^> IMAGE EVALUATION TEST TARGET (MT-3) ^ ^^ ^^ J i' 1.0 1.1 ■so "^^ MH 14.0 12.0 IL25 nu 1.6 B- Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716)172-4503 ^"^V ^ ^^ ..« h- CIHM/ICMH Microfiche Series. ■n CIHM/ICIVIH Collection de microfiches. ■ -i) Canadian Instituta for Hit tprical Microraproductions / Institut Canadian da microraproductions hiatoriquaa ^ Tachnicai and Bibliographic Notas/Notas tachniquaa at bibiiographiquaa ■ni to Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibllographically uniqua, which may utfir any of tha imagaa in tha raproduction, or which may aignificantly changa tha uaual mathod of filming, aro chackod balow. □ Colourad covara/ Couvartura da coulaur r~n Covais damagad/ D n D D D Couvartura andommagia Covara raatorad and/or laminatad/ Couvartura raataurAa at/ou palliculAa □ Covar titia miaaing/ La titra da couvartura manqua r~| Colourad mapa/ Cartaa gtegraphiquaa t% coulaur Colourad ink (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) Colourad plataa and/or illuatrationa/ Planchaa at/ou illuatrationa 1% coulaur □ Bound with other matarial/ Ralii avae d'autraa documanta Tight binding may cauaa ahadowa or diatortion along intarior margin/ Laroliura aarria paut cauaar da I'ombra ou da la distoralon !• long da la marga int^aura Blank laavaa addad during raatoration may ' appaar within tha taxt. Whanavar poaaibia, thaaa hava baan omittad from filming/ II aa paut qua cartainaa pagaa blanchaa ajouttea lora d'una raatauration apparaiaaant dana la taxta, maia. loraqua cala itait poaaibia, caa pagaa n'ont paa «t« filmiaa. Additional commanta:/ Commantairaa supplAmantairaa; L'Inatitut a microfilm^ la maiilaur axamplaira qu'il lui a it* poaaibia da aa procurar. Laa dAtaila da cat axamplaira qui aont paut-Atra uniquaa du point da vua bibliographiqua. qui pauvant modifiar una imaga raprodMita, ou qui pauvant axigar una modification dana la mAthoda normaia da filmaga aont indiquAa ci-daaaoua. □ Colourad pagaa/ Pagaa Pagaa da coulaur Pcgaa damagad/ Pagaa andommagiaa D Pagaa raatorad and/or laminatad/ Pagaa raataurtea at/ou pailicuidwa Pagaa diacolourad. stainad or foxad/ Pagaa dAcoioriaa, tachatAaa ou piquiaa Pagaa datachad/ Pagaa dAtachAas Showthrough/ Tranaparanca Quality of print variaa/ Quaiit* inigala da i'impraaaion Th po of fill Or bo thi ail ot fir ait or rn Includaa aupplamantary matarial/ Comprand du material aupplimantaira Only aditicn availabia/ Sauia Mition diaponibia Th ah TH wl Ml dif an bai rig rac VM Pagaa wholly or partially obacurad by errata aiipa. tiaauaa. ate, hava baan rafHmad to anaura tha baat poaaibia imoga/ Laa pagaa totalamant ou partialiamant obacurciaa par un fauillat d'arrata, una palura, ate. ont At* filmiaa i nouvaau da fa^on A obtanir la maillaura imaga poaaibia. Thia itam is fiimad at tha reduction ratio checked below/ Ce document eat film* au taux da reduction indiqu* ci-deaaoua. 10X 14X 18X 22X 26X 30X y 12X 16X »X 24X 28X 32X Th« copy filmMl her* haa b««n r«produc«d thanks to tha ganaroalty of: Douglas Library Quaan's Univairsity L'axamplaira fllmA fut raproduit griea A la gAnArosM da: Douglas Library Quaan's Univarslty Tha imagaa appaaring hara ara tha baat quality posslbia conaldaring tha condition and lagibillty of tha original copy and In kaaping with tha filming contract spacif icationa. Original copias In printad papar covara ara fllmad baglnning with tha front covar and anding on tha last paga with a printad or illuatratad impraa- slon, or tha back covar whan appropriata. Ail othar original copiaa ara fllmad baglnning on tha first paga with a printad or illuatratad Impraa- sion. and anding on tha last paga with a printad or Illuatratad impraasion. Las imagaa suK/antas ont 4tA raprodultas avac la plus grand soln, compta tanu da la condition at da la nattatA da l'axamplaira film*, at an conformit* avac las conditions du contrat da fllmaga. Laa axamplairas originaux dont la couvartura an papiar aat imprim4a sont filmis an commanpant par la pramlar plat at an tarminant salt par la darnlAra paga qui comporta una amprainta d'impraaaion ou dlllustration, soit par la sacond plat, salon la caa. Tous laa autras axamplairas originaux sont filmte an commandant par la pramlAra paga qui comporta una amprainta d'impraaaion ou d'illustration at an tarminant par la darnlAra paga qui comporta una talla amprainta. Tha last racordad f rama on aach microflcha shall contain tha symbol -^^ (moaning "CON- TINUED"), or tha symbol V (moaning "END"), whichavar appllas. Un das symboias suivanta apparaltra sur la darnlAra imaga da chaqua microflcha. salon la cas: la symbols -^ signifia "A SUIVRE". la symbols ▼ signifia "FIN". Maps, platas, charts, ate, may ba fllmad at diffarant raductlon ratios. Thosa too larga to ba antlraly included in ona axposura ara fllmad baglnning in tha uppar laft hand cornar. laft to right and top to bottom, as many framaa aa raqulrad. Tha following diagramt lllustrata tha mathod: Las cartas, planchas, tablaaux. ate, pauvant Atra filmAs A das taux da rAduction diff Arants. Lorsqua la document aat trap grand pour Atra raproduit an un saul ciichA, II ast filmA A partir da I'angia supAriaur gaucha, da gaucha A drolta, at da haut an baa. an pranant la nombra d'imagas nAcassaira. Las diagrammas suivanta lllustrant la mAthoda. 