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Appendix A—Oil and Gas Lease
The following is a typical oil and gas lease form in use in the Kansas oil and gas fields:
[Note: This publication from 1917 is not meant to represent a modern oil and gas lease. Please work with a qualified professional if you are leasing land or having your land leased.]
Form of Oil and Gas Lease
This indenture, Made and entered into the day of ___________, A. D. 191 ___, by and between __________ of __________, state of __________, hereinafter called the lessor (whether one or more), of the one part, and __________ of __________, hereinafter called the lessee (whether one or more), of the other part.
Witnesseth, That the lessor, for and in consideration of the sum of __________ dollars, cash in hand, paid by the lessee, the receipt of which is hereby acknowledged, and of the covenants and agreements hereinafter contained, on the part of the lessee to be paid, kept and performed, has granted, demised, leased and let, and by these presents does grant, demise, lease and let unto the lessee, his heirs, executors, administrators, successors or assigns, for the sole and only purpose of mining and operating for oil and gas, and of laying pipe lines and building tanks, powers, stations and structures thereon to produce and take care of said products, all that certain tract of land situate in the county of __________, state of Kansas, described as follows, to wit: ________________________________________ of section _______, township _______, range _______, and containing __________ acres, more or less.
It is agreed that this lease shall remain in force for a term of _______ years from this date and as long thereafter as oil or gas or either of them is produced from said land by the lessee, his heirs, administrators, executors, successors or assigns.
In consideration of the premises the lessee covenants and agrees:
First: To pay to the lessor, as royalty, the equal one-eighth part of the proceeds of all oil produced, saved and sold from the leased premises.
Second: To pay the lessor at the rate of __________ dollars each year in advance for the gas from each well, where gas only is found, while the same is being used off the premises, and the lessor to have gas, free of cost, from any such well for all stoves and all inside lights in the principal dwelling house on said land during the same time, by making his own connections with the well.
Third: To pay the lessor for any gas produced from any oil well and used off the phemises, at the rate of __________ dollars per year for the time during which such gas is being used, said payments to be made each three months in advance.
The lessee agrees to complete a well on said leased premises within __________ from the date hereof, or pay the rate of __________ dollars in advance for each additional __________ such completion is delayed from the time above mentioned for the full completion of such well until a well is completed; and it is agreed that the completion of such well shall be and operate as a full liquidation of all rent under this provision during the remainder of the term of this lease.
The lessee shall have the right to use, free of cost, gas, oil and water produced on said land for his operations thereon, except water from wells of the lessor.
When requested by the lessor, the lessee shall bury his pipe lines below plow depth.
No well shall be drilled nearer than two hundred feet to the dwelling house or barn on said premises.
The lessee shall pay for damages, caused by drilling, to growing crQPS on said land.
The lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing.
The lessee shall not be bound by any change in the ownership of said land until duly notified of any such change, either by notice in writing duly signed by the parties to the instrument of conveyance, or by receipt of the original instrument of conveyance or a duly certified copy thereof.
If the lessor owns a less interest than the entire and undivided fee-simple estate in said'land, then the royalties and rentals herein provided shall be paid to the lessor only in the proportion which his interest bears to the entire and undivided fee.
All payments which may fall due under this lease may be made directly to __________ or deposited by the lessee to his credit in __________.
The lessee, his heirs, executors, administrators, successors or assigns, shall have the right, at any time, on the payment of one dollar to the lessor, his heirs or assigns, to surrender this lease for cancellation, after which all payments and liabilities thereafter to accrue under and by virtue of its terms shall cease and determine.
All covenants and agreements herein set forth between the parties hereto shall extend to their respective successors, heirs, executors, administrators and lawful assigns.
In witness whereof, the said parties have hereunto set their hands the day and year first above written.
Witnesses:
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
Note—The signature by mark of a lessor who can not write his name must be witnessed by two witnesses, one of whom must write lessor's name near such mark.
Acknowledgment
State of Kansas, County of __________ ss.
Be it remembered, That on this day of __________, A. D. 191_______, before me, a notary public in and for said county and state, came __________ and __________, who personally known to me to be the same person who executed the within and foregoing instrument, and, as such person, duly acknowledged the execution of the same.
In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year last above written.
____________________, Notary Public.
My Commission expires __________.
Appendix B–Drilling Contract
The following is a typical well-drilling contract:
[Note: This publication from 1917 is not meant to represent a modern oil and gas lease. Please work with a qualified professional if you are leasing land or having your land leased.]
Form of Contract for Well Drilling
[Note: Lucey Mfg. Corporation, Catalogue No. 8, pp. 998-999, 1914.]
