The Law Relating to Oil and Gas: Including Oil and Gas Leases and Contracts, Production of Oil and Gas, Both Natural and Artificial, and Supplying Heat and Light Thereby, Whether by Private Corporations Or Municipalities

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W.H. Anderson, 1904 - 918 من الصفحات
 

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المحتويات

In what countries petroleum found
13
Natural gas was known to ancients
15
Early natural gas in America
16
Sources and composition of petroleum and gas
18
Composition of petroleum
21
Composition of natural
23
Early attempts at distilling or refining petroleum
24
Early use of petroleum as a medicine
25
Transportation
26
The first oil lease
28
Early use of artificial illuminating gas
29
CHAPTER IL
31
Part of realty
32
Ownership in earth
33
When title vests in owner
34
Ownership of oil differs from that of water
35
Owner of land has only a qualified ownership
37
Qualified ownership in oilpower of legislature
39
Severance of oil or gas from realty
42
Recovery of severed productTrover
43
Wasting gasinjunction
44
Increasing flow of gas by pumping well
45
Pumping oil wells
47
Maliciously boring well to injure another
48
When lessee acquires title to oil
49
Wastepart of realty
50
Partition
51
Oil and gas not synonymous
52
Judicial notice
53
Judicial knowledge of oil and gas properties
54
Not subject to tariff law of 1890
55
OIL AND GAS LEASES
59
Peculiarity
60
Name applied to instrument does not determine its legal effect
62
Interest of lessee is a chattel real
63
Contract giving interest in real estate
64
Estate does not vest if oil or gas not found
67
Vesting title subject to condition precedent Diligence
69
Tenancy from year to year or at will
70
Unilateral Contract
71
Legal interest of lessee in various leasesdigest
72
Sale of oil and gas and not a lease
76
Presumption as to ownership of oil or gas is ground
77
Lease and not a license
79
License
82
Merger
83
Consideration
84
Option to purchase after development
86
Option to extend lease
87
Extension of time of lease may amount to a new lease
88
Options continued
91
Option to pay rent or drill well
93
Statute of frauds
94
SEC PAGE 76 Description of leased premises
95
Right of lessor to use surface
96
Construction
98
Construction of instrument by parties
99
Unfilled blanks Written and printed clauses
100
Parol change of written lease
101
Lessee need not sign leasedeed
102
Notice to one of several lessees
103
Agent of lessee may take lease after forfeiture
104
Exclusive right of licensee of lessee Solid mineral oil
105
Implied covenant
107
Covenant running with land
108
Personal covenants
109
Assignment of contract giving interest in landincorporeal hereditamentleasesurrender
110
Lessee liable after assignment on express covenants
112
When work must be begun
113
Agreement as to what constitutes due diligence
114
Lessor cannot impair value of lease by drilling wells on his own land
115
Lessee draining premises by operations on adjoining territory
117
Drilling well near boundary line
118
Injunctionquieting title
119
COTENANTS
120
Damages
121
Damages for failure to keep covenant
122
Damages for neglect to develop or operate leased premises
123
Damages for neglect to operateres judicata
124
Boundaries Location of wells
125
Selection of site 125
126
Number of wells
129
Test wells Excuse for not drilling
130
Test well when need not be drilled
132
Test well depth
134
Lessor and lessee by mistake locating well on strangers land
135
Oil lease who entitled to gas
136
Oil lease gives no right to gas if oil be not found
139
Evictionejectment
140
Failure of title reimbursement of operator
141
SEC PAGE 122 Lessee denying tenancy
142
Diameter of wells
143
CHAPTER IV
144
Diligent search Implied covenant
145
Nondevelopment of leased premises where no limit fixed For feiture
146
Greater diligence required in developing oil than coal lands
148
Acquiescence in delayunavoidable accident lri0 132 Acquiescence in abandonmentdamages
150
In paying quantities
151
Paying quantities continued 135
157
Abandonment
160
Lessee may abandon nonproductive premises
162
Completion of nonproductive welltitle
163
Cessure of work after operations begun
166
Surrender
168
Surrender by substitution of tenants or assignment of lease
169
Parol surrender
172
Rescision for fraud
174
CHAPTER V
175
Forfeiture not a favorite of the law
176
History of change in rule giving lessor exclusive right to declare a forfeiture
179
Forfeiture favored by equity when it will promote justice
182
Heirs or assignees of lessor may declare forfeiture assignee
185
Stranger cannot avail himself of forfeiture
186
Lessee cannot insist on forfeiture to escape rent
188
Forfeiture clause omitted
189
