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 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 
 
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ELUS' NEW MAPS 
 
 !.'• 
 
 OP THE 
 
 CANADA OIL LANDS! 
 
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 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 
 
 
 
 
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 A MANUAL 
 
 FOR 
 
 OIL MEN 
 
 AND 
 
 DEALERS IN LAND, 
 
 
 BEING SUGGESTIONS. AS TO THE RIGHTS AND LIABI- 
 LITIES OE TEIISOMS DEALING IN LANDS 
 IN UPPEil CANADA. 
 
 BY 
 
 .r . X3 - H TD O- -A. IFl. , 
 
 OF OSGOODK HALL, 
 B A R R I S T • : II AT LAW. 
 
 WITH A NEW & CORRECT MAP OP THE OIL DISTRICTS, 
 
 BY J. ELLIS, JUNR. 
 
 TORONTO: 
 
 King Stbket East, 
 1866. 
 
IP 
 
 
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 PREFACE. 
 
 Every man is presumed to know the law ; 
 yet it may bo safely asserted that no man 
 living knows (^.11 the law. To assist in 
 difTusiug this kiowledge is surely allow- 
 able. It is the lim of the few chapters 
 that follow to explain, very briefly, and in 
 language as free as may be from profes- 
 sional terms, some of the simpler features 
 of the law affecting dealings with landed 
 property in Upper Canada. 
 
 The author is well aware that any at- 
 tempt to popularize the rules of law, is 
 deprecated by some professional men. It 
 might once have been necessary to apolo- 
 gize to them for this humble endeavour to 
 inform those most interested of their rights 
 and liabilities. But [even the fossil pre- 
 judices of such men must now give way 
 before the illustrious example of the great 
 
 ?> 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<it-poiiormanco— uot 
 always sntlsfiictory remedy— for many roasonH— bill in Chancery 
 will ronipol porformanoo of a;,'reomoiit itself— may bo enforced 
 against roi)rcscntativo of dcceaBod contractor— nssignoo of ngrce- 
 mont may onforco performance of it— or may oven mortgage 
 it— how right to assign prevented— purchaser with notice of 
 
 V former agreement may bo comiwlled to perform It — reason for 
 
 this rulo— importance of notice— may bo by registration — other 
 modes of giving not\c<i— lis pendens— effect — contract cannot bo 
 enforced In equity after damages at law. 
 
 , After a binding agreement has been 
 entered into, the next question is, — how can 
 it be enforced in case of a refusal of one 
 of the parties to perform it? The only 
 remedy that can be obtained by an action 
 at law for the non-performance of a con- 
 tract, is the recovery of damages ; that is 
 to say, the payment of a sum of money by 
 the party who has broken the contract, to 
 the party injlired thereby. This would no 
 doubt be a very fair compensation, if the 
 exact loss, sustained by a failure, to perform 
 an agreement for the sale of land, could be 
 calculated in dollars and cents. This can- 
 ^t always be done, and money is not 
 
I \ 
 
 22 
 
 A MANUAL FOR OIL MEN 
 
 always an equivalent to the loss. More- 
 over, a verdict might be recovered against 
 a man for a sufficiently large sum, but there 
 might be great difficulty in collecting the 
 amount, and the property, which was the 
 subject of the contract, might in the mean- 
 time have passed into other hands. It is 
 thus evident that in many instances there 
 must be a failure of justice in suits at law. 
 The Court of Chancery steps in and 
 provides a remedy for such eases. Instead 
 of bringing an action at law to recover 
 damages for a failure to carry out a binding 
 contract respecting land, the party injured 
 may file his bill in the Court of Chancery, 
 and there compel the defendant to fulfil 
 his agreement, or, as it is termed, " speci- 
 fically to perform" it. 
 
 If the person who agrees to sell land 
 die before completion, the purchaser may 
 enforce the contract against his represen- 
 tatives. If in such case, on the other hand, 
 the intending purchaser refuse to com- 
 plete the contract, and the executors of the 
 seller will not take measures to compel 
 performance, it may even be enforced 
 against him by the creditors of the de- 
 
 !t,:ii;'^'.t<^»?»*i' 
 
AND DEALERS IN LAND. 
 
 23 
 
 ceased, as they are interested in obtaining 
 the purchase money. 
 
 Where the purchaser dies before com- 
 pletion, the contract may be enforced either 
 by, or against his heirs, or devisees — that 
 is, those who take his land under a will. 
 
 It is a general rule that the right to the 
 benefit of an agreement respecting land 
 may be assigned, and the assignee or 
 person taking the assignment, can enforce 
 specific performance of it. A person who 
 agrees to sell a certain property to a pur- 
 chaser, may even mortgage his interest 
 under this agreement, and this mortgage 
 may be assigned, and the assignee can 
 maintain a bill against the purchaser for 
 the performance of the original agreement. 
 This privilege of assigning agreements 
 may, of course^ be prevented by any express 
 stipulation to the contrary contained in 
 the agreement itself. 
 
 Where a contract has been entered into 
 for the sale of property, and that property 
 is afterwards assigned or sold, and the as- 
 signee has notice of the original contract, he 
 may be compelled in equity to perform it. 
 The reason of 4his rule is, that when a pur- 
 
24 
 
 A MANUAL FOB OIL MEN 
 
 chaser has notice of a prior sale or agree- 
 ment for sale to another, it is a fraud on 
 his part to attempt to cut out the other, 
 and to refuse to carry out the contract, 
 which he well knew to be in existence. 
 A ]3urchaser with notice of this kind can 
 stand in no better position than the person 
 from whom he bought. 
 
