Eight shillings and two pence as aforesaid and permitt the same to goe to the use of the Company provided they would act the said play the then next Winter one day for his the said Complt's Benefit instead of the third day aforesaid he paying or allowing out of the Receipts on such day in Winter the constant and incident charge thereof and alsoe what money the Receipts on the said second day of acting the said play wanted to make up the full charge for that day being Twelve pounds one shilling and ten pence as aforesaid which this deft as well as most of the Cheife Actors Consented to or to such effect And thereupon the said Treasurer made the full Receipts on the third day of acting the said play called the Tender Husband to be charged for the use of the Company without chargeing any part thereof paid to the Complaynant in regard the Complaynant refused to receive the profitts due to him for that day But chose to have a day in Winter in Leiu thereof as aforesaid And this deft sayth that in pursueance of such Request made by the Complt to this deft and the Cheife actors as aforesaid a day was appoynted in the winter following according as the Complaynant desired and Bills were sett up the day before it was to have been acted and it was ordered by this deft to be geven out that Night and Bills putt up for the same to be acted the next day for the Author's Benefitt; But a little before it was to have been given out the Complt forbidd the same to be given out on the Stage or putt into the Bills for his Benefitt saying that he did not thinke there would be such an Audience att it as would please him or used words to some such or the like Effect But how ever the same play was acted on the then next day and the whole Receipts that day being Thursday the Twentyeth of November[153] one thousand seaven hundred and ffive amounted to sixty ffower pounds three shillings and Six pence and noe more (as this deft beleives & is informed by the said Treasurer) which was about two pounds seaventeen shillings more then the Receipts came to on the said third day that the same play was acted as aforesaid which two pounds seaventeen shillings and Six pence this deft and the said principal Actors were willing should be paid to the said Complt as well as the summe of Ten pounds Eight shillings and two pence before menconed And this deft sayth that as to the Ten pounds Eight shillings and two pence which was due to the Complt out of the Receipts of the said third day according to the Agreement before menconed this deft never received the same or any part thereof nor the said two pounds seaventeen shillings and six pence But both the said Summes remaine in the said Treasurers hands for the use of the Complt as this deft beleives And this deft gave order to the said M^r Baggs the Treasurer to pay the same to the Complaynant amounting together to Thirteen pounds ffive shillings and Eight pence as this deft computes