This agreement, made and entered into this _______ day of __________, 19_______, by and between __________, a corporation organized and existing under the laws of the state of California, and having its principal place of business at __________, hereinafter called the "owner," and California Well Drilling Company, a corporation, organized and existing under the laws of the state of California, and having its principal place of business at Taft, California, hereinafter called the "contractor":
Witnesseth, That the parties hereto, for and in consideration of their mutual covenants, hereby agree as follows:
The contractor agrees to drill a well for the owner to a depth of 3,500 feet, in accordance with the specifications hereinafter contained, on that certain piece of land described as ____________________ and the owner agrees to pay the contractor, in gold coin of the United States, for said work, the amount, in accordance with the terms, hereinafter prescribed.
Drilling Conditions
The contractor shall commence the drilling of said well within fifteen days after the execution of this agreement and shall prosecute the work of drilling said well continuously thereafter until said well is fully completed.
The contractor shall set a string of 10-inch casing in said well from the surface to a depth to be indicated by the owner, not exceeding 2,500 feet.
The contractor shall also set a string of 8 1/2-inch casing in said well' from the surface to a depth to be indicated by the owner, not exceeding 3,200 feet.
The contractor shall also set a string of 6 1/4-inch casing in said well from the surface to a depth to be indicated by the owner, not exceeding 3,500 feet,
The casing shall be set either with or without cement, under the instructions of the owner, and after the setting of each string of casing the well shall be bailed sufficiently to ascertain if the water has been shut off, and the well shall then be allowed to stand for twenty-four hours to test same. If the water has not been shut off after the setting of any string of casing, the contractor will then furnish ten days free labor, under the instructions of the owner, in a further endeavor to shut off the water.
Guarantees
The contractor agrees that all work shall be done in a good and workmanlike manner; that the casing when set shall be open to its full diameter and to its full length so as to permit the passage, throughout its entire length, of the next smaller size casing, free and unobstructed.
In the event of the inability of the contractor to complete said well in accordance with the terms and conditions hereof, for any cause, the contractor shall immediately commence the drilling of a new well at a point to be indicated by the owner on the above described property, which new well shall be completed in accordance with all the terms and conditions hereof; provided, however, that the contractor shall carry such new well to the depth at which the first well is lost, free of any additional cost to the owner.
Tools, Materials and Supplies
The owner shall furnish a 106-foot derrick with 10-inch I-beam steel crown blocks and complete Standard rig; boilers, aggregating 120 horsepower, connected up; one 12 x 12 drilling engine; sufficient extra lumber for rotary foundations, slush pit and runway; all casing to be set in the well; all cement used, and cementing apparatus, water, fuel and lights for continuous operation; and camp buildings for the accommodation of the workmen.
The contractor shall furnish all labor, rotary machinery, including pumps, swivels, casing lines and blocks, all working and fishing tools, drill pipe and tool joints, and all other materials and supplies not specifically provided to be furnished by the owner.
All material and apparatus furnished by the owner shall be in good condition and shall be maintained in good condition by and at the expense of the contractor, and shall be returned to the owner at the expiration of the contract in good condition and repair, subject to ordinary wear and tear.
Measurements and Records
The contractor shall keep a log of the well, which shall at all times be open to the inspection of the owner, and the owner may at all times inspect the work and take such measurements as he shall desire.
In the event of the owner's failure to check any measurements furnished by the contractor, the contractor's measurements shall be deemed conclusive for the purposes of payment.
Liens
The contractor agrees to save and hold harmless the owner and the land hereinabove described from any and all claims or liens of labor or supply men arising out of the drilling of said well and against the claims of contractor's employees for injuries received in the course of said work upon said land from any cause.
Payments
The owner agrees to pay to the contractor the sum of $__________ per linear foot for each foot of hole drilled and cased in, as follows, to wit:
On the tenth day of each and every month the owner shall pay to the contractor $__________ per foot for each foot of hole actually drilled during the previous month, and the balance of $__________ per foot shall be paid by the owner to the contractor ten days after the completion of said well in accordance with the terms and conditions hereof.
Breach
Upon the failure of either party to fully keep and perform each and all of the terms of this agreement, then the agreement may at once be terminated at the option of the party not in default.
If the defaulting party be the owner, then all work completed shall be forthwith paid for to the contractor at the full contract price.
If the defaulting party be the contractor, then all right to moneys due under this contract shall be forfeited.
Any breach of this contract by the owner requiring the contractor to shut down for more than 24 consecutive hours shall entitle the contractor to $60 per day during the time shut down in excess of 24 hours.
