88 THE ROYAL SOCIETY OF CANADA 



the said Astor on the Conditions aforesaid nevertheless, it is agreed 

 by and Between the said Parties and it is the true intent and meaning 

 of these Presents, that if the said Astor shall not recover the amount 

 of the Herein before mentioned Claims or the amount of that which 

 relates to the Pension at the rate of Twenty Dollars pr. Month as 

 aforesaid, within the space of Twelve months as aforesaid then & in 

 that Case the said Astor & Alexander Henry his Respondant his Heirs 

 or either of their Heirs Executors & administrators shall be and they 

 are hereby exonerated from the Payment of the said One I'housand 

 Dollars to the said Phillip Liebert, this clause becoming null and void, 

 as if these Presents had never been made notwithstanding anything 

 to the Contrary hereinbefore expressed, but that the said Astor, 

 or for him & in his name the said Alexander Henry his their or either 

 of their Heirs Executors and administrators shall well and truly pay 

 or cause to be paid unto the sd. Liebert his lawfuU attorney Heirs 

 Executors & administrators. Three fifths of all and every such sum 

 or sums of money as the said Astor shall have and receive of and from 

 the Congress of the united States, in the name & behalf of him the 

 said Phillip Liebert for what reason or cause soever & the other two 

 fifths, shall belong & appertain unto the said Astor as Compensation 

 for His trouble & Expences in prosecuting the recovery of the same 

 and in case the said Astor shall not Receive any sum or sums of Money 

 whatever in the name and behalf of the said Liebert Nevertheless the 

 said Astor shall not be Entitled to any cost or disbursments whatever 

 particular clause without which the said Phillip Liebert would not 

 have Consented to this present Agreement. 



And lastly the said Astor, hereby Binds & obliges himself to 

 warrant defend & keep harmless the said Phillip Liebert, against the 

 persons of Robert Allice & Nathan White or either, of them to whom 

 the said Phillip Liebert declares he hath giver^ a Power of attorney, 

 provided and it is hereby understood no further indemnification 

 than that the said Astor shall Refund unto the sd. Allice & White any 

 reasonable expence which they may have been at & incured in En- 

 deavouring to Receive any monies in the name & behalf of the sd. 

 Liebert by virtue of the Power of Attorney by him given unto them 

 as aforesaid. For thus was agreed between the said'^ Parties who for 

 the better fulfilling of all & every Clause and conditions herein con- 

 tained & the due Execution of these Presents, have fixed their domiciles 

 or places of residence to Wit, the said Astor, & Alexander Henry at the 

 dwelling House of sd. Alexr. Henry in this City Notre Dame Street, 

 & the P. Liebert at his usual place of abode, near the Court House 



1 Respective J. J. A. P. Li A. H. J. W. D. 