Notice of election to declare forfeiture
190
SEC PAGE 159 Waiver of forfeiture
191
Waiver of forfeiture by accepting payment
194
Eviction of lessee
196
Failure to operate and not for failure to develop
197
Production of gas will not prevent forfeiture of an oil lease
198
Reentry 199
199
Release of premises equivalent to a reentry
200
Surrender after assignmentforfeiture
202
Partial developmentabandonment
205
Lessee draining leased premises by wells on adjoining territory
206
Lessee draining away oil by sinking wells on adjoining premises
207
Mortgage of leasehold may work a forfeiture
209
Excavating for oil means bringing it to the surface
210
Payment of rent will not prevent forfeiture for neglect to develop
211
Must pay rent although no oil on premises
212
Lessee must pay past rents Damages
213
Estoppel of lessor
214
Demand for compliance with lease
215
Suit to cancel lease for nondevelopment of territory
217
Relief from forfeiture
218
Time to avoid forfeiture
219
Lessee cannot recover premises after forfeiture
220
Removal of fixtures and machinery
221
Damages instead of declaring a forfeiture
222
CHAPTER VI
223
Interest assignee secures
224
Sublease Division
225
Transfer of lease by judicial sale
226
Equitable assignee in possession
227
Assignment of royalties
228
estate
231
Ground of assignees liability to lessor
232
Assignees liability broadened by terms of assignment or by out side contract
234
Extent of assignees liability
235
Liability of assignee of a part interest in lease
237
Liability of occupier under unassigned lease
238
Several successive assignees
239
Lessee released by substitution of assignee
240
Trustee of lessee and not his cestuis que trustent liable
242
Cestuis que trustent may be liable
243
Assignor liable on account of lease as a surety
245
Subleaseliability of sublessee
246
RENTS AND ROYALTIES
248
Limitations of chapter
249
Various methods of fixing rents or royalties
250
Definition of rent and rent charges
251
Payment so much per well
252
Royalty percentage of profits or income
253
Payment of operating expenses first Free gas
254
Free gas
255
Royalty in gas or oil used to operate leased premises
257
When royalty dueremoval of oil from premises
258
When rent is due for failure to develop land
259
Damages for failure to deliver lessor his share
261
Interdependent conditions
262
Termination of lease by failure to keep its terms
263
Lessee cannot avoid payment by taking advantage of forfeiture clause
264
Forfeiture clauses and liability for rent
265
Surrender of lease necessary to escape liability for rent
267
Eviction
268
SEC PAGE 243 Minimum production allowed
271
Consideration for lease may be purchase money
272
Consideration for grant part of minerals creates an exception
273
Oral change of lease discharging or changing rents
274
Rent for exhausted wellflooded well
275
Account rendered
277
Lien of royalty accruing during receivership
278
CHAPTER VIII
279
Married women
280
Wife joining husband in leasehomestead
284
CHAPTER IX
285
CHAPTER X
287
May not open new mines or bore new wells
289
When mines miy be opened or wells bored
290
Mineral lands unfit for any other purposes than mining
291
Reversioner or remainderman opening wells
292
Title to mineral or oil severed
293
Estoppel of remainderman
294
BEC PAGE 274 One cotenant may operate land of cotenancy for oil or gas
296
Lease of license granted by cotenant
297
Partition of oil or gas lands 291
299
Accounting between cotenants
300
Accounting when tenant excludes cotenant
305
Owner of surface not cotenant with owner of mineral beneath surface
306
Expense of working joint property
307
When a tenant bound by cotenants act
308
Payment of rent or royalties
309
CHAPTER XII
313
What is a sufficient writing
314
Effect of taking possession under contract
317
Specific performance of contract for lease
318
Damages for breach of contract to give lease
320
CHAPTER XIII
321
Rule as to oil and gas
322
Possession of surface not adverse to owner of oil or gas
323
Possession of oil operator not adverse to owner of surface
325
Receiver title in dispute injunction
326
Accounting
327
CHAPTER XIV
328
Severance of mineral by reservation or exception
329
Reservation of right to drill for oil restricted
332
Reservation or exception subject to lien of judgment
334
Location of oil claim on public lands
335
CHAPTER XV
336
Tenants in common not partners
337
By agreement a mining association becoming an ordinary partner ship
338
Mining agreements that create ordinary partnerships
339
Working a mine together creates a mining partnership
340
Selection of a partner Sale of interest
341
Tenants in common usually do not become partners
342
Illustration of what makes a mining partnership
343
Promoters Prospectors