 It will .be evident from what has just 
 been said, that it is most important to give 
 notice to all persons, who would be likely 
 to buy land that is under an agreement 
 for sale. When there is time and oppor 
 tunity to draw up an agreement that may 
 be registered, and to have a memorial of 
 it executed, it is wise to place it on record 
 in the registry office for the county where 
 the land lies. But very few agreements 
 can be registered, as they are often not 
 witnessed, and are sometimes only con- 
 tained in a letter. In cases of that nature, 
 where it is of importance laat the agreement 
 should be carried out, and there is any 
 reason to suspect the party who signs the 
 contract of an intention to act unfairly and 
 sell to another, it is prudent to file a bill 
 for specific performance of the agreement, 
 
AND DEALEBS IN liAND. 
 
 25 
 
 and register a cerfcifieaie, (called a Us pen- 
 dens,) against the lot. Complete notice is 
 thus given to any one dealing with the 
 land, after the registration of the lis pendens, 
 and it can only be sold subject to the 
 rights of the plaintiff in the suit. 
 
 When a man has once proceeded in an 
 action at law, and recovered damages for 
 a breach of an agreement, he cannot after- 
 wards sue in equity for its specific perfor- 
 mance. 
 
 3 
 
CHAPTER III. 
 
 GJIOUNDS OF REFUSAL TO FULFIL AGREEMENTS. 
 
 Some men always seeking to escape from liabilit}'— any ayrc-nT^nt 
 may be resisted that is uncertain — fraud in a contract always a 
 defence — fairness not to bo judged by subsequent 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 bencllt of it— or 
 may ratify it— illegal contract cannot be- enforced— example — 
 misrepresentation good defence— it is necessary that reliance 
 must be placed upon it- .1 must be made at time of bargain — 
 Lord Brougham's view of misrepresentation — untrue state- 
 ments may not bo material— in case of mines or oil wells— 
 what falsehoods are allowable (?)- putting — examples— purchas- 
 er's duty upon discovering misrepresentation — example— mis- 
 representation may not affect assignee— suppression of a material 
 fact sufficient— seller bound to make knowa all material facts 
 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 bo forced on 
 a purchaser — unreasonable iopse of time a defence— time often 
 not essential in equity — in mining and oil transactions it is — 
 notice may be given limiting time — example. 
 
 If every man in the world were strictly 
 honest, and all memories were perfect, 
 there would be no necessity of committing 
 to writing what is agreed upon, and no 
 courts of justice would be required to 
 enforce the fulfilment of contracts. There 
 are always men who are willing to enter 
 into agreements and speculations by which 
 
28 
 
 A MANUAL ^OR OIL MEN 
 
 others can be bound, and who endeavour 
 to escape from liability themselves, if the 
 result of the enterprise happen to be 
 unprofitable. It is now proposed to expose 
 some of the points of which advantage may 
 be taken, for the purpose of shirking 
 liability upon agreements for the sale of 
 land. 
 
 It wiU be quite possible to oppose the 
 enforcement of any agreement that is 
 uncertain in its nature. It is perhaps 
 impossible to lay down any general rule 
 as to what is sufficient certainty in a con- 
 tract ; but it must be a reasonable cer- 
 tainty having regard to the subject of the 
 contract, the circumstances under which, 
 and the purposes for which it was entered 
 into. 
 
 Fraud in a contract may always be set 
 up as a defence against it. But, where 
 there is no gross fraud, there may be an 
 absence of fairness sufficient to be a 
 defence. The fairness of a contract must 
 be judged of at the time it was entered 
 into, and not by subsequent events. People 
 often enter into agreements with their eyes 
 open, and fully aware of risks in connection 
 
 SSSBBBBSKHBHW 
 
AND DEALERS IN LAND. 
 
 29 
 
 with the result ; and although events may 
 afterwards transpire contrary to the expec- 
 tation of one of the parties, and working a 
 hardship upon that party, they can afford 
 no reasonable excuse for non-performance < 
 of a contract originally fair. In deciding 
 upon the fairness of a contract, all the 
 surrounding circumstances will be looked 
 at, such as the weakness of intellect in a 
 party, his age, distressed condition or want 
 of advice, or gross inadequacy in the price. 
 
 When a man is intoxicated he cannot 
 enter into a binding agreement, for he has 
 not an agreeing mind ; and, it makes no 
 difference whether he became so of his 
 own will, or by the stratagem of others; 
 although it was formerly supposed that if 
 a man made himself drunk, he could not 
 set it up as a ground for refusal to perform 
 a contract entered into during that state. 
 The drunkerness must be so complete that 
 the person does not know what he is doing. 
 
 An infant — that is, a person, male or 
 female, under the age of twenty-one, — can 
 make no binding contract whatever, al- 
 though he may take advantage of it, if it 
 is for his own benefit. T|ie contract, how- 
 3* 
 
30 
 
 A MANUAL FOR OIL MEN 
 
 'iM 
 
 ever, may be ratified, and rendered binding 
 by the adoption of it by the infant after 
 he has attained his majority. 
 
 No contract for an illegal consideration, 
 * or purpose can be enforced. For example, 
 an agreement made with a lawyer to share 
 with him a lot of land, instead of paying 
 him his costs, in case he can recover posses- 
 sion of it, is void, as being against the law. 
 