1 2 3 ''..^ ,*»• 1 2 3 5 6 xx« Xj« xjLXjVlLIEj, g: .*? -1 t0ck il^ ponej §r0kr, 1^ f Y ESTATE, INSURANCE, QUEEN'S UNIVERSITY LAW LIBRARY KINGSTON ONTARIO CAN^^DA L, ^(./|^/Vdirit. WIU M. VU» W^;vv»; Oil Lands, Improved Farms, & Wild Lands ROR SAL-E- "'^•i t" ELUS' NEW MAPS !.'• OP THE CANADA OIL LANDS! r \ M COMPRISES THAT 8ECTI0N OF THE COUNTRY BETWEEN LONDON, SARNIA, & CHATHAM. ALL THE LofB, Concessions, Rivers and Creeks, Towns, Vil- lages, Railways, Travelled Roads, &c., are accurately laid down, making this the most useful map yet published. nillCE, (including Geological diagram and Beinarks,) iM IheetB, Colored, $1 per Copy, or 81.50 inQCovers. jEE,i.is' pocket m^p OP THE COUNTY OF LAMBTON, THE PRINCIPAL OIL BEARING DISTRICTS, ^ ■ SO OTS. EJ^OH. ■»»♦ EL.I.I8' OP THE ^ "^ Township of ENNISKILLEN, With all the recent Improvements and Important Wells marked ; Size, 11 X 14,-50 GENTS. JMthe above Maps Sent Free of Postage on receipt ofiM Price. J. ELLIS, Jr.,, Publisher, Toronto. ];i:fi|^_Will be ready shortly, the Townships of London and Dele- wjoui Scale 60 Chs. to an Inch. :i SOHO FOUNDRY AND STEAM ENGINE WORKil DICKEY, NEILL & CO., ; ; 'rOI=».0 NTTO, MANUFACTURERS OF IMPROVED PORTABLE ENGINES AND BOILEl IMPROVED MACHINERY AND IRON! FOR DRILLING OR PUMPING OIL WELLS, AND EVERY KIND OF MILL WOl Beverly St., Toronto, Jan., 1866. OIL LANDS FOR S.\L1 >•« FIVE TH0VS4ND ACRES OF LAI IPOR SALE TN THE Townships op ENNISKILLEN, BROO: DAWN, SOMBRA & MOORE. Apply to TORO ^if^^r^" '■>:i'~>.. H-, >>. ^■f<. /^^'**i!V .f. * - i •,'-A, •"■.Mi m,W- ■ jfitb*-^^^|:^if:''.>e;^-c'«4.-.'»^..' ,if«»^a^iEaji?#^'^ I ' 'If \.Jj>J''' ' • '/-'v :^^ - sV . ..,'4^-^ .'•-■'■ ^M«i^.* I ^■Ji ■' • "'^■^ ^ji!L\\ ''"Sir W. ' (^"i' J- ' " ^t / X^ .'i'.'t'V 'v '^ •», i t ,--■ y^ ;" IHKRS •mm J *'/ -f f^^^ ^>*i i t) ,' i/ vi '^i ',# ^•^ ^ ^ i •l^Ji-^^iife^V^ O N PI o n w > PI v« •*JK3rrTJ- _3»lK^p3J »!(£«,,*;; :i«.5I^Si9?p3>EK?WF- i^«>'>K>c<-wj»i»;.-'>nk iMt.'A^-i'HV^i , fi."iT.4**^^^"i»v:riai^:Vi.-i^'. , 1 If I t ■' INi] ; 1 1 l*t , 1 1 ■. 1 1^ ce>'& «*sJ|(hiI VIU. PREFACE. St. Leonards, who has not thought it be- neath his well-earned reputation, in the autumn of his life, to write " somewhat for those unlearned in the law." The unprecedented activity in land spe- culation, that has lately sprung up in the * oil regions of Western Canada, suggested to the author the urgent necessity, at the present time, of a Manual which would give to oil men some light upon the trans- actions of every day. A man cannot always have his solicitor at his elbow, and even when he has, he naturally desires to know for himself something about the nature of the security in which he is in- vesting his money. It is hoped that these pages, with the exception, perhaps, of the chapter on oil and mineral h.nds, will convey informa- tion that may be of use to all who own or deal in real estate. CONTENTS. -••♦- ^- PAGE. CHAPTER I —Requisites of Agreements to Sell. . 13 Contracts respecting land must be in writing — material points must appear — what they are — may be in several documents — agreements through letters — great caution necessary — example— offer and acceptance — variance be- tween them— example — time when contract completed — oflcr by an agent — acceptance must be in reasonable time— ofler may bo withdrawn before acceptance— when once r>.'lused cannot be revived— proposal must be signed by the party to be charged — acceptance may be verbal — property must bo clearly described— example— price must bo detincd— examples of definite and indclinito * price— agreements for sale or purchase of lind maybe made through an agent — ratification of agent's authority — agents of corporations — revocation of agent's authority — example — agent contracting in his own name — power to sell dill'ors from power to receive purchase money — — part performance of verbal agreements sometimes renders them binding. CHAPTER II.— Mode of Enforcing Agreemk.nts ... 