FISHERIES, GAME AND FORESTS. 439 



The party of the second part shall cut, haul, saw and manufacture into lumber so much of the 

 timber within said boundary lines as may be called for by the party of the first part each and every 

 year during the continuance of this contract ; it being understood that the party of the first part is 

 bound to direct the cutting of at least three million feet each year, and he may require to be cut not 

 to exceed six million feet in one year, and shall give notice in writing to the party of the second part 

 on or before the first day of May in each year of the approximate amount of timber in the log required 

 to be cut and delivered at the mill during the period of one year from that date. The territory from 

 which the timber shall be cut each year shall be so selected and agreed upon between the parties 

 hereto as to insure the removal of the timber from points remote from the mill at which it is to be manu- 

 factured in like proportion as nearly as may be with the timber located convenient to said mill. The 

 territory to be covered by each season's operations shall be agreed upon on or before the first day of 

 June in each year, and all the merchantable timber covered by the terms hereof shall be removed 

 from said territory so agreed upon for the season's operations. 



The expense of scaling all logs under the operations of this contract, upon which an advance may 

 be asked or be made, shall be borne by the said party of the second part ; the party of the first part 

 shall be entitled to have a representative who shall be assisted in securing and making a correct tally 

 of all logs so scaled. Due notice shall be given by the party of the second part to the party of the 

 first part prior to the scaling of any logs to enable the carrying out of this provision. 



If the work done or to be done under the operations of this contract shall in the judgment of the 

 party of the first part be in any way neglected or mismanaged, thereby involving his interests, the 

 said party of the first part may call for the submission of the question as to whether the work is so 

 neglected or mismanaged to three persons, one of whom shall be chosen by the party of the first part, 

 one by the party of the second part, and the third agreed upon by the two thus chosen. The decision 

 of the three, or a majority of them, shall be binding upon the parties to this contract, and the 

 expense of procuring the judgment shall be borne by the party against whom the decision is rendered. 



In the event of the decision being in favor of the party of the first part, he shall have the undis- 

 puted right to enter upon the work and take charge of the prosecution of the same or any part thereof, 

 by his agents or otherwise, and at the expense of the party of the second part. 



The party of the first part reserves the right to withdraw from the operations of this contract any 

 portion or portions of the land within the boundaries named on payment to the party of the second 

 part of a sum to be agreed upon as liquidated damages, which sum shall be agreed upon between the 

 parties hereto, and based upon the approximate profit of the party of the second part, that would be 

 derived from the manufacture of the timber covered by the terms of this contract, standing upon the 

 said land so proposed to be withdrawn, but no claim for damages whatever shall be made by the 

 party of the second part on account of the withdrawal of any land from the operation of this 

 contract, after the first day of May, 1898. 



The party of the first part also reserves the right to terminate this contract on the following terms, 

 to wit : On six months' notice given in writing in the month of November of any year between the 

 years 1893 and 1898, provided always that the said notice shall give the party of the second part a 

 reasonable time to complete the manufacture of any timber already cut from the stump, and that said 

 notice shall contain a stipulation that a forfeit shall be paid to the party of the second part on or 

 before the day of termination named in said notice as follows : If the said notice be served during 

 November. 1893, then two thousand dollars shall be the sum named in said notice to be so paid. If 

 the said notice shall be served during November, 1894, then two thousand dollars shall be the sum 

 named in said notice to be so paid. If the said notice shall be served during November, 1895, then 

 fifteen hundred dollars shall be sum named in said notice to be so paid. If the said notice shall be 

 served during November, 1896, then one thousand dollars shall be the sum named in said notice to 

 be so paid. If the said notice shall be served in November, 1897, then five hundred dollars shall be 

 the sum named in said notice to be so paid, and if the said notice be served in November, 1898, or 

 during the month of November in any subsequent year, then no payment whatever shall be paid as a 

 forfeit ; it being understood that any payment so made in accordance with the notice so served shall 

 be as liquidated damages agreed upon by the parties hereto and not as a penalty. 