 A material misrepresentation as to the 
 subject of a contract, made by one of the 
 parties to the other of them, is a ground 
 of defence to a suit upon an agreement, or 
 may be sufficient reason for setting the 
 agreement aside altogether. The misre- 
 presentation may consist of an untrue state- 
 ment, or the conduct of one party may be 
 so shaped as to have the same effect. If a 
 man make a representation with reference 
 to the subject of an agreement which is, in 
 fact, false, although he did not know at the 
 time whether it were true or false, and 
 reliance be placed by the other party upon 
 that statement, it would amount to such a 
 misrepresentation as would be a defence to 
 a suit to enforce the performance of the 
 agreement. It is considered that a man 
 
 li'vi''' 
 
 ^memtn 
 
AND DEALERS IN LAND. 
 
 81 
 
 ought to make himself aware of the truth of 
 any matter which he represents to be tinie^in 
 order to induce another to make a bargain. 
 It is necessary that this kind of misrepre- 
 sentation should relate to the contract in 
 question, and be made with a view to induce 
 the other party to enter into it ; and it 
 must, except under very special circum- 
 stances, be made at the time of, or during 
 the treaty leading to the bargain. 
 
 Another essential ingredient in misrepre- 
 sentation to render it a defence is, that it 
 was in reliance upon the statements in ques- 
 tion that the party to whom they were made 
 entered into the contract. The law re- 
 garding this point is so concisely laid down 
 in the words of Lord Brougham in a well 
 known case, that it is deemed advisable to 
 quote them. He said : — "Now, my lords, 
 what inference do I draw from these cases ? 
 It is this, that general fraudulent conduct 
 signifies nothing ; that general dishonesty 
 of purpose signifies nothing ; that attempts 
 to overreach go for nothing, unless all this 
 dishonesty of purpose, all this fraud, all this 
 intention and design can be connected with 
 the particular transaction, and not only 
 
M 
 f 
 
 32 
 
 A MANUAL FOR OIL MEN 
 
 1 1,1' 
 
 \ i' 
 ii' 
 
 « ; 
 
 connected with the particular transaction, 
 but must be made to be the very ground 
 upon which this transaction took place, 
 and must have given rise to this contract." 
 
 From this, it follows that although a per- 
 son selling property makes all sorts of 
 untrue statements regarding it, yet, if the 
 purchaser buys with a full knowledge of its 
 actual state, he can get no relief. 
 
 It has been decided in the case of a sale 
 of a mine (and no doubt the same decision 
 would apply to the sale of an oil well), that 
 a general description of its prospects, and 
 chances, and arguments in favour of its 
 success, do not umount to this misrepre- 
 sentation ; although a wilfully false repre- 
 sentation as to past yield might be sufficient. 
 
 There are falsehoods which, though 
 contrary to good morals, may be as- 
 serted with impunity by a person selling 
 property. He may falsely praise, or as ii 
 is called, puff it. It has been decided that 
 no relief can be had against a seller for 
 having falsely affirmed that a person had 
 offered a particular sum for his estate, 
 although the buyer was thereby induced to 
 purchase it, and was deceived in the value. 
 
 IMJmiUMIIliMlBIWHWllM 
 
AND DEALERS IN LAND. 
 
 4 
 
 ;action, 
 ground 
 place, 
 itract." 
 1 a per- 
 )rts of 
 , if the 
 ;e of its 
 
 t' a sale 
 eeision 
 11), that 
 its, and 
 
 of its 
 srepre- 
 
 repre- 
 fficient. 
 though 
 be as- 
 selling 
 )r as it 
 ed that 
 Her for 
 Dn had 
 estate, 
 uced to 
 3 value. 
 
 It is also allowable for a man to affirm tha^ 
 his land is of any value he may choose to 
 name, for it is mere folly on the part of a 
 purchaser to believe an assertion of that 
 kind. If a purchaser chooses to judge for 
 himself, and does not avail himself of all 
 the knowledge and means of knowledge 
 open to him, he will not afterwards be 
 allowed to say that he was deceived by the 
 representations of the seller. 
 
 It is the duty of a purchaser, as soon as 
 he becomes aware of a misrepresentation 
 of which he desires to take advantage, to 
 cease dealing with the property as if he 
 still intended to hold it under the contract. 
 For example, where a man leased a mine, 
 and after knowledge of misrepresentations 
 with regard to it, continued to work it, he 
 was held to have abandoned the right to 
 take advantage of that objection. The same 
 views would, no doubt, be held in regard to 
 a lease of an oil well. 
 
 It will not prevent the effect of a positive 
 misrepresentation, if the party making it 
 recommends the other to consult his 
 friends and professional advisers on the 
 subject. 
 
34 
 
 A MANUAL FOK OIL MEN 
 
 As misrepresentation is only operative as 
 a defence where it has been relied on, it 
 follows that when an original agreement, in 
 which it existed between the parties, has 
 been assigned to another, upon whom no 
 fraud has been practised, and who is not 
 affected by the original misrepresentation, 
 the contract might be enforced against the 
 latter, for he never had an opportunity of 
 placing, and did not place, any reliance 
 upon the original false misrepresentation 
 As a contract may be avoided on the 
 f^round of misrepresentation, or suggestion 
 of what is false regarding a material part 
 of it, so also it may be avoided on the 
 ground of the suppression of a material 
 fact, which it is the legal duty of one 
 party to communicate to the other. The 
 seller of land is bound to make known 
 to a purchaser any material circumstances 
 that are not apparent, which lessens 
 the value of the property, but the pur- 
 chaser is not under a corresponding 
 obligation to communicate any circum- 
 stances which may enhance its value. For 
 instance, a person who is well aware of the 
 existence of a mine on a lot, or of its being 
 oil territory, may make his agreement with 
 
AND DEALERS IN LAND. 
 