21 Remedy exists of giving damages in case of non-performance — not always satisfactory remedy — for many reasons — bill in Chancery will compel performance of agreement itself— may be enforced against representative of de- ceased contractor— assignee of agreement may enforce performance of it — or may even mortgage it — how right to assign prevented — purchaser with notice of former agreement may be compelled to pcriorm it— reason for this rule — importance of notice — may bo by registration — other modes of giving notice — lis pendens — effect — con- tract cannot be enforced in equity after damages at law. CHAPTER III. -Grounds Agreements of Refusal to Fulfil 27 Some men always seeking to es«vipe from liability — any agree- ment may be resisted that is uncertain — fhiud in a contract always a defence— fairness not to bo judged by sabsequeut X. CONTENTS. events — but all surrounding circumstances to be looked at — intoxication good defence — whether voluntary or not — person under 21 cannot bo bound by contract — but may take benefit of It — or may ratify it — illegal contract (;annot be enforced — example — misrepresentation good defence — it is necessary that reliance must be placed upon it — it must be made at time of bargain — Lord Brougham's view of misrepresentation — untrue state- ments may not be material — in case of mines or oil wells — what falsehoods are allowable (?) — puffing — ex- amples — purchaser's duty upon discovering misreprcseu- ' tation — example — misrerresentation may not affect assignee — suppression ot a material fact sufficient — seller bound to make known all material lacts lessening value — purchaser not bound to communicate facts increasing value — mistake is another ground of defence — must be a mistake of fact — not law— bad title cannot be forced on a purchaser — unreasonable lapse of time a defence — time often not essential in equity — in mining and oil transac- tions it is — notice may be given limiting time — example. (mApTER IV.— Of Title to Land l\ Upper Canada . . 39 PiTfiCHASER may require good title to be shown — land in this differs from goods or chattels — evidence of title generally documentary — mostly deeds and wills— search in registry office necessary — Crown deeds — search in SherifTs office, in County Treasurer's office, and in Qneen's Bench office — t'tles should- be marketable— requisites of marketable (ille — personal covenants for title — usual covenants— f-tatute deeds — full covenant deeds — seldom given — pur- chaser entitled to all deeds— or covenant for production — mortgagee has right to title deeds — purchaser giving mortgage back not entitled to deeds^Dower — two ways of barring it — heir-at-law has a good title — ^how real estate descends — illegitimate children cannot inherit — title by length of possession — time within which land can bo recovered — exception in favour of infants, &c — foreclosure of mortgages — often defective— act for quiet- ing titles to land — its object — effect of certificate for title — particular faets may be enquired into, as marriage, heirship, &c — titles can only be understood by legal men. CHAPTER V.-Lbases 51 Much land held under lease — after mortgage given, lease in- valid — tenant may be ejected by owner of mortgage — leases for more than threo years must be in writing, and under seal — what leases must be registered — agreements for leave must be in writing — what they must contain — must be signed— easily mistaken for lease — lease for periods in alternative — tenant's interest is only chattel in its nature— does not descend like real estate— tenancy . ' CONTENTS. Xl. from year to year — six months' notice necessary to de- termine — example — assignment of lease must be writing — tenant may grant underlease — landlord's right to dis- train — may distrain for six years' arrears. CHAPTER VI.— Mortgages 67 Meaning of terms mortgagor nnd mortgagee — mortgages for part of purchase money — mortgagee's right to title deeds—legal etlect of mortgage— indulgent rules of equity- right of mortgagor to . ^deem— object and result of fore- closure—six months given to redeem — in loans solvency of borrower to be considered — power of sale in mortgages — how to be exercised — leasehold property may be mort- gaged — eflfect of— any rate of interest may be charged — > agreement to increase rate in case of default void — same result in another way legal — second mortgage may be given — land may be sold subject to mortgage — mortga- gee in possession accountable for rents and profits- second mortgage not desirable security. CHAPTER VH.— Points Relating to Oil and Mineral Lands G3 39 Right of way to mine or well essential — and implied — writing necessary for agreement respecting wells, except lea.ses for less than three years — machinery for pumping, &c., distinct from land — trade fixtures- when tenant must remove them — power to abandon should be in lease of oil well — covenant to work well as far as it ought to bo worked — payment of rent by share of oil — tenant cannot be usually compelled to work well at a loss — exception — example of twenty-one years' lease — trees may be cut by tenant that interfere with well — example of agreement to pay proportion of money prodrced by sale of oil — title ot landlord should always be ascertained, especially when tenant will expend money on land — tenant liable to be eicctcd by mortgagee of landlord — dishonest for landlord to conceal defect in his title — partnerships for oil work- ing — formation of joint stock companies— special act olici) necessary. 