FISHERIES, GAME AND FORESTS. 415 



sum is hereby appropriated for the purposes of this act, and the Forest Commission is authorized to 

 provide for the payment of the residue of such purchase price in ten equal annual installments, with 

 interest at the rate of three per centum per annum, payable semi-annually. 

 Sectio.v 3. This act shall take effect immediately. 



Subsequent to the passage of tills law, the Fisheries, Game ami I'"urest Cinninissiou 

 recei\ed the following proposal : 



To the Board of Commissioners of Fisheries, Game and Forests : 



Gentlemen. — For si.\ hundred thousand dollars ($600,000) William Seward Webb and the 

 Ne-Ha-Sa-Ne Park .'\ssociation offers to sell to the State seventy-five thousand acres or more, being 

 the land represented on the map submitted herewith comprised in Townships 38, 42 and 43, Totten & 

 Crossfield's Purchase, and the triangle North of Township 38, T. & C. P., the East third of Township 

 5, John Brown's Tract, and six parcels of land in Township 8, John Brown's Tract, all in the counties 

 of Herkimer and Hamilton. 



The lands offered to be sold are colored upon the blue print map submitted and attached hereto. 



Such offer is made under the Laws of 1895, chapter 561; the deed to be a warranty deed except 

 as to that portion of the Northeast quarter of Township 46, T. & C. P., situated in Hamilton County, 

 amounting to about two thousand acres; if the title to said two thousand acres shall prove defective, 

 said association will refund to the State on demand the sum of $17,000. Said Webb and said associ- 

 ation will release the State of and from any and all claim or claims for damages to such lands so 

 purchased, and also from all claims for damages to such premises as may be retained or owned by 

 said Webb or said Association and not purchased by the State. 



Said Webb and said association will permit the raising of the dam at Stillwater on the Beaver 

 River to the height of thirteen feet above the crest of the present dam, and in case the waters of said 

 Beaver River reservoir are hereafter so raised as aforesaid, the said Webb and the said association, for 

 themselves, their legal representatives and assigns, will release and relinquish any and all damages 

 that may be occasioned to any of the lands owned by said Webb and said association, or either of 

 them, by reason of such raising of said dam at Stillwater on the Beaver River, as aforesaid : 



Excepting and reserving from the land hereby offered to be sold, the right of way of the Mohawk 

 and Malone Railway Company, and the easement of all legally located highways ; and, also, the 

 easement of highway leading from Beaver River station to the road known as the State road, leading 

 to Stillwater; and, also, the easement of the roadway from the said highway to Stillwater to the 

 Beaver River reservoir at the point known as Grassy Point on the Beaver River, which !ast roadway, 

 if not now a legally located highway, will be legally dedicated as such ; 



Excepting, also, the merchantable soft wood upon all of the territory known as Township 8, 

 John Brown's Tract, and that portion of the east third of Township 5, John Brown's Tract, south of 

 the Beaver River, and certain portions of the southerly part of Township 42, T. & C. P., as are 

 covered by the four existing contracts made by and between W. S. Webb and the following named 

 parties, viz. ; Two contracts relating to Township 8, aforesaid, with Lemon Thompson, Edward 

 Thompson, Jr., and John A. Dix ; another contract to Firman Ouderkirk, and another to Moynehan 

 Brothers : 



Reserving, also, a right of way for the removal of timber, in the usual course of lumbering, across 

 and over the triangle north of Township 38, for the timber remaining upon the lands not sold upon 

 the watershed of the Oswegatchie Ri\er. 



The deed conveying the six tracts in Township No. 8, aforesaid, shall contain a covenant running 

 with the land, that none of the remaining land in said township belonging to the said Webb and 

 said association, or either of them, shall be used or sold for agricultural, manufacturing or other 

 purposes, except as mentioned in said Thompson contracts ; but that the same shall be used and 

 sold exclusively for permanent forestry, hotel, camp and cottage purposes ; and that in all deeds of 

 the same the said lands shall be subject to the restriction binding the purchasers thereof to a 

 perpetual use of such lands for such purposes, and also that said association and said Webb, or 



