FISHERIES, GAME AND FORESTS. 449 



being understood, however, that this stipulation does not prevent the removal of any timber 

 previously cut under said contracts upon said Township eight (8) for one year after the expiration 

 of said eight years. 



Third Exception and Resfn'tition. — It is also expressly agreed and understood thnt all the 

 merchantable softwood sawing timber is also reserved and excepted from this conveyance upon all 

 the territory upon the cast third of Township five (5) south of the Beaver River, together with the 

 right of removing such timber in the usual course of lumbering, doing no unnecessary damage. 

 The said merchantable softwood sawing timber now being under contract for the removal thereof 

 with one Firman Ouderkirk, which said contract is dated the 21st day of October, 1893, a copy of 

 which is annexed hereto marked "C," and the same forms a part of this deed as if here set forth in 

 full. It is covenanted and agreed by the parties of the first part that all lumbering operations 

 under the said Ouderkirk contract, upon the lands above conveyed, are to cease on or before the 

 first day of January, 1898. 



Fourth Exception and Rcsenratioii. — It is also agreed and understood that the softwood sawing 

 timber is reserved and excepted upon the following lots in Township forty-two (42), Totten & Cross- 

 field's Purchase, viz., as are south of the Beaver River: Lots thirty-nine (39), forty (40), forty-one 

 (41), forty- two (42), forty-three (43), forty-four (44), forty-five (45). fifty-two {52), fifty-three (53), 

 fifty-four (54), fifty-five (55), fifty-six (56), sixty-five {65), sixty-six (66), sixty-seven (67), sixty- 

 eight (68), sixty-nine (69), seventy (70), seventy-one (71), seventy-two (72), seventy-three (73), 

 seventy-four (74), seventy-five (75), seventy-six (76), eighty-five (85), eighty-six (86), eighty-seven 

 (87), eighty-eight (88), eighty-nine (89), ninety (90), ninety-one (91), ninety-two (92), ninety-three 

 (93), ninety-four (94), ninety-five (95), ninety-six (96), one hundred five (105), one hundred six 

 (106), one hundred seven (107), one hundred eight (108), one hundred nine (109), one hundred ten 

 (i 10), one hundred eleven (i 1 1), one hundred twelve (112), one hundred thirteen (113), one hundred 

 fourteen (114), one hundred fifteen (115), one hundred sixteen (116). 



The merchantable softwood sawing timber upon so much of the said lots in Township forty-two 

 (42), Totten & Crossfield's Purchase, which is south of the Beaver River, is under contract for the 

 removal thereof with the said Kirman Ouderkirk and with Patrick and Dennis Moynehan, constitut- 

 ing the film of Moynehan Brothers, a copy of said contract between the parties of the first part and 

 said Moynehan Brothers is hereto annexed marked " D" and forms a part of this deed. 



Fifth Exception and Reservation. — It is also agreed and understood that a right of way is 

 reserved for the removal of the timber on the water-shed of the Oswegatchie River remaining upon 

 the lands of the parties of the first part not herein conveyed, such right of way to be across and over 

 the triangle north of Township thirty-eight (38), Totten & Crossfield's Purchase, and Township 

 thirty-eight (38), Totten & Crossfield's Purchase, to be by roadways only. 



Sixth Exception and Reservation. — Excepting and reserving also a right of way for teams, wagons 

 and vehicles, where now used from the railway stations at Beaver River and Little Rapids on the 

 Mohawk and Malone Railway, across and over said lands above described to Township thirty-nine, 

 Totten & Crossfield's Purchase, for the use of the owners of said Township thirty-nine (39), Totton & 

 Crossfield's Purchase, their heirs and assigns. 



Seventh Exception and Resemation. — It is expressly agreed and understood that the right is 

 resen/ed to the said parties of the first part, their heirs and assigns, to cut and move any of the 

 decaying timber now standing within the present or enlarged flow ground of the said Beaver River 

 reservoir upon the lands above conveyed, and such timber is hereby excepted from this conveyance. 



Together with all the right, title and interest therein of the parties of the first part in and to said 

 lands, except such as are herein excepted and reserved. To HAVE and to hold the lands and 

 premises above described unto the party of the second part, its ■successors and assigns forever, subject 

 to the reservations and exceptions above contained. 



It is expressly covenanted and agreed between the parties hereto as follows : 



29 