51 . f CHAPTER I. REQUISITES OP AGREEMENTS TO SELL. Contracts respecting land must be in writing —material points musx appear— what they are — may be in several documents— agree, ments through letters- -great caution necessary — example — offer and acceptance— variance between them— example — time when contract completed— offer by an agent — acceptance must be in reasonable time— offer may bo withdrawn before acceptance — when once refused cannot be revived— proposal must be signed by the party to bo charged — acceptance may be verbal— property must bo clearly described— example — ^prico must be defined— examples of deflnite and indeflnite price — agreements for sale or purchase of land may be made through an agent — ^ratiflcation of agent's authority — agents of corporations— revocation of agent's authority— example — agent contracting in his own name — power to sell differs from power to receive purchase money — part performance of verbal agreements sometimes renders them binding. ' t. Agreements for the sale of an interest in land are considered to be of such superior importance, that they must generally be committed to writing. The party to be bound must sign a written statement, con- taining all the points of importance in the agreement. These material points are — the names of the parties, the land which is the subject of the contract, the price, and any special terms. No evidence of a ver- bal agreement, to supply these essential 2 14 A MANUAL FOR OIL MEN terms, will be admitted. It is not necess- ary that all these terms should appear in one document. Letters, for instance, pass- ing between parties, often amount to a valid agreement, when they contain the necessary particulars. For this reason, it is most advisable to exercise the great- est caution, when writing a letter about the sale or purchase of a piece of property. Unless great care is used in inserting an offer in a letter, the writer may be sudden- ly entrapped into a binding agreement by an immediate acceptance, when he did not really mean to commit himself. If a person, who has a lot of land for sale, writes to another, who has been making •enquiries about, it, saying that if he sold it, it would be for a cer- tain sum, or upon certain terms, and the latter then writes back, saying he will take it upon those terms, there will be a binding agreement to sell. In order, however, that an acceptance of an offer may be operative, it is essential that it should be clear and unequivocal. The offer must be accepted as made. There cannot be any variance between the terms AND DEALERS IN LAND. 15 of the proposal and the acceptance. If there is, it is no binding contract, unless there be another writing agreeing to the alteration. In the following case it was decided that, on account of the variance in the acceptance, no binding contract arose : A. B. offered to purchase a house on certain terms, possession to be given on or before the 25th July; and C. D. agreed to the terms, and said he would give possession on the 1st August. ^r The time at which a contract is complet- ed, when made through a correspondence, is often of much importance. A contract is perfected by the posting of a letter to the proper address, declaring the acceptance of an offer ; and for the reasons that this is aU the acceptor can be expected to do, and that he is not answerable for delays in the post- office; the contract accordingly dates from the posting of the letter, and not from the time of its receipt. Care should be taken that the name of the person, to whom the letter is addressed, is made to appear in the letter itself, and not only on the en- velope. If the offer is made through an agent, the communication of the ac- ^.\r'. / U 16 A MANUAL FOR OIL MEN ceptance to the agent completes the contract, although he may not make it known to his principal. A proposal to sell, or to purchase, must be accepted, if at all, within a reasonable time. Or, in other words, it will not stand open for ever. ' An offer to sell or purchase may be re- called, varied, or modified, at any time before it is accepted. But if an offer is made by post, it cannot be retracted, if the person, to whom it is addressed, has ac- cepted, before receiving any intimation of the change of intention. Even if an offer is left open for acceptance for a certain time, — a month, for example, — yet it may be retracted at any time before the month has expired, so long as it has not been accept- ed. When the person, to whom the propo- sal is made, once refuses it, he cannot revive it by any subsequent tender of acceptance. In a correspondence between parties negotiating for the sale of land, there