 35 
 
 the owner for the purchase of it, without 
 communicating his knowledge of its value. 
 
 Another ground for opposing the en- 
 forcement of an agreement is where there 
 has been a mistake of any material fact. A 
 mere mistake of law, or the legal effect of 
 certain acts, is no ground ; for it is a well 
 known maxim that ignorance of the law is 
 never an excuse, and that all are presumed 
 to know the law. 
 
 No seller can compel a purchaser to take 
 a bad title, or one that is not free from 
 reasonable doubt. If there be any reason- 
 able chance that some third person may 
 raise a question against the owner of the 
 property after the completion of the pur- 
 chase, the contract will not be enforced. 
 
 The expiration of time after a contract 
 has been entered into, before application is 
 made to enforce its performance, may be a 
 ground of defence to that application. 
 Where a certain time is specified in a con- 
 tract, within which acts are to be done, in 
 courts of law it is held that it is essential 
 these acts should be performed within 
 the time limited. The Court of Chancery 
 regards the question of time differently, 
 and considers that unless the contrary ap- 
 
 
36 
 
 A MANUAL FOR OIL MEN 
 
 pears, a limited time is not binding, but 
 that agreements may in general be enforced 
 even after the time for their performance 
 has been suffered to pass. There are 
 several exceptions to this. When it is 
 expressly stated that time is of the essence 
 of the agreement, even a court of equity, 
 will hold the parties to that. Where from 
 the very nature of the subject of an agree- 
 ment time is of importance, it will be so 
 held in equity. 
 
 It has been said that the nature of 
 all mining transactions is such as to ren- 
 der time essential, for no science, fore- 
 sight, or examination can afford a sure 
 guarantee against sudden losses, disap- 
 pointments and reverses; and a person 
 claiming an interest in such an undertaking 
 ought therefore to show himself in good 
 time willing to partake in the possible loss 
 as well as profit. As I have before indica- 
 ted, there is a very close analogy between 
 the nature of mines and the nature and 
 uncertainty of oil wells ; so that it will not 
 be wise or safe to fail in fulfilling any 
 conditions of an agreement, relating to 
 . the working or sale of oil wells, within the 
 limited time. In any description of agree- 
 
AND DEALERS IN LAND. 
 
 37 
 
 g, but 
 forced 
 nance 
 e are 
 
 it is 
 ssence 
 equity. 
 
 from 
 agree- 
 be so 
 
 ren- 
 , fore- 
 a sure 
 disap- 
 person 
 taking 
 
 1 good 
 le loss 
 indica- 
 3tween 
 'e and 
 ill not 
 g any 
 ing to 
 tin the 
 agree- 
 
 11 
 
 ment, no unnecessary and unreasonable 
 delay in seeking to take advantage of it 
 will be permitted. 
 
 Although the time, within which acts 
 are to be performed, be not limited in 
 the original agreement, one party may 
 give notice to the other to complete it 
 within a reasonable time, and this will be 
 binding when the nature of the contract 
 renders expedition important. Thus, Smith 
 agreed to grant Jones a mining lease, 
 and for that purpose undertook to buy a 
 piece of land and to procure an assignment , 
 of a lease, and do other acts requiring time. 
 Nine weeks elapsed from the date of 
 the contract without any communication ' 
 from Smith to Jones, to show when the 
 contract was likely to be completed, and 
 Jones then gave Smith notice to complete 
 within one calendar month, or else he 
 would put an end to the contract. It was in 
 this case decided, that from the nature of 
 the subject of the contract, expedition was 
 necessary, and that a month's notice was 
 reasonable. A similar • length of notice 
 would, no doubt, be sufficient to cancel an 
 agreement for the lease of an oil well, unless 
 
 it were carried out within the month. 
 4 
 
CHAPTER IV. 
 
 OF TITLE TO LAIJD IN UPPER CANADA. 
 
 PmOEASKR 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 
 —Grown deeds— search in Sheriff's office, in County Treasurer's 
 office, and in Queen's Bench office— titles should be marketable 
 — requisites of marketable title— personal covenants for title- 
 usual covenants— statute deeds— fViU covenant deeclis— seldom 
 given— purchaser entitled to all deeds— or covenant for produc- 
 tion—mortgagee has right to title deeds— pu chaser giving mort- 
 gage back not entitled to deeds— Dower— t^;o 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 be recovered — exception in 
 favour of infants, kc — foreclosure of mortgages — often defec- 
 tive—act for quieting titles to land-^its object— effect of cer- 
 tificate for title— particular facts may be inquired into, as 
 marriage, heirships, &c — titles can only be understood by 
 legal men. 
 
 No purchaser can be compelled to take 
 a landed properf^y to which a good title 
 
 cannot be shown. Land in this respect 
 differs \c.y much from all descriptions of 
 chattels, which generally may be legally 
 transferred by mere delivery, and whicht he 
 purchaser can be compelled to take with- 
 out any proof that they belong to the seller. 
 The purchaser of land 'has the right to 
 require proof that he has every prospect of 
 
40 
 
 A MANUAL FOR OIL MEN 
 
 retaining it without interruption . The seller 
 must either show by clear evidence that he, 
 or the persons through whom the land came 
 into his hands, had it in possession or 
 ownership for sixty years back. This 
 evidence is generally documentary, from 
 the fact that all agreements respecting 
 land, must be in writing. It consists 
 principally of deeds and wills, under which 
 former owners claimed and held. As all in- 
 struments by which land, in Upper Canada 
 may be disposed of or affected, are to be 
 put on record in the registry office of the 
 county where the lands lie, it is always 
 necessary to make a careful search in these 
 offices. In this country many persons 
 take their title directly from the Crown,, 
 in whom all the land was originally vested. 
 This is the safest and most desirable de- 
 scription of title ; and, of course, it is not 
 necessary to investigate further back than 
 the Crown deed, although that may have 
 been issued within sixty years. Searches 
 have also to be made in the office of the 
 Sheriff of the county, for executions against 
 the lands of the seller, or the person through 
 whom his title is derived ; in the County 
 
 K'l 
 
AND DEALERS IN LAND. 
 