345
Life of mining partnership dissolution
346
Partition and accounting works a dissolution
347
Partners lien
350
Each partner liable for all partnership debts
351
CHAPTER XVI
353
For what material furnished a lien may be obtained
354
For what labor a lien may be obtained
356
Overseer custodian or superintendent entitled to a lien
357
Upon what interest in land lien may be acquired
359
Forfeiture of lease
360
Retroactive effect
361
Notice of claim of lien description of land
362
Assignment of claims
363
Oil refinery paraffine works
364
Mortgage of oil or mining property 2 Mortgage of gas plant ARTICLE 1
365
Mortgagor may remove gas oil and minerals
370
Mortgagee in possession
371
Mortgagee in possession English rule
373
ARTICLE 2
380
TRANSPORTATION AND EMINENT DOMAIN 349 Scope of chapter
382
Transportation from state cannot be prevented
384
Transportation by pipeline Interstate commerce
385
Regulation of transportation
386
Ownership of oil in pipelines
388
Artificial gas companies
389
Foreign companies excluded from use of power of eminent domain
390
Number of lines that can be laid in right of way acquired
391
Damages occasioned by gas companys trespass on land
393
Removal of pipe line damages
394
Revocation of license 355
395
Well pipe passing through coal mine
397
SEC PAGE 370 Limit of discussion
398
Oil shipped on trains carrying other goods
404
Injury to passengersTrain wreck
405
Curiosity seekers Exploding oil
407
Allowing oil to escape from pipe line
408
Oil illegally stored at railroad station
409
Thief setting oil on fire
410
CHAPTER XX
411
Regulating pressure in pipes
412
Police power Rates
426
Power to change rates rates established must be reasonable
427
Gas companies quasi public corporations rates may be changed
434
Same continued
436
Same continued rates may be changed
439
Municipality delegating power to change rates
442
BEC PAGE 405 Annexing territory after contract made
443
Police power regulations
444
CHAPTER XXI
445
Constitutional or statutory limitations on indebtedness
447
Length of term of contract
451
Extending term of contract
454
Bids for lighting
455
How contract executed
456
Liability of city for breach of contract damages
457
Assignment of lighting contract
459
Rescission of contract breach
460
Discontinuing use of gas
461
Changing contract
462
Municipality extending limits after making contract
463
Municipality receiving light under a void contract
464
Contracts void for uncertainty
465
The price to be paid
466
Exemption from taxation in fixing price of gas
468
Exhaustion of appropriation as a defence
469
Assigning cost of public lighting upon abutting property Cost of municipal plant
470
Mandamus to compel auditing or payment of bills
471
Interest
472
United States revenue tax
473
Waiver as to quality of gas or light
474
Municipal officer interested in contract
475
CHAPTER XXII
477
Legislature may authorize monopolistic grants
478
Same continued Pennsylvania
481
SEC PAGE 443 Same continued
484
Statute authorizing exclusive grant
485
A grant to use of streets to exclusion of all others must rest on statutory power
486
Grant of exclusive franchise strictly construed
489
Legislature cannot revoke monopolistic clause of companys charter
493
Municipality agreeing not to compete with gas company
495
Legislature may not authorize monopolistic grants
498
A federal question
499
Monopolistic clause does not avoid whole contract
500
Exclusive franchise for artificial gas does not exclude natural gas
501
Gas works built under void grant or franchise
502
Unlawful combinations between gas companies
503
Contracts for light length of term
505
Dating contract ahead
509
CHAPTER XXIII
511
Definitions street a highway
512
Use for private purposes
513
Consent of municipality to occupy streets necessary
514
Right to a franchise not property of municipality
516
Nature of a grant to occupy streets or highways A mere privi lege
518
Nature of grant to oceupy streets or highways A franchise
521
Acceptance of grant
522
Gas company must comply with conditions of grant
523
Grant to occupy streets construed strictly
524
What streets company may ocupy Sidewalk
525
New streets right to occupy No streets specified
526
Sale or assignment of right in streets
527
Change of use of franchise Natural gas
528
Ordinance void Estoppel
530
Gas company occupying streets is subject to municipal regula
531
SEC PAGE 481 Injunction to protest companys rights in streets
534
Termination of life of corporation before expiration of franchise
535
Town becoming a city
536
Injunction to restrain laying of pipes in streets
537
Revocation of grant
538
Forfeiture of right to occupy streets for failure to perfom duty
539
Waiver of right to declare forfeiture
541
