FISHERIES, GAME AND FORESTS. 425 



Company, the right to cut out and remove trees along the east side of the said right of way on Town- 

 ship eight John Brown's Tract, and clear the ground for the sole purpose of affording to passengers 

 on said railway a view from car windows of the mountain scenery in the valleys to the east, said 

 cutting and clearing to be under the supervision of the Board of Fisheries, Game and Forests, and 

 with their permission, and to no greater an extent than they sanction. Reserving also to the said 

 Mohawk and Malone Railway Company the right to cut and remove any trees that may stand upon 

 the lands above agreed to be conveyed along the right of way of said railway, which are likely to fall 

 or be blown upon the tracks of the said Railway Company. And excepting and reserving also the 

 easement of all located highways across, along or upon said land, and also the easement of the 

 highway leading from Beaver River Station on the Mohawk and Malone Railway 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, to the point known as Grassy Point, on the Beaver 

 River, and also the easement of a projected highway across Township eight from Racquette Lake to 

 Clearwater, and also the easement of a projected highway around the Fulton Chain of Lakes from 

 Old Forge to the upper end of Fourth Lake. 



Second Exception and Reservation. — It is also expressly agreed and understood that all of the 

 merchantable soft wood sawing timber standing or being upon Township eight (8) John Brown's 

 Tract, is reserved together with the right of removing the same in the usual course of lumbering 

 operations, doing no unnecessary damage. The manner in which said sawing timber is to be 

 removed is contained in contracts between the parties of the first part and Lemon Thomson, John 

 A. Dix and Edward Thomson, Jr., and Firman Ouderkirk, copies of which are hereto annexed 

 marked respectively B, C, and D, and the same form a part of this contract the same as if here set 

 forth in full. 



It is expressly understood and agreed that no softwood sawing timber is to be cut from said Town- 

 ship eight (8) under said contracts hereto attached after eight years from the first day of January, 

 1896. It being understood, however, that this stipulation does not prevent the removal of any 

 timber previously cut under said annexed contracts upon said Township eight (8) for one year after 

 the expiration of said eight years. 



Third Exception and Reservation. — It is also expressly agreed and understood that all the 

 merchantable soft wood sawing timber is also reserved upon all the territory upon the east 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 con- 

 tract is dated the 2istday of October, 1893, a copy of which is annexed hereto marked "D," and the 

 same forms a part of this contract 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 agreed to be sold and conveyed, are to cease on or before the first day of January, 1898. 



Fourth Exception and Rese>vation.—\i is also agreed and understood that the softwood sawing 

 timber is reserved upon the following lots in Township forty-two (42), Totten & Crossfield's Pur- 

 chase, 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), fifly-five (55), fifty-six (56), sixty-five (65), sixty-six (66), sixty-seven (67), si.xty-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 (no), one 

 hundred eleven (ill), one hundred twelve (112), one hundred thirteen (113), one hundred fourteen 

 (i 14), one hundred fifteen (115), one hundred sixteen (1 16). 



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 Firman Ouderkirk and with Patrick and Dennis Moynehan, constitut- 