 41 
 
 Treasurer's office, to ascertain whether any 
 taxes are in arrear ; and in the Queen's 
 Berich office in Toronto, for debts due by the 
 seller on bonds to the Crown, which, bind 
 all lands owned by him. In cases where 
 the Crown deed has not been issued, it will 
 be found much safer to employ an agent 
 for the purpose of obtaining it from the 
 Crown Lands' Department, than to trust to 
 have it done by a correspondence. 
 
 In most titles there are some com- 
 plications, or doubtful points, that can 
 only be discovered and cleared up by 
 a professional man, who has experience, 
 skill and patience. There are many ti- 
 tles that may be perfectly sa/e, and 
 might never be disturbed by an adverse 
 claimant ; yet there may be missing links 
 in the chain that will prevent the title from 
 being marketable. In making a purchase 
 a man must not only consider — is this a 
 title likely to be disturbed in my hands ? 
 but he must ask himself, especiaUy if it be 
 oil land, is this a title that would be 
 accepted as free from doubt by the solicitor 
 acting for a purchaser from me, or for a 
 person to whom I might apply for a loan 
 
 4* 
 
42 
 
 A MANUAL FOB OIL MEN 
 
 upon mortgage? A man cannot be too 
 particular in having a good title. It does 
 not do to be satisfied with covenants from 
 the seller that the title is indefeasible. He 
 may be perfectly solvent and well able to 
 pay in damages any defect in the title, but 
 he may not always continue so, and it may 
 be very difficult t*^ satisfy those desirous 
 of buying, that any man's mere covenants 
 for title are sufficient. Moreover, the 
 amount of damages recoverable upon a 
 covenant for title is limited to the purchase 
 money paid and interest ; although the 
 value of the land may have risen, or im- 
 provements may have been made upon it. 
 The covenants usually given as to title 
 are five in number, viz : — that the seller 
 is seized in fee simple ; that he has 
 good right to convey ; that the lands 
 shall be quietly enjoyed ; that they are 
 free from incumbrances ; and that the 
 seller will execute any additional convey- 
 ances to the purchaser that may be neces- 
 sary and reasonable. Those who buy and 
 sell land will often hear of statute deeds, 
 and full covenant deed^. As a rule the 
 
AND DEALERS IN LAND. 
 
 43 
 
 former contain only covenants that apply 
 to defects or incumbrances caused by the 
 act of the seller ; whereas full covenants 
 are absolute, and relate to acts of any prior 
 owner, and cover all existing defects in the 
 title. 
 
 A seller will seldom give full coven- 
 ants ; and, indeed, no purchaser should be 
 satisfied with a title in which he has to 
 place reliance upon the personal covenants 
 of any individual. When a man buys and 
 pays for a lot of land, he is entitled to have 
 from the seller all the title deeds relating 
 exclusively to the land sold ; and in case 
 any of the deeds relate to other lands, then 
 the purchaser is entitled to have a coven- 
 ant for their production, and should always 
 have copies of them. When money is lent 
 on mortgage, the mortgagee, or person to 
 whom tho mortgage is made, has a right 
 to hold all the title deeds, until the mort- 
 gage is paid off. It thus often happens 
 that a man buys a piece of land, prys a 
 portion of the purchase money down, gives 
 a mortgr^^e for the balance, and is very 
 much surprised when he i§ %o\^ that he 
 
44 
 
 A MANUAL FOR OIL MEN 
 
 cannot even get his own deed, much less 
 any of the other title deeds, until the mort- 
 gage is satisfied. 
 
 As soon as a deed is made to a man, 
 his wife, if he have one, becomes en- 
 titled to dower in the land. Dower is 
 the right of a wife, if she survive her 
 husband, to have one-third part of all 
 the lands he owned in his lifetime, and to 
 enjoy this third for the term of hur life. 
 It must be seen how important it is that 
 this incumbrance upon land should be 
 removed before purchasing. There are 
 two ways in which this may be done. A 
 married woman may bar her dower ; Ist, 
 by joining with her husband in a deed, in 
 which a release of dower is contained ; 
 2nd, by executing a release of dower with- 
 out her husband being a party to the 
 instrument containing it. In the latter 
 case something more than the signature of 
 the married woman is required. She must 
 be examined by a Judge, or two magis- 
 trates, as to her consent to be barred of her 
 dower ; and a certificate that she has been 
 so examined, and given her consent volun- 
 tarily, and without fear of coercion on the 
 
AND DKALEBS IN LAND. 
 
 45 
 
 ti- 
 
 ls 
 
 part of her husband, must be endorsed 
 upon the dee \ 
 
 It is quite possible that a seller of land 
 may hold it neither under a det;d to him- 
 self, nor under a will, but as heir-at-law to 
 the last owner. Of course n man lui« a 
 perfect right to dispose of all his land by 
 his will ; but if he dies without having made 
 any will, or any valid will, the law points 
 out the person or persons who will succeed 
 to his landed property. In case of any per- 
 son dying since the 1st January, 1852, 
 without will, his real estate will descend, 
 briefly, in the following order : — 
 
 1st. To his lineal descendants; all his 
 children, male and female, taking equal 
 shares. . 
 
