434 REPORT OF THE COMMISSIONERS OF 



the second part to cut timber thereafter on said lands shall, at the option of the party of the first 

 part, cease and terminate ; and the parties of the second part may pay installments on or before the 

 first days of February, March, April and May, on account of timber cut during the preceding 

 year, and on all such payments made before May first shall be allowed interest to that date at the 

 legal rate. 



The ownership of all the timber on the lands herein referred to, whether standing or cut into logs 

 or lumber, shall be and remain in the party of the first part, until said timber is paid for by the 

 parties of the second part, and the parties of the second part agree to take and pay for all the timber 

 on the said land as aforesaid, and to cut over the area of all said lands not herein excepted, within 

 eight (8) years from May first, 1894; and in case the parties of the second part shall require or need 

 in their lumbering business upon the Moose River, or for their lumber-mill to be erected at the junc- 

 tion of the Moose River, or McKeever, so-called, more of the aforesaid timber in any one year than is 

 taken from the three thousand (3,000) acres so to be cut over as aforesaid, then and in that case the 

 parties of the second part agree to take such excess timber so to be used by them or needed by them 

 in their said business from lands of said Webb in said Township number eight (8) before taking such 

 timber from their own lands or other lands leased by them or upon which they may have or may 

 have acquired lumber rights, provided they can with reasonable convenience take such extra lumber 

 from the said lands of the party of the first part; and the parties of the second part agree to first cut 

 over and take, during the continuance of this contract, such timber for all their lumbering business at 

 Moose River and McKeever from the lands of said Webb in Township number eight (8) before 

 taking such timber from their own lands, or from the lands upon which they may have or may have 

 acquired lumber rights, provided the timber from the said lands is not unavoidably delayed in reaching 

 the mill, thus making it imperative that timber be procured from other sources to supply their wants, 

 and nothing herein contained shall be construed as relieving the parties of the second part from the 

 obligation to pay for all the timber standing on the said land not specifically excepted herein, or to 

 cut over the said land within the period of eight (8) years from the first day of May, 1894. 



In case any lands to be cut over hereunder shall be burned over by fires occurring otherwise than 

 by the negligence or agency of the parties of the second part, their contractors, agents or servants, 

 or the timber thereon be injured or destroyed by the elements, the parties of the second part may, at 

 their option, but shall not be obliged to, cut over said lands or take the timber therefrom. 



The parties of the second part shall not permit fishing or hunting upon the lands of the party of 

 the first part by any one in their employ or under their authority; and shall promptly report or cause 

 to be reported to the party of the first part, or his agents, any such trespass coming to their 

 knowledge. 



The party of the first part shall have the privilege of keeping an inspector upon the ground during 

 the active operations of the parties of the second part hereunder, to see that the provisions hereof are 

 duly carried out, which inspector shall be boarded at the camps of the parties of the second part. 



It is especially understood and agreed between the parties hereto that the three hundred and sixty 

 (360) acres of land, or thereabouts, cut over by Garmon and Harvey, as trespassers, near Third 

 Lake, of the Fulton Chain, shall be exempt from the operations of this contract, and that the parties 

 of the second part may reject such portion of the five hundred acres of land lying west of the line of 

 the Mohawk and Malone Railroad as may prove to them to have had the merchantable spruce timber 

 removed therefrom in cutting ties and trestle timber for said railroad. 



It is expressly understood and agreed that one of the considerations for the conveyance herein of 

 the rights hereby acquired by the parties of the second part is that the timber product of the lands 

 herein referred to shall reach market from a point known as McKeever, on the Mohawk and Malone 

 Railway, as freight over the said railway. And it is agreed that no portion of said product shall be 

 floated down the Moose River beyond the said point known as McKeever or sold so as to divert the 

 same as freight from the said railway, unless a committee of arbitrators appointed as hereinbefore 

 provided for shall decide that the freight rates charged the parties of the second part over said railway 

 are such as to unjustly discriminate against the parties of the second part. 