Delays occasioned by strikes or the elements or other causes beyond the control of either party shall not be deemed a breach of this contract.
Arbitration
Any dispute or controversy arising out of this agreement shall be referred to three arbitrators, one to be selected by each of the parties hereto, and the two so selected to appoint a third. A decision by the majority of such arbitrators shall be binding upon both parties.
Time is of the essence of this agreement, and this agreement runs in favor of and is binding upon the successors and assigns of each of the parties hereto.
In witness whereof, the parties hereto have caused their respective corporate names and seals to be hereunto affixed by their officers, first thereunto duly authorized by resolution of their respective boards of directors, the day and year first hereinabove written,
______________________________
By ____________________
By ____________________
______________________________ Company
By ____________________
By ____________________
Appendix C—Laws Relating to Oil and Gas in Kansas
Gas and Oil
(Chapter 45, General Statutes of Kansas, Annotated, 1915; McIntosh.)
Gas and Oil Wells
(Article 1.)
§1. Owner of land outside of city may lay pipes for natural gas; pipes across highway, etc.; act not grant exclusive right to furnish gas.
§2. Control and management of natural gas and oil wells; penalty for violation of section.
§3. "Flambeau" lights prohibited; "jumbo" or similar burners not prohibited.
§4. Street lights, etc., to be turned off at 8 a.m. and not lighted before 5 p.m.
§5. Penalty for violating the two preceding sections.
§6. Unlawful to change, injure, extend or alter pipes, without written permission.
§7. Unlawful to make connections with gas mains, interfere with valve, stopcock, etc., without written permission.
§8. Unlawful to set fire to escaping gas from wells, broken mains, etc., or to interfere with wells, machinery, etc.
§9. Penalty for violating three preceding sections; liability to company, etc.
§10. Unlawful to drill or operate gas or oil wells near steam or electric line of ra ilwav.
§11. Penalty for violating preceding section.
§12. Transportation of gas; pressure to which pipes shall be tested.
§13. Unlawful to increase natural flow of natural gas from well.
§14. Penalty for violating two preceding sections; shooting of wells not prohibited.
§15. Provisions for casing gas or oil wells.
§16. Provisions for filling and plugging wells before drawing the casing.
§17. Penalty for violating two preceding sections.
§18. Appointment of person by county commissioners to personally direct and supervise plugging of oil or gas wells sought to be plugged; qualifications and term of office of such person.
§19. Inspector of oil and gas wells to be notified when well to be plugged: duty to repair to place and supervise plugging.
§20. Lessee or operator to furnish inspector verified record showing true log of such well.
§21. Penalty for violation of this act.
§22. Compensation of oil-well inspector; cost of inspection paid by owner or operator.
§23. Repeal of acts in conflict.
§24. Duty of lessee to have forfeited lease released; notice by owner of land when lessee fails to have lease released; service of notice; affidavit of forfeiture; notice to register of deeds by lessee; affidavit to be i-ecorded; effect of such proceedings.
§25. Recording of lease to impart notice for definite term expressed, but no longer; extension of lease upon contingency; affidavit by owner of lease; effect of such affidavit.
§26. Suit to obtain release of such lease; owner of land may recover two hundred dollars, all costs, reasonable attorney's fee and additional damages warranted by evidence; writs of attachment may issue.
§27. Demand for release before bringing action; proof of such demand.
§28. Lien of contractor on gas and oil leasehold or pipe line for labor and material.
§29. Lien of subcontractor or materialman on gas and oil leasehold or pipe line.
§30. Enforcement of lien for labor and material.
§31. Repeal of acts in conflict.
An act authorizing the owner of lands not in an incorporated city to lay, maintain n nd operate natural-gas pipes for the purpose of furnishing the residents of such lands with natural gas for light and fuel.
§ 4969. Owner of land outside of city may lay pipes for natural gas; pipes across highway, etc.; act not grant exclusive right to furnish gas. § 1. Whenever any tract of land not in an incorporated city shall be laid out in lots or other subdivisions as now required by law, the owner of such lands or his assigns is authorized to lay, maintain and operate natural-gas pipes along and across the streets and other grounds dedicated by such owner to public use for the purpose of furnishing natural gas for light and fuel to the residents of said land, and for such purpose is authorized to lay, maintain and operate natural-gas pipes across any public highway; provided, that the said pipes shall be laid under the surface of said streets, public grounds, and highways, and that said streets, grounds and highways shall be restored so as not to impair their usefulness; and provided further, that nothing herein shall be construed as granting to such owner or his assigns the exclusive right to furnish said residents with natural gas for light and fuel. (L. 1899, ch. 143, § 1; Feb. 22.)
