186 LAWS OF MARYLAND. [CH. 72

of Forestry that the conveyance of the said lands unto the
State of Maryland was and should be upon condition that
the grantor company might retain for a period of ten
years to itself and its successors and assigns the right to
cut and remove all standing timber in trees which might
measure twelve inches or more in average diameter inside
the bark at a height of twelve inches above the ground;
that the said grantor company might retain the use and
control of the present mill site at Wallman with the build-
ings and dwellings connected therewith for a like period;
that the grantor company retain all coal and mining
rights; and that the grantor company retain rights of in-
gress and egress to said lands for the purpose of exercis-
ing such rights; and

WHEREAS, in order to carry out and effectuate the inten-
tion of the parties, an absolute deed of said lands to the
State of Maryland was made by the Manor Mining and
Manufacturing Company and accepted by the State, re-
serving only certain coal and mining rights, and there was
effected at the same time an agreement between the State
of Maryland and the Manor Mining and Manufacturing
Company in manner and form following, that is to say:

"THIS AGREEMENT, Made this twenty-second day of
January, 1931, between the State of Maryland by F. W.
Besley, State Forester and the Manor Mining and Manu-
facturing Company.

"WITNESSETH, That in consideration of the premises
and of the mutual promises herein contained, the parties
hereto agree as follows:

1. The Manor Mining and Manufacturing Company
shall have the right to cut and remove within a period of
ten years from the date of this contract, all standing tim-
ber in trees that shall measure twelve inches or more in
average diameter inside the bark at a height of twelve
inches above the ground, which may at the time of the ex-
ercise of this right be standing on the land which the said
Company has this day deeded to the State of Maryland.

2. The said Company shall have the use and control of
the present mill site at Wallman with the buildings and
dwellings connected therewith for a period of ten years
from the date of this contract.

3. The said Company shall be liable to the State of
Maryland for any unnecessary injury to trees below the
twelve inch diameter limit arising out of any act of the