FISHERIES, GAME AND FORESTS. 44 1 



WITNESSETH, that for and in consideration of the mutual covenants and agreements herein con- 

 tained and for and in consideration of the sum of one dollar ($1) each to the other in hand paid at or 

 before the execution of these presents, the receipt whereof is hereby acknowledged and confessed, 

 have agreed as follows : 



j^/>j/.— The party of the second part agrees to cut and deliver as hereinafter provided all the 

 merchantable sawing spruce, pine, balsam, cherry, basswood and white ash timber as may be 

 determined by the party of the first part, standing or being on Township 42 Totten & Crossfield's 

 Purchase, south of the railway of the Mohawk andMalone Railway Company and upon that portion 

 of said Township 42 that is south of the Beaver River the timber from which is tributary to said rail- 

 way, said timber so to be cut being on the following lots in said Township number forty-two (42), 

 viz. : 54, 55, 56, 57, 67, 66, 65, 64, 74, 75, 76, 77, 87, 86, 85 and 84. 



It is understood and agreed that in cutting said timber the parties of the second part are to cut 

 the same into logs in lengths as follows : unless otherwise mutually agreed between the parties 

 hereto, viz.: All spruce butts suitable for sounding-boards are to be cut into logs 13 feet 4 inches in 

 length; all spruce and hemlock for lumber are to be cut into logs 13 feet 4 inches unless otherwise 

 ordered; all pine is to be cut into logs 12 feet, 14 feet and 16 feet in length as the timber will best 

 work to advantage; no 16-foot logs are to be cut unless called for by the party of the first part, save 

 when necessary for a given piece to be cut to advantage, and in case the party of the first part calls 

 for the cutting of 16-foot logs more than is so necessary, such additional 16-foot logs are to be subject 

 to an extra charge of ten cents per standard log for cutting and hauling. The ash, cherry and bass- 

 wood timber is to be cut into logs of the length of 10 to 14 feet as may be ordered by the party of the 

 first part. 



No spruce, hemlock or pine is to be cut that will not measure 10 inches in <liamctcr at the stump 

 2 feet from the ground; and no ash, cherry or basswood to be cut that will not measure 12 inches in 

 diameter at the stump two feet from the ground. 



In cutting said timber the parties of the second part agree to do no unnecessary damage to the 

 remaining timber not cut. 



The parties of the second part also, for themselves, their contractors, servants and agents, agree 

 not to set or spread any forest fires ; and as to any fires that may occur on any of the lands of the 

 party of the first part adjacent to or accessible to the parties of the second part or their contractors, 

 servants or agents, the parties of the second part agree to aid with their servants, contractors or 

 agents in all possible ways in the extinguishment thereof, whether such fires be occasioned by the 

 sei-vants, agents or contractors of the parlies of the second part in their operations under this contract 

 or otherwise. 



In cutting said timber the parties of the second part agree to cut or lop all large branches of such 

 tree tops as may remain on the ground, so that the weight of the winter's snow will crush the limbs 

 to the ground. 



The parties of the second part agree in cutting said logs to skid, draw and bank all the butt 

 spruce logs suitable for sounding-board lumber separately from the other lumber, and for so keeping 

 said sounding-board butts separate from the other logs the party of the first part agrees to give the 

 parties of the second part five cents per standard log extra compensation. 



It is expressly agreed and understood that the parties of the second part, their servants, agents or 

 employees are not to hunt or fish upon said lands, and the parties of the second part agree to prevent 

 all such hunting and fishing; and hunting and fishing implements are not to be brought upon the 

 lands of the party of the first part by the parties of the second part, their ser\'ants, agents or con- 

 tractors ; and it is especially agreed that in case any of the employees or agents of the parties of the 

 second part be apprehended in hunting or fishing upon the lands of the said Webb, or if hunting or 

 fishing implements belonging to or used by said parties of the second part, their servants, agents or 

 contractors be found upon the lands of said Webb, the following sum shall be forfeited as liquidated 

 damages to be deducted by the party of the first part out of the moneys agreed to be advanced by him 

 as hereinafter provided. 