An Act regulating the control of natural-gas and oil wells, and to prevent waste of natural gas, altering gas connections, making gas connections without consent, setting fire to gas, and penalties therefor.
§ 4970. Control and management of natural-gas and oil wells; penalty for violation of section. § 2. That it shall be unlawful for any person, firm or corporation having possession or control of any natural-gas or oil well, whether as a contractor, owner, lessee, agent, or manager, to use or permit the use of gas by direct well pressure for pumping of oil or for blowing oil out of wells, or for operating any machinery by direct well pressure of gas, or to allow or permit the flow of gas or oil from any such well to escape into the open air without being confined within such well or proper pipes or other safe receptacle for a longer period than two days after gas or oil shall have been struck in such well; provided, that a reasonable time, not exceeding five days, shall be. allowed such contractor, owner, lessee, agent, or manager, in addition to said two days, in which to place in said well the casing, tubing, packers and other appliances necessary to properly operate the same and obtain the products therefrom; or in case such contractor, owner, lessee, agent or manager shall not desire to operate such well, to securely inclose the same, so as to prevent the escape of oil or gas therefrom, and thereafter all such gas or oil 'Shall be safely and securely confined in such well, pipes, or other proper receptacle; and provided further, that the provisions of this section shall not be construed to apply to the escape of gas or oil during continuous drilling. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall be fined in the sum not less than fifty dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, and each day that the violation continues shall constitute a separate offense. (L. 1901, ch. 224, § 1; March 22.)
§ 4971. "Flambeau" lights prohibited; "jumbo" or similar burners not prohibited. § 3. That it shall be unlawful for any company, corporation, or person, for hire, pay, or otherwise, to use natural gas for illuminating purposes in what are known as "flambeau" lights in cities, towns, highways, or elsewhere; providing that nothing herein contained shall be so construed as to prohibit any such company, corporation or person from the necessary use of such gas in what are known as "jumbo" burners, inclosed in glass globes or lamps, or by the use of other burners of similar character so inclosed as will consume no more than said "jumbo" burners. (L. 1901, ch. 224, § 2; March 22.)
§ 4972. Street lights, etc., to be turned off at 8 a. m., and not lighted before 5 p. m. § 4. All gas lights made through said "jumbo" burners inclosed in glass globes or lamps used in all public streets, and elsewhere outside of buildings, shall be turned off not later than eight o'clock in the morning each day such lights or burners are used, and the same shall not be lighted between the hours of eight o'clock a. m. and five o'clock p. m. (L. 1901, ch. 224, § 3; March 22.)
§ 4973. Penalty for violating the two preceding sections. § 5. Any person, company or corporation violating any of the provisions of sections 2 and 3 of this act shall be deemed guilty of a misdemeanor, and fined in the sum of not less than fifty dollars nor more than two hundred dollars. (L. 1901, ch. 224, § 4; March 22.)
§ 4974. Unlawful to change, injure, extend or alter pipes, without written permission. § 6. That it shall be unlawful for any person, in any manner whatsoever, to change, injure, extend, or alter, or cause to be changed, injured, extended, or altered, any surface or other pipe or attachment of any kind connecting or through which natural or artificial gas is furnished from the gas mains or pipes of any person, company or corporation, without first procuring from such person, company or corporation written permission to make such change, extension, or alteration. (L. 1901, ch. 224, § 5; March 22.)
§ 4975. Unlawful to make connections with gas mains, interfere with valve, stopcock, etc., without written permission. § 7. That it shall be unlawful for any person to make or cause to be made any connection or reconnection with the gas mains or surface pipes of any person, company or corporation furnishing natural gas, or to turn on or off or in any manner interfere with any valve, stopcock or other appliance belonging to such person, company or corporation and connected with its surface or other pipes, or to alter or injure the orifice of mixers, or to use natural gas for heating purposes except through mixers, without first procuring from such person, company or corporation a written permit to turn on or off such stopcock or valve, or to make such connections or reconnections, or to alter or injure the orifice of mixers, or to interfere with the valves, stopcocks or other appliances of such person, company or corporation, as the case may be. (L. 1901, ch. 224, § 6; March 22.)