Tearing up streets Obstruction Indictment
542
Cutting into modern pavements Repairs Permission
543
Injury to pipes in repairing streets
545
Support of gas mains
546
Gas boxes in street
547
Pipes in streets not an additional burden
548
Grant right to use suburban highway Compensation to abutting landowner
549
Condemnation of landowners interest in highway
550
Pipe lines in country highway an additional burden on easement
552
Consent of county public highways crossing
553
Revocation of license to use highway
554
Pipes on surface of highway or street
555
CHAPTER XXIV
557
commercial purposes
559
Insufficiency of statute to authorize a municipality to furnish commercial gas
562
Construction of municipal charters
563
Municipalitys profit
564
Competition with private plant
565
Municipality must be sole proprietor of plant Taking stock
567
SEC PAGE 520 Trustees for gas works
569
Sale of municipal plant
571
Municipality may lease its own gas works
572
Rules and regulations
573
CHAPTER XXV
574
Company must supply gas
576
No discriminations
578
Failure of supply of natural gas Discrimination
580
Supply only to abutting property owners
581
Extension of mains or pipes
582
Inspection of premises
583
Mandamus to compel supply
584
Mandamus to compel furnishing of gas
586
Damages for failure to supply gas Sickness
589
Limiting liability for failure to supply gas
591
Application for gas
592
Rules and regulations
594
Subscribing to rules and regulations
595
Price to be charged
596
Payment in advance
600
Deposits
601
Discrimination in use Rates
602
Classification of customers Rates
603
Recovering back overcharges
604
Collection of rents Action
605
Collection of rents by distress
606
Shutting off gas for failure to pay
607
Injunction to prevent cutting off gas supply Rates
612
Consumers right to discontinue use of gas
613
Ownership of supply pipe 315
615
CHAPTER XXVI
617
Control of meter
619
Unreasonable requirements
621
Official inspection and tests
622
Measurements of quantity of gas used
623
SEC PAGE 559 Delivery of gas
624
Extra charg s for meters and mixers Government tax
625
Requiring use of a certain quantity of gas per month or pay a meter rent
626
Removal of meters
627
CHAPTEE XXVII
628
Agreement innocent purchaser injury to freehold
630
tions
631
Judicial sale of premises
633
ARTICLE 2
636
Landlord and tenant
637
ARTICLE 3
640
Oil and gas lease fixtures
642
Conveyance or mortgage of fixtures
644
Special contract controls
647
Gas and oil pipe lines
648
CHAPTEE XXVIII
650
SEC PAGE 582 Pollution of running streams
653
Pollution of subterranean waters
658
Damages occasioned by storing or bringing oil on land
661
Gases destroying trees and vegetation
662
Noisome smells
663
Odors from operation of oil wells and works
665
Other disagreeable odors in neighborhood
666
Degree of annoyance Question for jury
667
Gas or oil well near house or building
668
Business authorized by government no defence 671
671
Duty of owner to prevent continuance of damages
672
Evidence
673
Enjoining erection of gas plant
675
Indictment for nuisance
676
CHAPTER XXIX
679
Duty of gas companies in general
680
Care required of gas companies
681
Gas company must keep its gas constantly under control
682
Degree of care required of gas company
685
Night watchman
687
Gas companys act or neglect must have caused the damage
688
Two or more defendants liable
691
Statute permitting recovery although there is no negligence
694
Explosion occasioned by a violation of a statute
695
Overwhelming disaster
696
Burden of proof
697
Presumption of negligence does not arise from proof of explosion
698
Presumption of negligence arising from proof of explosion
702
Stopcock on street line
703
Intervening agency
704
Inspection of pipes or mains
705
Duty to make repairs immediately Available force
709
Notice of leaks
710
Noticefailure to discover place of leak
712
Notice of leak when not necessary to fix liability
713
Evidence of other leaks
714
Evidence of leaks
715
Breaks occasioned by ordinary use of streets
716
Pipes breaking from lack of support Excavations near pipe line
717
SEC PAGE 626 Property owners duty to notify gas company of leaks
719
Company misleading plaintiff as to extent of danger
721
Gas following supply pipe from main percolating through soil Sewer
722
Withdrawing gas from mains without notice
723
Undue pressure in mains
724
Evidence of undue pressure at other places
725
Explosion caused by act of servant of gas company
727
Company undertaking to repair consumers pipes or fixtures
728
Injury to shade trees shrubbery
729
Illuminating gas driving sewer gas into house
730
Gas fitter igniting escaping gas
733
Negligence of fellow servant
735
Person on premises by license
736