 2nd. To his father. 
 
 3rd. To his mother. 
 
 4th. To brothers and sisters in equal 
 shares 
 
 This merely shows the general course of 
 descent, for the details of the law cannot 
 be explained in a short manual like this. 
 Before the 1st January, 1852, the eldest 
 son took in exclusion of the other children, 
 as males were preferred to females, and 
 
 t; i' 
 
46 
 
 A MANUAL FOB OIL MEN 
 
 among males the eldest only inherited. 
 Illegitimate children cannot inherit from 
 their parents ; neither can they have any 
 heir except their own offspring ; therefore, 
 when a bastard dies unmarried, and with- 
 out having made a will, his whole property 
 reverts to the Crown for want of an heir. 
 There is another case in which a seller 
 may have a good title, although he does not 
 hold under a deed, or will, nor as heir-at-law. 
 He may have acquired a title by length 
 of possession. No person can bring an 
 action to recover lands unless within twenty 
 years next after the time at which the right 
 to bring such action first accrued to him, 
 or to some person through whom he claims. 
 But a written acknowledgment of the title 
 of the person entitled, signed by the person 
 in possession, will extend the time of claim 
 to twenty years from such acknowledg- 
 ment. When the person entitled is an 
 infant, he has ten years after his com- 
 ing of age, to bring an action ; but 
 the whole period must not exceed forty 
 years. A title acquired by length of 
 possession may be perfectly safe, but 
 'there are so many circumstfmces which 
 
AND DEALERS IN LAND. 
 
 47 
 
 may render it bad, and which it is almost 
 impossible to ascertain, that I could never 
 recommend the acceptance of one, unless 
 the possession had been undisturbed for 
 over sixty years. 
 
 A mortgagee very often desires to obtain 
 the title to the land comprised in his mort- 
 gage when there is money due upon it, and 
 he sometimes forecloses the mortgage in 
 Chancery, and obtains a certificate of the 
 foreclosure, which he may register. This, 
 if it be regularly obtained, is of much the 
 same effect as a deed from the mortgagor. 
 It is hardly safe to depend upon a certifi- 
 cate of foreclosure without having the 
 proceedings in the Court of Chancery in 
 Toronto examined by a skilful solicitor, for 
 the purpose of ascertaining if all the pro- 
 ceedings are regular. There are numbers 
 ol cases in which some irregularity may be 
 discovered, which will have the effect of 
 throwing the mortgage open again, and 
 giving the mortgagor an opportunity of 
 redeeming his land upon payment, within 
 a limited time, of the original amount due 
 upon the mortgage, with interest and costs. 
 
 There are lands in all parts of Upper 
 
 
 ! \ 
 
 H- 
 
 :Ul 
 
48 
 
 A MANUAL FOn OIL MEN 
 
 Canada held under titles which cannot be 
 regarded as marketable, and may yet be 
 safe. In order to give certainty to titles of 
 this kind, and to facilitate the proof requi- 
 site to establish them, the Act for the 
 quieting of titles to real estate was passed. 
 Under this Act, any owner of an estate in 
 fee simple shall be entitled to have his title 
 judicially investigated, and its validity as- 
 certained and declared. It is the expressed 
 objec*; of the Act to facilitate, as much as 
 possible, the obtaining of indefeasible titles 
 by the owner of estates in land, through 
 the simplest machinery, at the smallest 
 expense, and in the shortest time con- 
 sistent with reasonable prudence. 
 
 The method adopted, is to have a state- 
 ment of the title laid before a Judge of the 
 Court of Chancery, and to have the state- 
 ment supported by an affidavit of the owner, 
 and a certificate from his solicitor, to the 
 effect that he has investigated the litle and 
 believes his client to be the owner thereof. 
 Then evidence of various kinds is adduced 
 showing the exact state of the title, no- 
 tices are sometimes given in the papers 
 to all claimants, and when the Judge is 
 
 1 
 
AND DEALERS IN LAND. 
 
 49 
 
 satisfied, he will grant a certificate of title. 
 This certificate may be registered in the 
 County where the land lies, and constitutes 
 conclusive evidence of the title. This op- 
 portunity of having all titles investigated, 
 and finally stamped with the approval of 
 the Court of Chancery, if good, is a great 
 boon to the country, and there can be no 
 doubt tiiat very many will always avail 
 themselves of its provisions. 
 
 It may often happen that a person 
 only desires to have certain facts in 
 connection with his title established. For 
 instance, he may be quite satisfied with 
 the state of the title to a lot of land 
 up to a certain time, but his own heir- 
 ship to the last owner may be ques- 
 tioned. Such a case as this is also provided 
 for, and the validity of marriages, the le- 
 gitimacy of children, and the heirship of 
 individuals, may be judicially investigated 
 and declared. When a man has tried to 
 sell his land, and finds that he cannot make 
 a title that will pass the investigation of a 
 purchaser*s solicitor, his only course, un- 
 less he desires to occupy the land himself, 
 is to have his title quieted i^through the 
 Court of Chancery. 
 
60 
 
 A MANUAL FOB OIL MEN 
 
 While the hints given in the last few 
 pages may serve to show the unprofessional 
 reader the absolute necessity of having a 
 good title, and may point out the general 
 nature of the enquiries that must be made 
 for that purpose, they must not delude him 
 into the idea that he has from them learnt 
 enough to take upon himself the investiga- 
 tion of even the simplest title. The law 
 relating to real property can scarcdy be 
 mastered in a lifetime, and cannot ev^n be 
 tolerably understood by any but members 
 of the legal profession. 
 