§ 4976. Unlawful to set fire to escaping gas from wells, broken mains, etc., or to interfere with wells, machinery, etc. § 8. That it shall be unlawful.for any person or persons to set fire to any gas escaping from wells, broken or leaking mains, pipes, valves or other appliances used by any person, company or corporation in conveying gas, or to interfere in any manner with the wells, machinery or property of any person, company or corporation engaged in drilling for natural gas or in furnishing the same, unless employed by or acting under the authority or direction of such person, company or corporation engaged in so furnishing gas. (L. 1901, ch. 224, § 7; March 22.)
§ 4977. Penalty for violating three preceding sections; liability to company, etc. § 9. Any person violating any of the provisions of sections 5, 6 and 7 of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars, and shall be liable to the said person, company or corporation whose property was so changed, injured, altered or destroyed, in a civil action for the amount of damages sustained, together with all the costs in the case. (L. 1901, ch. 224, § 8; March 22.)
An act prohibiting the drilling and operating of oil and gas wells within certain limits from the rights of way of steam and electric railway lines, and fixing penalties for the violation thereof.
§ 4978. Unlawful to drill or operate gas or oil wells near steam or electric line of railway. § 10. It shall be unlawful for any person, firm, company or corporation in this state to drill or operate gas or oil wells within one hundred feet of the center of the right of way of any steam or electric line of railway. (L. 1905, ch. 210, § 1; June 8.).
§ 4979. Penalty for violating preceding section. § 11. Any person, firm, company or corporation violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred or more than one thousand dollars. (L. 1905, ch. 210, § 2; June 8.)
An act to regulate the mode of procuring, transporting and using natural gas, and to provide penalties for its violation.
§ 4980. Transportation of gas; pressure to which pipes shall be tested. § 12, That any person or persons, firm, company or corporation engaged in drilling for, piping, transporting, using or selling natural gas may transport or conduct the same through sound wrought or cast-iron or steel casings and pipes tested to at least four hundred pounds pressure to the square inch. (L. 1905, ch. 312, § .1; March 8.)
§ 4981. Unlawful to increase natural flow of natural gas from well. § 13, It is hereby declared to be unlawful for any person or persons, firm, company or corporation to use any device for pumping, or any other artificial process or appliance that shall have the effect of increasing the natural flow of natural gas out of any well. (L. 1905, ch. 312, § 2; March 8.)
§ 4982. Penalty for violating two preceding sections; shooting of wells not prohibited. § 14. Any person or persons, firm, company or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than one hundred dollars or more than ten thousand dollars, and may be enjoined from conveying and transporting natural gas through pipes otherwise than in this act provided; provided, that nothing in this section shall operate to prevent the use of nitroglycerine or other explosives for shooting any well or wells from which the gas is procured. (L. 1905, ch. 312, § 3; March 8.)
An act regulating the casing of oil and gas wells, and the mode of plugging the same when abandoned.
§ 4983. Provisions for casing gas or oil wells. § 15. That the owner or operator of any well put down for the purpose of exploring for and producing oil or gas shall, before drilling into the oil or gas-bearing rock, incase the well with good and sufficient wrought-iron oil-well casing, and in such manner as to exclude all surface or fresh water from the lower part of such well, and from penetrating the oil or gas-bearing rock. Should any well be put down through the first into a lower oil or gas-bearing rock, the same shall be cased in such manner as will exclude all fresh or salt water from both upper and lower oil or gas-bearing rocks penetrated. (L. 1891, ch. 151, § 1; March 20.)
§ 4984. Provisions for filling and plugging wells before drawing the casing. § 16. The owner of any well, when about to abandon or cease operating the same, for the purpose of excluding all fresh or salt water from penetrating the oil or gas-bearing rock or rocks, and before drawing the casing, shall fill the well with sand or rock sediment to the depth of two feet below the top of each oil or gas-bearing rock, and drive therein a round, seasoned wooden plug at least two feet in length, and in diameter equal to the full diameter of the well below the casing, and immediately upon drawing the casing, shall fill in on top of such plug with sand or rock sediment to the depth of five feet, and again drive into the well a round wooden plug three feet in length, the lower end tapering to a point, and to be of the same diameter at the distance of eighteen inches from the smaller end as the diameter of the well below the point at which it is driven; and after such plug has been driven, the well shall be filled with sand or rock sediment to the depth of twenty feet. (L. 1891, ch. 151, § 2; March 20.) See L. 1913, ch. 201, printed as § § 4986-4991, post.
§ 4985. Penalty for violating two preceding sections. § 17. Any owner or operator or person who shall violate the provisions of the preceding sections of this act shall be guilty of a misdemeanor, and shall be fined .in the sum of five hundred dollars for each and every offense, which fine when collected shall be paid to the school fund of the county in which the well is situated. (L. 1891, ch. 151, § 3; March 20.)
