FISHERIES, GAME AND FORESTS. 433 



such timber and other materials as shall be necessary in order to drive or float logs to mill, except 

 that the Fulton Chain of Lakes and Big Moose Lake shall not be flooded or raised above the present 

 high-water mark, nor shall the waters of any lakes be raised by the parties of the second part while 

 the lakes are covered with ice, so as to destroy or injure growing timber, or after July 1st in each 

 year, unless necessary to take advantage of a natural freshet at a later date to drive logs that remain 

 after the spring drives. It is expressly understood and agreed that the party of the first part does 

 not convey or grant any right to flood the Fulton Chain of Lakes, the waters of the same being 

 subject to the rights of the State of New York for canal purposes. The navigation of the said lakes 

 being a public highway for the purpose of floating logs by the laws of the State of New York, it is 

 agreed on the part of the parties of the second part that the navigation of the said waters by boats 

 shall not be unreasonably obstructed by them in their operations under this contract. And it is 

 expressly agreed and understood that the waters back of any dams erected upon such lands shall not 

 be held or retained longer than is necessary for the purpose of a timber drive. 



The parties of the second part may build such roads and erect such camps on said lands to be cut 

 over as may be necessary for the drawing of logs to the piling places and for carrying on lumbering 

 operations, and in so doing may take and use therefor such and so much of the timber growing on 

 said lands to be cut over as shall be fit and necessary, but the lumber camps shall not be located on 

 the shores of lakes where the location is suitable for summer or sporting camps, nor shall roads be 

 constructed so as to interfere with the. grounds of camps, hotels or cottages ; in case of any disagree- 

 ment as to the proper location of either lumber camps or roads, the matter shall be referred to a 

 committee of arbitration chosen as hereinbefore provided for in the matter of location of piling 

 grounds and the exemption of lands not to be cut. 



The parties of the second part may operate at and from one or more such points on said lands as. 

 they may deem proper, and shall, as their operations progress or extend, cut and remove all of the 

 aforesaid timber sold to them and shall not cut upon or over the same land a second time, and shall 

 cut and trim or lop the large branches of tops of trees left on the ground after their operations so the 

 same will fall to the ground under the weight of winter show; and in felling trees shall use care and 

 diligence to cause them to be so felled as not to unnecessarily injure or destroy other trees standing 

 on said lands. 



The parties of the second part shall use due diligence also to prevent the starting of forest fires 

 while conducting any of their operations hereunder, and every reasonable effort shall be made to 

 subdue and extinguish any fires which may occur upon the lands herein referred to, whether the 

 same be caused by their operations or otherwise. 



The parties of the second part shall have eight (8) years from the first day of May, 1894, in which 

 to cut the timber so sold to them on said lands, and may, if they deem it practicable, cut and remove 

 the same in less time, no less than three thousand (3,000) acres to be cut over in any one year, oro- 

 vided that three thousand acres remain uncut, e. ccpt where the cut of previous years excee'ds the 

 average of three thousand acres per year, in which event the excess may be counted as applying on 

 the cut of the following year, the timber cut, drawn and piled in the last year of operations hereunder 

 to be removed as soon as practicable thereafter in the usual course of lumbering, when all rights of 

 the parties of the second part shall cease and terminate. 



The area of land to be cut over and paid for in each year hereunder shall if possible be agreed 

 upon by the parties hereto, or their agents or representatives, by estimate or otherwise, but if not so 

 agreed upon, then the same shall, prior to May ist in the year following the said cutting, be determined 

 by a correct survey or measurement of the lands so cut over by a competent and disinterested sur- 

 veyor, to be agreed upon by the parties hereto, or their respective agents or representatives, and each 

 party hereto shall bear and pay one-half the expense of such sun-ey. 



The parties of the second part agree to pay for the timber cut or taken by them from the area 



cut over in each year, on or before the first day of May in the following year, in value at the rate of 



six dollars (6) per acre as aforesaid, and in quantity not less than an average of three thousand (3,000) 



acres per year, and in case of failure to pay for timber cut, in any season, the right of the parties of 



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