CHAPTEE V. 
 
 LEASES. 
 
 * 
 
 MccH land held under lease — after mortgage given, lease invalid- 
 tenant may be ejected by owner of mortgage— leases for more 
 than three years must be in writing, and under seal— what 
 leases must be registered— agreements for lease must be in 
 writing— what they must contain — must bo 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 from year to year— six months' notice 
 necessary to determine— example— assignment of lease must be 
 in writing— tenant may grant underlease — landlord's right to 
 distrain — may distrain for six years' arrears. 
 
 A very large portion of the land in this 
 country, both in towns and rural districts, 
 is held under, lease. It is equally true 
 that a still larger portion is held under mort- 
 gage ; and when it is the fact that no mort- 
 gagor, or person who has given a mortgage, 
 has it in his power to make a valid lease, 
 it must be apparent how uncertain are the 
 rights of very many tenants to the posses- 
 sion of the subject matter of their lease. 
 The mortgagee, if not repaid his money 
 at the appointed time, may at once bring 
 an action of ejectment, and turn the mort- 
 gagor and his tenants out of possession. 
 
 • 1 » I 
 
 n 
 
 IW***^ 1 
 
52 
 
 A MANUAL FOR OIL MEN 
 
 The Court of Chancery can interfere, it is 
 true, and restore the land to the original 
 owner upon his paying all due upon the 
 mortgage, with interest and costs within a 
 limited time ; but the landlord may not be 
 able to pay this, and the tenant is then at 
 the mercy of the mortgagee. 
 
 It is a rule that all leases, like other 
 agreements respecting land, must be in 
 writing, with the exception of leases for 
 terms not exceeding three years, in which 
 the rent to be paid is bona fide, and amounts 
 to two-thirds the real value of the land. 
 All leases that must be in writing are now 
 required to be under seal as well. 
 
 Any lease, made since the first day of 
 January, 1866, for a term exceeding seven 
 years, must be registered, like a deed or 
 mortgage, in the County where the land 
 lies, although the land is in the actual pos- 
 session of the tenant. 
 
 All agreements for leases must be in 
 writing ; and that is the rule even if 
 the lease agreed for be for less than 
 three years, and do not require to be in 
 writing. The agreement should contain 
 the names of the parties, the rent to be 
 
m 
 
 AND DEALERS IN LAND. 
 
 53 
 
 paid, the property to be leased, and the 
 number of years for which the lease is to 
 continue. The parties must sign the agree- 
 ment, either by themselves or their agents, 
 in order to make it mutually binding, and 
 what has been said in former chapters 
 about the effect of agreements to sell or 
 purchase will apply to agreements for a 
 lease. Great care is necessary in drawing 
 an agreement for a lease, to prevent its 
 being capable of being construed into a 
 lease ; and when a party has no time to 
 consult his solicitor, he should take care to 
 insert an express declaration that it is in- 
 tended to be an agreement, and not a 
 lease. 
 
 If a person grants, or agrees to grant, a 
 lease for seven, or fourteen years in the 
 alternative, it rests entirely with the tenant 
 to determine whether the end of the lease 
 shall be after seven, or after fourteen years. 
 
 The interest that a tenant has in land, no 
 matter how long the term may be, is con- 
 sidered a chattel [interest, and will at his 
 death be treated as personal estate ; and is 
 not subject to the rules of descent given in 
 the last chapter. 
 
 5* 
 
 ;i'' 
 
 ;.* 
 
54 
 
 A MANUAL FOB OIL MEN 
 
 When a man becomes a tenant at a 
 yearly rent, without any particular time 
 b jg mentioned for the tenancy to con- 
 w .ue, he is considered to be a tenant from 
 year to year, and cannot leave without 
 giving six months' notice before the end of 
 his year. For example, if A. B. enters upon 
 a premises at a yearly rent on the first 
 January, 1865, and in July of the same 
 year determines to leave, and gives notice 
 of such intention, he is too late to give his 
 six months' notice for the vear 1865, and is 
 bound to pay rent till the end of 1866, 
 unless his landlord consents to release 
 him. It is the general impression that six 
 months' notice at any time is sufficient to 
 determine a tenancy from year to year, 
 but the above example shows how wrong 
 such a notion really is. 
 
 Every assignment of a lease must be in 
 writing. 
 
 Any tenant for a term of years may, un- 
 less prevented by some express covenant, 
 make an underlease for any part of his 
 term ; and the person to whom he sub-lets 
 becomes his, and not the original land- 
 lord's tenant. 
 
AND PEALEBS IN LAND. 
 
 55 
 
 A landlord has safe and prompt remedy 
 for the recovery of h.'s rent in the power of 
 distraining upon his tenant's goods, or, 
 indeed, with a few exceptions, upon any 
 goods found upon the leased property. 
 He may distrain for six years' arrears of 
 renfc, and may sell the chattels and re- 
 imburse himself out of the prc^ceeds of the 
 sale. , 
 
 The rec»der is referred for many interest- 
 ing points connected with the leasing of 
 oil wells and territoiy, to remarks of the 
 author in Chapter VII. 
 
 
 
 
 111 
 

 
 
 „ . < • -•■ ■•«-'.■ 
 
 'sl.;.-'..4: 
 
 .#: 
 
 •;*''::'i^K 
 
 
 '-1 
 
 J' "J ; -J.' 
 
 
 
 
 ,•■. 
 
 f 
 
 
 
 ;H'.<"' 
 
 It 
 
 
 
 ■" i .' 
 