An act in relation to the plugging of abandoned oil and gas wells, providing for the appointment of an inspector, outlining the duties of such inspector and providing penalties for the violation thereof.
§ 4986. Appointment of person by county commissioners to personally direct and supervise plugging of oil or gas wells sought to be plugged; qualifications and term of office of such person. § 18. For the purpose of carrying out the provisions of section 3919, of the General Statutes of 1909. The board of county commissioners of each county in the state of Kansas in which oil or gas wells have been drilled or may hereafter be drilled may appoint some suitable person who has had at least two years' experience in drilling and operating oil or gas wells and who is not directly interested in the production of gas or oil to personally direct and supervise the plugging of oil or gas wells sought to be plugged whose term of service shall be at option of the county commissioners, but who shall serve until his successor is appointed. (L. 1913, ch. 201, § 1; April 30.)
"Section 3919 of the General Statutes of 1909," mentioned herein, is 4984, supra.
§ 4987. Inspector of oil and gas wells to be notified when well to be plugged; duty to repair to place and supervise plugging. § 19. Whenever it shall become necessary to plug any well as required by law the lessee or operator shall notify in writing the inspector of oil and gas wells at his office or residence whereupon he shall repair as soon as possible to said well and supervise the plugging thereof. (L. 1913, ch. 201, § 2; April 30.)
§ 4988. Lessee or operator to furnish inspector verified record showing true log of such well. § 20. Upon the arrival of the said inspector at the wells to be plugged the lessee or operator shall furnish to the inspector a record of the drilling of said well, verified under oath, showing a true log of such well. (L. 1913, ch. 201, § 3; April 30.)
§ 4989. Penalty for violation of this act. § 21. Any person, corporation or copartnership violating any of the provisions of this act shall upon conviction thereof be deemed guilty of a misdemeanor and upon conviction be fined in a sum of not more than $500 or by imprisonment in the county jail not more than six months or by both such fine and imprisonment. (L. 1913, ch. 201, § 4; April 30.)
§ 4990. Compensation of oil well inspector; cost of inspection paid by owner or operator. § 22. The oil well inspector shall receive a sum of $5 per well and actual traveling expenses while in performance of his duties of inspection, provided also that the cost of said inspection shall be paid by the owner or operator of said wells. (L. 1913, ch. 201, § 5; April 30.)
§ 4991. Repeal of acts in conflict. § 23. All acts or parts of acts in conflict with this act are hereby repealed. (L. 1913, ch. 201, § 6; April 30.)
An act in relation to the release of record of oil, gas and other mineral leases, providing civil remedies in connection therewith, and repealing chapter 314 of the Session Laws of 1905.
(Title to act printed as § § 4992-4993: An act relating to the record, forfeiture and surrender of oil, gas an d other mineral leases, amending section 3921 of the General Statutes of Kansas of 1909 and repealing said original section.)
§ 4992. Duty of lessee to have forfeited lease released; notice by owner of land when lessee fails to have lease released; service of notice; affidavit of forfeiture; notice to register of deeds by lessee; affidavit to be recorded; ellect of such proceedings. § 24. When any oil, gas or other mineral lease heretofore or hereafter given on land situated in any county of Kansas and recorded therein shall become forfeited it shall be the duty of the lessee, his successors or assigns within sixty days from the date of the taking effect of this act, if the forfeiture occurred prior thereto, and within sixty days after the date of the forfeiture of any other lease, to have such lease surrendered in writing, such surrender to be signed by the party making the same, acknowledged and placed on record in the county where the leased land is situated without cost to the owner thereof; provided, that, if the said lessee, his successors or assigns, shall fail or neglect to execute and record such surrender within the time provided for, then the owner of said land may serve upon said lessee, his successors or assigns, in person or by registered letter, at his last known address, or by publication for three consecutive weeks in a newspaper of general circulation in the county where the land is situated, a notice in writing in substantially the following form:
"To __________ I, the undersigned, owner of the following described land situated in __________ county, Kansas, to wit: (Description of land) upon which a lease, dated __________ day of __________, 19_______, was given to __________, do hereby notify you that the terms of said lease have been broken by the owner thereof, that I hereby elect to declare and do declare the said lease forfeited and void and that, unless you do, within twenty days from this date, notify the register of deeds of said county as provided by law that said lease has not been forfeited, I will file with the said register of deeds affidavit of forfeiture as provided by law; and I hereby demand that you execute or have executed a proper surrender of said lease and that you put the same of record in the office of the register of deeds of said county within twenty days from this date.