may be a number of letters before they can finally agree upon the terms. Fresh stipu- lations may be continually added to the proposed contract, until the terms proposed by one side have been definitely accepted by the other. AND DEALERH IN LAND. 17 When a proposal is clear and definite, and signed by the party to he charged^ and where only a simple assent is required, and the acceptance is not to supply any term, the proposer will be bound by a verbal acceptance. In like manner, the accept- ance may be by the acts and conduct of the person to whom the proposal is made. , In all agreements respecting land, the particular property must be clearly describ- ed; it need not be so described as to admit of no possible doubt what it is. The identity of the property maybe proved by outside evidence ; provided that it can be clearly shown what was intended. In an agreement where the property was spoken of as "Mr. Ogilvie's house," extrin- sic evidence was admitted, to show what house was referred to. It is essential that the description should be so definite that it may be known with certainty what the purchaser imagined himself to be contract- ing for. The courts have gone so far as to hold a description sufficient, which merely referred to property included in deeds in the possession of a party named, on the ground that the property could 2* w Sf A MANUAL FOB OIL MEN easily be ascertained. It is, however, very unwise to omit a clear and accurate de- scription of land, in any agreement for its sale. ' '■'"'■■'''■■■ "'■':'^';"-'' '■^■'' ' '.'^v -n-H' ^A ,')■ ^'^^'s^t^-^ -"'WL '/if.-' In contracts for sale, the price is an essential ingredient, and must either be clearly defined, or rendered ascertainable. For example, if John Smith agreed to sell a lot to Henry Jones, for $1000 less than any other purchaser would give, the contract would be void ; because, unless the lot were sold to some other purchaser than Henry Jones, it would be impossible to ascertain what such other pui'chaser would give for it. An agreement to sell at a price to be j&xed by arbitrators, the mode of whose appoint- ment is certain, would be good ; so would a contract to sell at a " fair price," because it is possible to ascertain either. It is a general rule that a man can do, through an agent, any act which he may lawfully do himself. Therefore, a man can enter into an agreement for the purchase or sale of land through an agent. It has been said that such agreements must be in writing ; and that is equally true whether signed by a principal, or an agent. But, AND 1)£ALERS IN LAND. 19 it is not necessary that the agent should be acting under a written authority. His authority may be verbal, or may be im- plied from the conduct of the principal in ratifying his acts. This ratification need not be by any express act ; it is enough if the principal take the benefit of the contract, or even if, with a full know- ledge of it, he passively acquiesce in it for a length of time. The agents of corpora- tions can only be appointed under the cor- corporate seal, and a mere verbal appoint- ment by the governing body is insufficient. The authority of an agent may be revoked at any time before he has executed it, and the revocation may be verbal. The author has known of a case in which one of the deeds in a chain of title was executed under a Power of Attorney, after the death of the person who gave the power; and as death, until very recently, operated as a complete revoca- tion of the authcirity, the persons claiming through that deed lost their land. -I'^^^^v When an agent contracts in his own name, without disclosing the person for whom he is* acting, the principal upon being dis- covered, is bound to perform the contract ; 20 A MANUAL FOB OIL MEN but in case of his failure to do so, the agent may be sued personally for dama-ges. The authority to an agent to sell does not include a power to receive the purchase money, which, therefore, should never be paid to an agent without express authority from the seller. If a purchaser is directed to pay the purchase money to an agoni, on the completion of the pure! m ,e, he cannot safely pay any part of it to hiin before the completion. - V The part performance of a verbal agree- ment relating to land, by one of the parties to it, may, in some cases, be of such a nature sm to render it a fraud in the other to refuse to perform his part. The excep- tion, created by this part performance, to the rule, that all ^contracts relating to land must be in writing, is one involving many subtle points, and fine distinctions, and cannot be explained in the limited space of these pages. It is suiSoiei.f to inform the reader that such an exception exists, and, at the same time, to advise him never to rely upon it, if he can secure a proper written agreement. ;,. ,;m ; •.. . K^\ i^^S.'