[mclachlan] FLEURY MESPLET 91 



Himself, His Heirs Executors and Administrators, to pay or cause to 

 be paid unto the said Fleury Mesplet his lawful attorney their Exec- 

 utors and Administrators, the full and just sum of twenty-thousand 

 Livres ancient Currency of the sd. Province, equal to eight hundred 

 & thirty-three pounds six shillings and eight pence. . . . Halifax 

 currency, for which payment will and truely to be made & paid, 

 Alexander Henry of Montreal, merchant, present and consenting 

 testifyed by his becoming a party & signing these presents, doth 

 become responsible, & for and in the name of the sd. John Jacob Astor, 

 doth hereby bind and oblige himself his heirs executors & adminis- 

 trators to pay or cause to be paid unto the said Fleury Mesplet, the 

 said sum of twenty thousand Livres Ancient currency . equal to eight 

 hundred & thirty-three pounds six shillings & eight pence. . . Halifax 

 currency aforesaid, upon the conditions aforesaid — Provided allways 

 & it is the true intent and meaning of these presents, that if the said 

 John Jacob Astor, within the said term of nine calender months shall not 

 receive the whole of the aforesaid claim, but only part thereof, then and 

 in that case, & it is the true intent and meaning of the sd. parties, that 

 the sd. John Jacob Astor & his security Mr. Alexr. Henry aforesaid will 

 not be held liable to the payment of the sd. sum of twenty thousand Livres 

 on the contrary they and either of their Heirs Executors and Adminis- 

 trators, shall and they are hereby exonerated from the payment of the 

 same notwithstanding anything herein before said to the contrary. — 

 Nevertheless it is agreed by and between the said parties, that in 

 case the said John Jacob Astor shall at any time within the space of 

 nine calendar months aforesaid, receive any sum or sums of money in 

 the name and behalf of the said Fleury Mesplet for what reason or 

 cause soever, of and from the Congress of the United States, then and 

 in that case and it is the true intent and meaning of these presents 

 that the said John Jacob Astor, shall and will well and truly pay or 

 cause to be paid, one just half of all such, not deducting any cost 

 whatever for or by reason of the recovery of the same, for which just 

 half so to be paid to the said Fleury Mesplet the said John Jacob Astor 

 & Alexr. Henry His security, they and either of their Heirs Executors 

 & Administrators are hereby bound for the same. — And lastly if at 

 the expiration of the said nine Calendar Months the said John Jacob 

 Astor shall not have received any sum or sums whatever of and from 

 the Congress of the United States in the name and behalf of the said 

 Fleury Mesplet, then and in that case, these present articles of agree- 

 ment shall cease and finish and be of no effect whatsoever as if the 

 same had never been done or made, & the said Jacob Astor shall yield 