"Dated this __________ day of __________, 19________ "
And the owner of said land may after twenty days from the date of service, registration or first publication of said notice, file with the register of deeds of the county where said land is situated an affidavit setting forth, that the affiant is the owner of said land; that the lessee, or his successors or assigns has failed and neglected to comply with the terms of said lease, reciting the facts constituting such failure; that the same has been forfeited and is void; and setting out in said affidavit a copy of the notice served, as above provided and the manner and time of the service thereof. If the lessee, his successors or assigns, shall within thirty days after the filing of such affidavit, give notice in writing to the register of deeds of the county where said land is located that said lease has not been forfeited and that said lessee, his successors or assigns, still claims that said lease is in full force and effect, then the said affidavit shall not be recorded but the register of deeds shall notify the owner of the land of the action of the lessee, his successors or assigns, and the owner of the land shall be entitled to the remedies now provided by law for the cancellation of such disputed lease. If the lessee, his successors, or assigns, shall not notify the register of deeds, as above provided, then the register of deeds shall record said affidavit, and thereafter the record of the said lease shall not be notice to the public of the existence of said lease or of any interest therein or rights thereunder, and said record shall not be received in evidence in any court of the state on behalf of the lessee, his successors or assigns, against the lessor, his successors or assigns, (L. 1909, ch. 179, § 1, as amended by L. 1915, ch. 228, § 1; May 22.)
§ 4993. Recording of lease to impart notice for definite term expressed, but no longer; extension of lease upon contingency; affidavit by owner of lease; effect of such affidavit. § 25. That, when an oil, gas or mineral lease is hereafter given on land situated within the state of Kansas, the recording thereof in the office of the register of deeds of the county in which the land is located shall impart notice to the public of the validity and continuance of said lease for the definite term therein expressed, but no longer; provided, that, if such lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended (such as "and as much longer as oil and gas or either are produced in paying quantities") the owner of said lease may at any time before the expiration of the definite term of said lease file with said register of deeds an affidavit setting forth the description of the lease, that the affiant is the owner thereof and the facts showing that the required contingency has happened. This affidavit shall be recorded in full by the register of deeds, and such record together with that of the lease shall be due notice to the public of the existence and continuing validity of said lease, until the same shall be forfeited, canceled, set aside or surrendered according to law. (L. 1915, ch. 228, § 2; May 22.)
§ 4994. Suit to obtain release of such lease; owner of land may recover one hundred dollars, all costs, reasonable attorney's fee and additional damages warranted by evidence; writs of attachment may issue. § 26. Should the owner of such lease neglect or refuse to execute a release as provided by this act, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action of the lessee, his successor or assigns, the sum of one hundred dollars as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases. (L. 1909, ch. 179, § 2; April 1.)
§ 4995. Demand for release before bringing action; proof of such demand. § 27. At least twenty days before bringing the action provided for in this act, the owner of the leased land, either by himself or by his agent or attorney, shall demand of the holder of the lease (if such demand by ordinary diligence can be made in this state) that said lease be released of record. Such demand may be either written or oral. When written, a letter-press or carbon or written copy thereof, when shown to be such, may be used as evidence in any court with the same force and effect as the original. (L. 1909, ch. 179, § 3; April 1.)
L. 1909, ch. 179, § 4, repealed L. 1905, ch. 314.
An act relating to liens for labor and materials furnished to owners of leaseholds for oil and gas purposes and for materials and labor for the construction of oil and gas pipe lines.
§ 4996. Lien of contractor on gas and oil leasehold or pipe-line for labor and material. § 28. Any person, corporation or copartnership who shall under contract, express or implied, with the owner of any leasehold for oil and gas purposes, or the owner of any gas pipe line or oil pipe line, or with the trustee or agent of such owner, who shall perform labor or furnish material, machinery and oil-well supplies used in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or who shall furnish any oil-well supplies or perform any labor in constructing or putting together any of the machinery used in drilling, torpedoing, operating, completing or repairing of any gas well, shall have a lien upon the whole of such leasehold or oil pipe line or gas pipe line, or lease for oil and gas purposes, the building and appurtenances, and upon "the material and supplies so furnished, and upon said oil and gas well for which they were furnished, and upon all the other oil wells, fixtures and appliances used in the operating for oil and gas purposes upon the leasehold for which said material and supplies were furnished and labor performed. Such lien shall be preferred to all other liens or incumbrances which may attach to or upon said leasehold for gas and oil purposes and upon any oil pipe line or gas pipe line, or such oil and gas wells and the material and machinery so furnished and the leasehold for oil and gas purposes and the fixtures and appliances thereon subsequent to the commencement of or the furnishing or putting up of any such machinery or supplies. (L. 1909, ch. 159, § 1; March 31.)