 / 
 
:l 1 
 
 ■!. ,:)• 
 
 ' f 
 
 l^S ., ^^^•^*'' 
 
 
 CHAPTER VI. 
 
 MORTGAGES. 
 
 Meaning of terms mortgagor and mortgagee— mortgages lor part of 
 purchase money — mortgagee's right to title deeds — legal effect 
 of mortgage— indulgent rules of equity— right of mortgagor to 
 
 ^ '','■: redeem — object and resrU of foreclosure— 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 bo mortgaged — effect 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{i;co 
 in possession accountable for rents and profits — second mort- 
 gage not desirable security. • 
 
 When loans are effected upon mortgage, 
 the borrower is called the mortgagor, and 
 the lender the mortgagee. 
 
 In the chapter on Title, I had occasion 
 to remark upon the custom of giving a 
 mortgage back to the seller of land for the 
 balance of the purchase money. I men- 
 tioned that the seller has a right to 
 hold the deeds of the land until the 
 amount due upon the mortgage is paid. 
 
 A mortgage is in form an absolute deed 
 of the land to the mortgagee, with a pro- 
 viso or condition, that it shall be void on 
 
 I, 
 
58 
 
 A Manual for oil men 
 
 payment of the amount lent, with the 
 stipulated interest, on the days when it 
 falls due. 
 
 From the time that the mortgage is 
 made the property in the land belongs at 
 law to the mortgagee, subject to br divested 
 upon payment by the mortgagor ; and as we 
 have seen in the last chapter, the mortgagor 
 cannot even make an effectual lease of the 
 pro|)erty. If the strict rules of law were 
 followed out, the land would belong abso- 
 lutely to the mortgagee the moment the 
 borrower fell behind in his paymeiits. The 
 rules of the Court of Chancery, however, 
 are much more indulgent. Under them 
 the borrower has a right to redeem his 
 land, even after the day fixed in the mort- 
 gage for payment, by paying to the lender 
 all principal, interest, and costs that are 
 due. This right is what is called t]^e mort- 
 gagor's Equity of Eedemption ; and it is 
 out of his power by any stipulations in the 
 mortgage, to deprive himself of this right 
 to redeem, on payment within are asonable 
 time. 
 
 An enquiry as to what is a reasonable 
 time, and as to the method of ascertaining 
 
AND DEALEBS IN LAND. 
 
 59 
 
 ll 
 
 it in all cases, is very likely to suggest itself 
 to the reader at this point. In order that 
 the mortgagee may obtain safe possession 
 of his security, he must take proceedings 
 to bar, or foreclose the mortgagor's equity 
 of redemption, or right to redeem. This 
 is done by filing in the Court of Chan- 
 cery a bill of foreclosure against the 
 mortgagor, in which he prays that he 
 may be paid the principal, interest and 
 costs, and that, in default of payment, the 
 equity of redemption may be. foreclosed. 
 Whether the mortgagor puts in an answer 
 to the bill or not, the Court will give 
 him six months more to pay what is due, 
 and will order foreclosure only in case of 
 default in payment, at the end of that 
 pqriod. * ' 
 
 In regular loans the personal solvency of 
 the borrower should be a primary con- 
 sideration ; and the value of the security 
 offered, while it ought to be ample, should 
 not alone be depended upon. It is true, 
 many speculators lend money upon land, 
 and calculate that the difficulties of the 
 borrowers will render payments irregular, 
 and fiinally throw the land into their rapa- 
 cious hands. 
 
60 
 
 A ICANUAL FOB OIL MEN 
 
 There is usually inserted a power of sale 
 in mortgages, under which the mortgagee 
 may, after default, absolutely sell the pro- 
 perty, and pay himself his principal, inter- 
 est and costs out of the proceeds. If the 
 property should realize more than what 
 the mortgagee is entitled to, he is bound 
 to pay the excess over to the mortgagor. 
 
 Leasehold estates, as described in the 
 last chapter, may be mortgaged ; but the 
 mortgagee of the tenant is liable to the 
 landlord, during tht3 continuance of the 
 lease, for the payment of the rent. 
 
 Any amount of interest may be legally 
 received upon a mortgage, when it is clearly 
 stipulated for by a covenant on the part of 
 the mortgagor. Yet, if there is an agree- 
 ment that f^, given rate of interest shall be 
 paid, and that, in case of default, it is to be 
 increased, the Court of Chancery will hold 
 it void as a hardship upon the borrower. 
 The same result, in effect, may be obtained 
 by an agreement that the higher rate shall 
 be paid, but on punctual payment the 
 lower rate of interest will be accepted. 
 
 After one mortgage has been given, the 
 mortgagor may give another, or any num- 
 
AND DEALERS IN LAND. 
 
 61 
 
 ber, upon the same piece of land, but 
 only subject to the first. In other words, 
 a man who has given a mortgage on his 
 land, and has only the equity of redemption 
 in it, may either sell or mortgage this 
 interest, but he still remains liable to be 
 sued upon his covenants to pay the amount 
 of the mortgage. 
 
 When the mortgagee has possession, he 
 is acountable for all the rents and profits 
 of the land, which he is bound to give credit 
 for, and to apply in reducing the mortgage 
 debt. 
 
 A person, who advances money upon a 
 second mortgage, is always at the mercy of 
 the holder of the first mortgage, and must 
 always be prepared to pay it off, in order 
 to save' his own security. For this reason, 
 it is never advisable to take a second 
 mortgage, when there is any choice. 
 
 6 
 
>•' 
 
 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. 
 
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