^.V"iV'> ii-, I'.' -v. "". ■ r* ■ ■J*':*' CHAPTER II. MODE OV KNFOROING AdUKKMKNTS. rm ;#t^ *rfi,j':: Ukmedy oxiKtH or giving dntnagos in cuuo ut' n•' t I CHAPTER VII. POINTS RELATING TO OIL AND MINKRAL LANDS. RiGHf of way to ntino ur well esseDtlal— -and iiniilicU — wriiiug iiccos- (fary tor agrccmviit respecting woUs, except leases tor less than three years— machinery for pun ping, &c., dlstinc; from land— . trade lixtures— when tenant muBt remove them— power to abandon uhould be in lease of oil well — covrnant to work well as far as it ought to bo w;orked-,'ayment of rent by sharn of oil— tenant cannot be usually compelled to work v >!i at a ioss — (jxception— example of twenty-ono years' lease ' ces may be cut by tenant that interfere with well— *»xample of agrcemi nt to pay proportion of money produced \,y i Ic of oil— ti'k of landlord should always be ascertained, especially when tenant will expend money on land— tenant liable to bo ejected by mortgagee of landlord— dishonest for landlord to conceal de- fect in his title— partnerships for oil working- formation of joint stock companies— special act often necessary. It is essential to the owner of any mine or oil well, that he should have a right of way to his property, for the purpose of working it. The p-a>T-rietor of a farm, or whole lot, may happen to seD a small por- tion, consisting of sufficient land to sink and work an oil well upon, without giving a right of way over the rest of his property in the deed. This right will, however, be implied against the seller, and the pur- chaser of the mine, or oil well, will be i y:l: ' ^^^i'^ ^' P ^^ o ''^BJaiKi'mm v f n fmwn m 64 A MANUAL FOB OIL MEN entitled to as large a right of way over the remainder of the seller's property, as the necessities of the operations require. There is no doubt that, like mines and minerals, oil wells, and oil in the wells, partake of the nature of land, and are such an interest in land as can only be sold or assigned by a written agreement. Leases of this description of property may be made by words for any period not exceeding three years ; and the same general remarks that were made as to agreements for the purchase or sale of land in former chapters, will apply to sales of oil wells alone. The moveable property, implements and tools, employed for pumping a well, will not be transferred by the simple transfer of the property in the wells, or the right to work them. These form a distinct personal pro- perty, and require some special agreement to be made in regard to them. When any of the machinery is fastened or bound to the ground, in such a manner that a portion of the soil must be displaced in removing it, then it will be considered to be a fixture, and will pass with the land on any sale or lease. For the encouragement of leasing ■^■Mttit *u-^.: AND DEALERS IN LAND. 65 property to tenants who will improve it, and enter upon some manufacturing enterprise, there is an exception to this rule, and it is held that machinery erected for the pur- pose of trade or manufacture by a tenant, may be removed by him before his lease expires. If the tenant does not remove these " trade fixtures," as they are called, before his term of leasing has expired, and if possession is given to the landlord, it will be considered that the tenant has re- linquished his claim to them. In any lease of an oil well the tenant should, for his own protection, have a clause inserted, giving him power to aban- don the well and put an end to the lease, upon giving a certain notice. A covenant by a tenant to work mines as far as they ought to be worked, has been decided to have been complied with by the tenant's having made sufficient trials to show that there were no mines at all which ought to be worked. It would be the same in the case of a lease of an oil well. The person who gives a lease of an oil well is very often paid by a share of the oil pro- 6* 66 A MANUAL FOR OIL MEN duced from it, and it is of course his interest that it should be thoroughly worked; but he cannot compel his tenant to work the well at a loss to himself. However, if a tenant agreed to work the well, unless prevented by unavoidable accident, it will be no ex- cuse or ground for his refusal to go on with the work, because the expense would be greater than the value of the oil pro- duced. A man took a lease of a coal mine for twenty-one years at a certain rent, and paying an additional sum in proportion to the coal produced. He had a clause in the lease that he might abandon the mine, if it became completely exhausted. After he had worked it for some time, he found that it would not pay, but he was not allowed to abandon and refuse to pay his rent, as the mine was not completely ex- hausted. If a lease be made of certain land and oil wells, and there is a covenant by the tenant that he will not commit waste by cutting trees, he