Nov. 20, 1859. !
D. BouRcICAULT
Ny DEAR SR-wil you have the kindness to send me
satemept Of the expenses, make them up so as
not TO exceed eighteen hundred dollars per week Yours
truly, LhoS. T. 81 FIELDS ED
STATEMENT or EXPENSES WEEK ENDING NOV. 30, 1859