440 REPORT OF THE COMMISSIONERS OF 



The party of the second part shall have the privilege of abrogating this contract at any time, by 

 giving six months' notice in writing to the party of the first part of his intention so to do, provided 

 that at the end of said six months he shall have manufactured an3 delivered as required herein all 

 logs manufactured during the previous years, and shall forfeit his ownership in the buildings, 

 machinery and plant for transacting the business herein provided for which may be upon the premises 

 of the party of the first part, not as a penalty but as liquidated damages, the amount of which is 

 hereby fixed and determined. 



The party of the first part shall pay to the party of the second part upon the faithful performance 

 of the agreements herein set forth, to be performed by the said party of the second part, the sum of 

 seven and one-half dollars per thousand feet, board measure, for the manufacture from the stump, of 

 spruce, balsam and pine, and ten dollars per thousand feet, board measure, for the manufacture from 

 the stump of cherry. Hemlock and other timber may be required to be manufactured, by the party 

 of the first part, upon terms to be agreed upon between the parties hereto. Any lumber sawed less 

 than one inch thick shall be reckoned at face measure for the purpose of computing the saw-bill. 

 The aforesaid prices to be paid for the manufacture of said lumber are understood to cover the whole 

 cost and charges for the manufacture from the stump and the delivery of the same, when sawed, 

 upon cars, properly loaded for shipment at the tail of the mill ; or, when cars are not provided by the 

 party of the first part, he, the said party of the first part, shall receive said lumber when sawed and 

 properly piled within fifty rods of said mill, at points convenient to the railroad track. It being 

 understood, however, that the party of the second part shall not be called upon to procure the laying of 

 any railroad tracks in order to accomplish the loading, piling or delivery of any portion of said lumber; 

 but that the said railroad tracks, if any are needed, are to be procured by the party of the first part. 



The party of the first part shall advance the sum of two dollars per one thousand feet, scale meas- 

 ure, Doyle rule, on the tenth day of each month for all logs skidded and scaled during the preceding 

 month. Also an additional sum of two and one-half dollars per thousand feet for all logs delivered at 

 the mill during the preceding month. The balance of the prices named herein shall be due and pay- 

 able on the 15th day of each month following that in which the lumber may be shipped or delivered 

 in completed piles as aforesaid. 



The party of the first part shall have the privilege of utilizing such of the refuse material at the 

 mill as may not be needed for fuel ; it being understood that the party of the second part shall remove 

 and dispose of any portion of such refuse not so utilized by said party of the first part or used for fuel 

 by the party of the second part. 



It is also understood that the piling of the lumber in completed piles shall be done in a workman- 

 like manner, well protected from the weather, and that the piling or loading on cars as aforesaid shall 

 be done on or before the first day of each month, for which payment is to be made ; and the marking 

 and measuring of said lumber so piled or loaded by the party of the second part shall constitute a 

 delivery, but no lumber shall be considered delivered unless it shall be in completed piles when not 

 loaded on cars as aforesaid. 



The party of the first part shall mark and measure the completed piles or cause the same to be 

 done monthly, on or before the first day of each month, on the application of the said party of the 

 second part. 



In Witness Whereof the parties hereto have hereunto set their hands and seals the day and 

 year first above written. 



W. S. WEBB. [L. S.] 



FIRMAN OUDERKIRK. [l. s.] 



Witness: Edward M. Burns. 



This Agreement, made and entered into, in duplicate, this eleventh day of September, 1895, by 

 and between William Seward Webb, of the City, County and State of New York, of the first part, and 

 Patrick Moynehan, of Glens Falls, N. Y., and Dennis Moynehan, Jr., of Newcomb, N. Y., both in- 

 dividually and as the firm of Moynehan Brothers, of the second part : 