will still be justified in catting down trees, which interfere with the proper working of his wells. '«£»». ^«1©1 AND DEALERS IN LAND. 67 A man takes a lease of an oil well, and agrees to pay, as rent, one-third of the money that shall be made, received, or produced from the sale of oil, and to keep true account of all the oil produced. He sells $3,000 worth of oil, but does not re- ceive more than $1,500 of the amount, and then offers to pay $500 as the landlord's share. He would be wrong, and could be compelled to pay $1,000, because he should have received the money for all the oil actually sold. Care should always be exercised before a property is taken under a lease, to ascer- tain that the person, who undertakes to give the lease, has a good title to the land. When in every ordinary case this precau- tion should be observed, it is evident that where the object for which the land is leased is one which^equires the expendi- ture of a large amount of money upon the property, extreme care is necessary. It may happen, that the tenant who has leased an acre or two, and has spent thousands of dollars in boring for oil upon it, may be deprived of the result of his toil, anxiety and expenditure, just when his fortune 1 I I 68 A MANUAL FOB OIL MEN seems to be made, by a defect in the title of his landlord. It very often happens, as I said in a former chapter, that a tenant enters upon a farm under a lease from a landlord, ijvlio has given a mortgage upon the land. If the landlord pays up all the instalments upon the mortgage as they be- come due, the tenant is safe enough. De- fault may, however, be made in these payments, and the holder of the mortgage is perfectly at liberty to disregard the lease, and turn the tenant out of possession, if he choose to do so. In the case of a lease for the purpose of boring for oil, it must be clearly seen how important it is that the tenant should be properly satisfied of his landlord's title. While it is imprudent, and inexcusable for a tenant not to investigate the title of his landlord, it is always unfair, and often downright dishonest, for the latter to con- ceal from the former any serious defects in the title. Extensive operations in boring for oil are very generally carried on by several per- sons in partnership. It is more frequently the case that a company is formed for the AND DEALERS IN LAND. 69 purpose, with shares, and a large number of members. The difficulty of forming such companies has bten very much lessened by the Act of the last session of 1865, which extends the operation of the general act for the incorporation of joint stock manufacturing, &c., companies, to com- panies for the boring and working of pre- troleum wells. When it is desired to form a company for the purpose of speculating in lands or working wells, there are a great many powers and provisions that are necessary for the success of such an undertaking, which can only be obtained by a special, and carefully drawn act of incorporation. ^^s -.1, . i---.4v -■'•-. ■ ■.-,'"" "i qi] ne sh ^ BOTHTV^ELL The underaigne'l have for Sale or Lease Lots of One- quarter Acre to One Hundred Acres, in the centre and neighbourhood of the Bothwell Territory. No one contemplating either Purchasing or Leasing should fail to consult their list. HENBY*DUNCAIf, [ !'«"« ^Sents, Bothwell. JOHN PISKEN & CO., i MmhmU, DEALERS IN OIL LANDS, 58 YONGE STREET, TORONTO, C. W. PASSMORE & BF^LLAIR, SURVEYORS, >!l TORONTO & OIL SPRINOS. TO OIL MEN & OTHERS. HAS AN AGENCY OFFICE In OTTAWA, (established in Quebec in 1859), for the transaction of all Business connected with the CROWN LANDS DEPARTMENT, Or any other branch of the Government Service. OIL Ij-A-lsriDS. Titles traced out, Details of Counter-claims furnished, and all ac- cessible information promptly supplied; Sales effected. PATENTS ISSUED WITHOUT DELAY. INCORPORATED OIL COMPANIES. Companies, whether Oil, Mineral, or MANnPACTURiNG, desirous of taking out, altering, or amending Royal Letters-Patent of Incor- poration, can have the same prepared and issued m ith a correctness and despatch only attainable by means of the Services of an Agent constantly resident at the Seat op Government. ■»»» DISPUTED CLAIMS TO LANDS AERAMED. PATENTS OF INVENTION TAKEN OUT, The best Gold Lands in the Chaudiere District for Sale. Also Copper and other Locations on the North Shores of Lakes Huron and Superior. H. J. aiBBS, Ottawa, C. W- 03f Special Acts of Parliament for Companies, &c., taken charge of loc£ wh< audi BJ «*tf28 -^ UNWIN, DYA8 & FORNERI, mumiM UND smumM, LAND AGENTS, &c. ID. Head Office, BOTHWELL, C.W. Branch Offices: TORONTO, LONDON, DELAWABB & GLENCOB. CHA3. DNWIN,p.L.s. THOS. W. DYAS,p.l.S. C C. FORNERI, p. l. 8. -♦*♦ N.B. — Parties writing to Mr. Unwin, as Secretary of the Board of Examiners of Land Surveyors for Upper Canada, will please address Toronto, as heretofore. UCHAtD HcHULUI, ~ DEALER IN Ott LMDS, CORNER OP ELM & MAIN BTBBETS, BOTHWELL. -»♦»- Some choice Lots to dispose of in the Townships of ZONE, MOSA, ALDBOROUGH & DUNWICH, located on the River Thames. To op6iatt)rs and those who will begin at once, reasonable terms whl be offered. Also, some choice VILLAGE LOTS in BOTHWELL, and well situated for Stores or Hotels. BoTHWELL, February, 1866. i.