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

Voorkant
W.H. Anderson, 1904 - 918 pagina's
 

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Inhoudsopgave

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 II
31
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
CHAPTER III
59
Merger
65
Optionsrevocation
88
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
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
126
Number of wells
127
Number of wells Protecting lines
129
Test wells Excuse for not drilling
130
Test well when need not be drilled
132
Test welldepth
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
150
In paying quantities
151
Paying quantities continued 135
154
Gas in paying quantities
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 forfeitureassignee
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
160
194
Release of premises equivalent to a reentry
200
Lessee draining leased premises by wells on adjoining territory
206
Must pay rent although no oil on premises
212
Relief from forfeiture
218
SEC PAGE 203 Assignee of lessee bound by agreements in lease Privity
223
197
225
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
227
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
334
266
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 may 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
Partition of oil or gas lands
299
279
305
CHAPTER XII
313
335
318
CHAPTER XIII
321
Accounting
327
Ownership of gas or oil beneath public highways rivers or sea
332
Leasehold may be mortgaged by lessee
341
319
346
CHAPTER XVI
353
334
360
Mortgage of oil or mining lease in Pennsylvania
365
Mortgagor may remove gas oil and minerals
370
ARTICLE 2
380
Regulation of transportation
386
Damages occasioned by gas companys trespass on land
393
Limit of discussion
398
378
405
CHAPTER XX
411
394
422
Gas companies quasi public corporations rates may
434
Municipality delegating power to change rates
442
CHAPTER XXI
445
410
454
415
460
The price to be paid
466
Lamps posts
472
451
477
Estoppel to contest validity of monopolistic grant ratification
498
Dating contract ahead
509
Right to a franchise not property of municipality
516
Acceptance of grant
522
Change of use of franchise Natural
528
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
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 502
562
Construction of municipal charters
563
Municipalitys profit
564
Competition with private plant
565
Municipality must be sole proprietor of plant Taking stock
567
Right to purchase plant of gas company
568
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 3 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
CHAPTER XXVII
628
Agreement innocent purchaser injury to freehold
630
Gas chandeliers stoves meters etc
631
Judicial sale of premises
633
ARTICLE 2
636
Landlord and tenant
637
When tenant must remove
638
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
CHAPTER 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
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 negligence of tenant may bar landlord reversion ary interest
752
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
66S 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 injured 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 use Custom
810
SEC PAGE 707 Storingkeeping
811
Store
814
Grocery
815
Watchmaker
816
Factory
817
Laundry
818
Painterpaintshop 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
Exemption of municipalities from taxation
835
Object of taxOhio statute unconstitutional
836
Set off
837
Exemption from taxation
838
Taxes on leases and minerals
839
CHAPTER XXXIII
842
Shut off gas meaning
843
SEC PAGE
844
INDEX
875
Statute of frauds
905
Copyright

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Veelvoorkomende woorden en zinsdelen

affirming agreement assignment Boston Gaslight clause coal Consolidated Gas Co consumer contract County court court of equity covenant damages drill explosion ferae naturae fire fixtures forfeiture franchise furnish gas gas company gas or oil Gaslight and Coke grant held Indiana injury L. J. Ch land leak leased premises lessee lessor liable lien light meter mineral mining mortgage municipality N. E. Rep N. J. Eq N. Y. App N. Y. Supp naphtha natural gas negligence Ohio C. C. Ohio Cir Ohio Dec Ohio Oil Co Ohio St oil and gas oil or gas operations ordinance owner pany party paying quantities payment person petroleum Philadelphia Co pipe line Pittsb plaintiff possession purpose rates reason recover rent royalty Standard Oil Co statute streets supply supra tenant tion tract void Wkly

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Bibliografische gegevens

TitelThe 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
AuteurWilliam Wheeler Thornton
UitgeverW.H. Anderson, 1904
Lengte918 pagina's
  
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