It was understood, however, between the lessor and the lessee, that the former, in addition, was to have the _net receipts_ of the house on one night, to be called his benefit night, clear of all expenses, in every succeeding year; and that _his family_ should be free of the theatre, or possess the right of witnessing the performances there, at all times, without being liable to any charge as the consequence of their visits. The latter stipulation was correctly introduced into the covenants of the lease, but not so the former, _net profits_ being there stipulated instead of _net receipts_; the issue of which was, that Mr. Paine was called on to defray the expenses of his first benefit night, contrary to what had previously been understood, and orally agreed upon, between him and Mr. Fox. This circumstance had nearly given rise to an unpleasant litigation between the parties; in which Mr. Paine, in all probability, would have been the sufferer, for the want of a document to establish the propriety of his claim; but such a mortification and injury he preserved himself from, by having recourse to the following expedient:— The right of gratuitous admission to the theatre, to himself and family, as above specified, was undisputed; and as no place in the house was stipulated as the only part they should be permitted to enter in their visits, he determined to avail himself of his privilege to the full extent of its bearing. He, therefore, collected his family together, and with them entered the theatre for a succession of nights, resolutely occupying the best seats in the boxes, to the exclusion of other and more profitable applicants. The manager, thus opposed, and law and equity pronounced by the public as both in favour of Mr. Paine, consented to ratify his first agreement, and the system of warfare adopted to harass and punish him, ceased. Before the expiration of the fifteen years’ lease the house was found inadequate to the accommodation of the increased population of the town, and a new one was erected in Duke Street. The license for the theatre was yearly obtained from the magistrates at the Quarter Sessions at Lewes; and Mr. Fox, on finishing the house in Duke Street, applied for the removal of the license to that place. His application was granted, no opposition being offered to the measure by Mr. Paine. The latter, however, discovered the error of his non-resistance before the next application for the license became requisite, when his opposition to it was a matter of course; but which proved ineffectual from the delay, and the license was granted to the same house, on which, without opposition, it had been bestowed the year before. The family of Paine were, therefore, pecuniary sufferers of several hundred pounds per annum by this event, and for which the only compensation ever received fell short of one hundred and twenty pounds, or guineas.