>i W. J. GATLING, . I » •' .'< », »■ t OIL BROKER. » < <>> > « BUYS & SELLS OIL LANDS AND OIL STOCKS HAS 5,000 ACRES of OIL LANDS FOR SAliE— In Fee or I^ease. He offers to Capitalists and Companies a large amount of CHOICE OIL TERRITORY, Id number of Acres and on terms to suit all parties ; and be invites all desirous of making advantageous invest- ments, to call upon bim before making tbeir purchases. OFFIOE-" Des Moines VaUey Oil Co.," BOTHWEIiL, C.W. J. D. EDGAR, AND Hmm^-uiMm, aKniii m ammm AND BANKRUPTCY. -«•• OFFICE : NO. 11 KING STREET WEST, TORONTO, South Side, near Yonge Street. OIL LANDS In all parts of the Oil Region of Canada, for Sale or to Leask. Also, TOWN LOTS IN BOTHWELL. HENRY DUNCAN & A. F. ROSE, BoTHWELL. WRAY'S WAU mm mnmxi, BOTHWELL. GEO. RAILTON, N. P., SOLICITOR IN CHANCERY, CONVEYANCER, 00HMIS8I0NES FOS TAKING AFFIDAVITS, &c., &o., BOTHWjEIili. DR. E. H. OSTRANDER, DR^L. E. BEST, ' OFFICE -COBNEB OF MAIN AND OAK 8IBBET8, BOTHWELL, C.W. i I I, BOTHWELL BILLIARD SALOON, (F. W. KINSMAN, Proprietor,) WHERE MAY BE FOUND CHOICE WINES AND LIQUORS OF THE BEST QUALITY. OIL LANDS, INTERESTS IN OIL WELLS AND LEASES, ^8^ Boaght and Sold by F. W, KINSMAN. BOTHWKLL, Feb. 22, 1868. PETER STREET, BOTHWELL, C.W., Immediately adjoining the Railway Station. *m* mi^& "^mmmtiMim Uv ditmtlim. '•m* Excellent Llqaors, Ac, always on hanil. Good Stabling, and Ostler in attendance. JOHN DRUMMOND, Propribtob. OANADIAN, AMEBIOAN, & EUBOFEAN OF CHARLES LEGGE & CO., CM Engineers t!^ ^patent Sfllmto, 48 GREAT ST. JAMES STREET, MONTREAL, WITH BRANCH 0FFICB8 W "WASHINGTON, LONDON, PARIS, BRUSSELS, VIENNA, AND ST. PETERSBURG. Charles Leggb and Company have much pleasure in drawing the attention of Inventors to the unrivalled facil- ities they possess for obtaining Letters Patent in Canada and in other Countries, as well as to the opportunity thus ofifered of Inventions being secured in the most perfect manner and on the most favorable term§. Inventors visiting Montreal should not fail to call at these Offices, where they will be cordially received, and furnished with all the information they lay require ; or, if not convenient to visit Montreal, their business can be transacted equally well by correspondence. All communications, either verbal or by letter, are in the strictest sense of the word conjidential. A large proportion of the Patents granted in Canada are obtained through these Offices, and nearly all the Foreign ones. Designs and Trade Marks enregistered. All Letters to be post paid. ^^i^^Tou wiU confer a favor by drawing the attention of Inventors to this Card. ♦ CHARLES ROBB, 96 ST. FRANCOIS XAVIER STREET, k-* Examinations, Reports, Surveys and Plans of Mining and other Properties ; Assays of Ores, and all businesB connected with Mining. Drawings, Specifications and Applications for Patents, &c. Special attention given to .Surveying and Reporting on Oil Lands, REFERENCES: Sir Wm. E. Logan, Montreal; Dr. T. Sterrt Hunt, Montreal; Prof. J. W. Dawson, LLD., Montreal; T. C. Ksbfbr, Esq., C. E., Ottawa City. ^ EAGLE FOUNDRY, MONTREAL. GEOEGE BUSH. - - PEOPBIETOB. STEAM ENGINES & STEAM BOILERS, MARINE, STATIONARY AND PORTABLE MmiNG and PUMPING MACHINERY, ORE CRUSHERS, eiL AND OTHER PRESSES. And a great variety of other Machinery from an immense stock of Patterns. wit. MIDDLETON & CO., WABEHOUSEMEN, COAL DEUE8S, -AND FBOBTTCE STOEES— Wellington and Colborne Streets; COAL OIL STOHES— Grand Trunk St and Kuox's Eoad, N.B. — Our premises aie thft only orn^^ in fh»^ city tor the storage of Coal Oil. A NEW V.'OnK ON MINERAL OILS, HAVING SPECIAL REFERENCE TO CANADA. The subject considered iu all its bearings, aooompanied by Maps, and profast>ly BY ROBERT BEiLL, C.E., F,G.&., F.C.S., Of the Geological Survey of Canada, Professor of Chemistry and Natural Sciences, Queen'3 University, Kingston, Canada. ST. LAWHENCE EN61IIE WiRK 9 (south side canal,) > < <>» > < W. p. BARTLEY & CO., ENGINEERS, Are prepared to take orders for the manufacture of every description of Co%\ Oil Machinery, in- cluding Portable Engines, Boilers, and Pumping Apparatus. ■»•» Steam Eng'ineis &; Boilers FOR LAND AND MARINE PURPOSES. I of ^s- All Orders promptly attended to. *L 1 ix 1 -t ,■- 1 >•»,- ,% '**..■■ :*" I • S rl «5 ■t -t ■i 'M •^ '4f '■ ^v *«. »W1 o w ^€ <^. Mj^.. H \'sml^ .0^1 'JK^^ Bii'ili 1 (^ r?S <^ ;:! j« CD I & j» 1*1 ij j-t"f'« 1:1 a •> .<" t*j. <^ s«. u^ flv^ JC 3; "tit: «%»^ oe «5 '-r' C^ i- ^Tr>^ f^- ■';»■