An Agreement, made this seventh day of October A.D. 1862, between Thomas Barry agent of the Proprietors of the Boston Theatre, of the first part, and Edwin Booth Tragedian of the second part
1. That if the party of the second part shall well and truly keep, fulfil, and perform the covenants and conditions hereinafter contained, to be kept and performed, he shall have the use and occupation of the Boston Theatre, with the wardrobe, scenery, dresses and properties, for the purpose of giving dramatic performances as now given by him in the city of New York but for no other purpose for the period of four weeks commencing on the 24th day of Novr. next
The said party of the second part yielding and paying therefor three hundred and fifty dollars to the party of the first part for each week, on the Monday thereof, in advance And the said party of second part may have the use of theatre for a third week on the same terms and conditions if he thinks fit by giving notice in writing to the party of the first part seven full days in advance
2. That the said party of the second part shall pay all charges for gas, gasmen, box-office, and ticket-seller, cleaning and heating; and the party of the second part
shall pay all other charges that may be incurred, and shall employ and pay the following persons, ward box office keeper fifteen dollars per week, [illegible] housekeeper ten dollars per week, Johnson and Weld, Carpenters, thirty six dollars per week, Kelly, Porter, nine dollars and twenty five cents per week, Sullivan Watchman, eight dollars and seventy five cents per week, Dasey [property?] as [and?] assistant eighteen dollars per week. [J. M.?] [Gillard?] wardrobe keeper, six dollars per week [illegible] Caffrey set cleaners fourteen dollars per week, Wilkinson and gas men eighteen dollars and fifty cents per week, and [illegible] Engineer (if [illegible] are required) ten dollars per week and shall pay all other expenses that may be incured in opening and carrying on said theatre
3. That during the period for, or during which the party of the second part shall have the free use of said Theatre, the Directors thereof shall have the exclusive use of their private box, and shall have free access and admission at all times to all parts of the house, and the Stockholders shall have and enjoy all the privileges secured by the 12th section of their By-laws, as now existing, or as the same may be amended,
4. That during the period the said party of the second part shall have the use of the said Theatre, the doorkeepers and ushers employed therein shall be subject to the
approval of the Directors and of the party of the first part, and they shall have the power to remove any of them,
5. That Thomas Barry, shall have and retain all his privileges and superintendence of the Theatre and property therein. and no scenes, dresses, or properties shall be repainted, altered, or removed, without his consent, and he shall at all times have the entire oversight of all the property of the Proprietors, and the right at any time to interfere to prevent any detriment or injury thereto, and take into his possession any of the articles of personal property when he shall deem it expedient so to do.
6. That all the articles of scenery, wardrobe, furniture, or properties, which shall be used by said party of the second part, shall be surrendered and given up, at the expiration of
In the same good order as when received, reasonable wear and tear, and accident by fire or other unavoidable casualty only excepted.
7. The agreements herein contained to be performed by the party of the second part, are hereby declared to be the conditions on which he to be entitled to the use of the said Theatre, and on the failure to observe and keep any thereof, the party of the first part shall have the right to exclude the party of the second part and his servants therefrom, without demand or notice, and to prevent any further performance or exhibition by him or his artists on his part, and to prevent the curtain from being raised.
In Witness Whereof, the parties to these Presents have signed the same, the day and year first above written.
Witness: Thom Barry