Guest or inmate of family may recover from gas company where owner is negligent
737
Gas turned on by owner or stranger
738
Landlords right of action against tenant
740
Owner of premises liable to injured person
741
Plaintiff must show due care on his part Contributory negli gence
742
Owner removing from his premises
743
Duty of property owner to cut off supply of gas
744
Searching for leaks with a light
745
Contributory negligence a question for the jury
749
Negligence of parent wife or servant
750
Contributory negligenceof tenant may bar landlord reversion ary interest
752
655i Negligence of contractors Lessee
753
Right of action over
755
Expert evidence to show effect on electrolysis
757
Expert evidence on inhalation of gas
759
Proof of effect upon growing vegetation or grass
760
What acts of negligence a question for the jury
761
CHAPTER XXX
769
Fire on railroad communicating to refinery
770
Injuries from shooting wells
775
Oil escaping into sewers
776
Injury occasioned by exploding gasoline firepot
777
Use of false brands Explosion
778
Oil escaping from and exploding refinery
779
Rescuer injured by negligence of an oil or gas company
780
Minor employees oilsoaked clothes catching fire
781
Servant of oil company in jured by defective appliances
782
Injuries to servant of purchaser sale in violation of statute
783
Sale of oil of low fire test explosion Deception
785
Implied warranty in sale of illuminating oil
786
Gas box in sidewalk
787
Streets rendered dangerous by laying gas mains
788
Imperfectly constructed gas building
789
Exploding tank injuring servant
790
Servant entitled to safe place in which to work
791
Servant injured by use of defective ladder
792
CHAPTER XXXI
794
Extent of discussion
795
Contiguous to insured building
797
Oil for illumination
798
Failure to extinguish lamps
799
Prohibited user not occasioning loss
801
Owner himself must violate terms of policy tenant
802
Explosions of oil or gas
804
Failure to disclose use of oil
806
Particular use allowed
807
Increase of risk
808
Proof of custom or the usual practice
809
Implied consent to prohibited uTse Custom
810
SEC PAGE 707 Storingkeeping
811
Store
814
Grocery
815
Watchmaker
816
Factory
817
Laundry
818
Painter paintshop or factory
819
Cleaning clothes Destroying vermin
821
Waiver by knowledge of acquiescence in use of building
823
Waiver by receiving premium with knowledge of prohibited user
825
Insurance companys right of action to recover damages Effect of insurance on right of action
826
Gas company causing fire liable to insurance company
827
Inhaling gas accident or life insurance policy
828
CHAPTER XXXII
831
Exempt as a manufacturing company
832
Assessing franchise
834
Exemption of municipalities from taxation
835
Object of tax Ohio statute unconstitutional
836
Set off 837
837
Exemption from taxation
838
Taxes on leases and minerals
839
CHAPTER XXXIII
842
Shut off gas meaning
843
SEC PAGE
844
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الصفحة 684 - ... which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority, this we think is established to be the law whether the things so brought be beasts,...
الصفحة 166 - The grant is for a term of twenty years from date, and as much longer as oil or gas is found in paying quantities...
الصفحة 34 - Water and oil, and still more strongly gas, may be classed by themselves, if the analogy be not too fanciful, as minerals Ferae naturae. In common with animals, and unlike other minerals, they have the power and the tendency to escape without the volition of the owner. Their "Fugitive and wandering existence within the limits of a particular tract is uncertain," as said by Chief Justice Agnew in Brown v.
الصفحة 850 - It is understood between the parties to this agreement that all the conditions between the parties hereto shall extend to their heirs, executors and assigns.
الصفحة 683 - ... who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property, but which...
الصفحة 111 - ... assigned, granted, or surrendered, unless it be by deed, or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
الصفحة 735 - By reason of the negligence of any person in the service of the...
الصفحة 684 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
الصفحة 281 - Ohio corporation, second party, its successors and assigns, all the oil and gas in and under the following described premises, together with the right to enter thereon at all times for the purpose of drilling and operating for oil, gas, or water...
الصفحة 750 - It was held to be a question for the jury whether the owner had reason to believe that the car would be used upon the public highway in the necessary performance of the work requested. i-

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