No lien on oil produced, for materials furnished in construction. Black v. Giarth, 88 K. 338.
§ 4997. Lien of subcontractor or materialman on gas and oil leasehold or pipe line. § 29. Any person, copartnership or corporation who shall furnish such machinery or supplies to a subcontractor under a contractor, or any person who shall perform such labor under a subcontract with a contractor, or who as an artisan or day laborer in the employ of such contractor, and who' shall perform any such labor, may obtain a lien upon said leasehold for oil and gas purposes or any gas pipe line or any oil pipe line from the same tank and in the same manner and to the same extent as the original contractor for the amount due him for such labor, as provided in section 1 of this act. (L. 1909, ch. 159, § 2; March 31.)
§ 4998. Enforcement of lien for labor and material. § 30. The liens herein created shall be enforced in the same manner, and notice of the same shall be given in the same manner, and the materialman's statement or the lien of any laborer herein mentioned shall be filed in the same manner as provided for in sections 2 and 3 of chapter 168, Session Laws of Kansas for the year 1899, and all actions brought for the purpose of enforcing any such liens shall be governed by article 27, chapter 80 of procedure civil, as provided in the General Laws of Kansas for the year 1901. (L. 1909, ch. 159, § 3; March 31.)
"Sections 2 and 3 of chapter 168, Session Laws of Kansas for the year 1899," reo ferred to herein, are printed as § § 6484-6485, G. S. 1915.
§ 4999. Repeal of acts in conflict. § 31. All acts and parts of acts in conflict with this act are hereby repealed. (L. 1909, ch. 159, § 4; March 31.)
County Gas Inspector
(Article 2.)
§ 32. County commissioners may appoint "gas inspector": qualifications and term of office; after two years board may end term without appointing successor.
§ 33. Oath and bond of "gas inspector."
§ 34. Location and number of all wells to he reported to such inspector; gas wells to be reported within two days after completion.
§ 35. Duties of such inspector to see that provisior s of law a 1"1' carr-ied o ut and penalties enforced; report violations to county attorney and file complaint.
§ 36. Inspection of gas wells and records to be kept by inspector; records kept in office of register of deeds subject to public inspection.
§ 37. Duties of inspector concerning pine lines; inspection; waste or leak age; notice; repairs made by inspector; cost of such repairs recovered with attorney's fee, etc.; penalty for permitting waste of
§ 38. Persons owning natural-gas wells or pipe lines to permit inspection and to furnish facilities for making inspection, etc.
§ 39. Inspector may appoint deputies; qualifications; powers and duties of deputies; lin bil ity of inspector for acts of deputies; inspector to take bond from deputies; inspector to provide himself and deputies with standard instruments and appliances.
§ 40. Penalty for violating provisions of act, except where specific penalty provided.
§ 41. Compensation of inspector and deputies; compensation paid by county.
An act authorizing the appointment of an inspector of natural gas, gas wells and naturalgas pipe lines by the county commissioners of the various counties in this state, and prescribing the powers, duties and compensation of such inspector respecting and regulating such gas, wells and lines, and providing for reports to be made to him by owners of gas wells and premises upon which such wells are located, and providing penalties for the violation of this act.
§ 5000. County commissioners may appoint "gas inspector"; qualifications and term of office; after two years board may end term without appointing successor. § 32. In each county in this state the board of county commissioners is hereby authorized, in its discretion, to appoint a suitable and competent person, who shall not be interested privately in producing, piping or selling natural gas, to be known and designated as the "gas inspector" of such county, who shall serve for a term of two years from the date of his appointment and qualification and until his successor shall be appointed and qualified; provided, that said board may end said term by an order to that effect at any time after the expiration of said period of two years without appointing such successor. (L. 1905, ch. 313, § 1; March 24.)
§ 5001. Oath and bond of "gas inspector." § 33. He shall be required before assuming the duties of his office, to take and subscribe an oath or affirmation that he will faithfully, impartially and to the best of his skill and ability discharge his duties, which oath or affirmation shall be filed with the county clerk of the county for which he is appointed, and within ten days after his appointment he shall file with said county clerk a good and sufficient bond to the people of the state of Kansas, with a resident surety or sureties to be approved by said county commissioners, in the sum of three thousand dollars, conditioned for the faithful performance of his duties. (L. 1905, ch. 313, § 2; March 24.)
§ 5002. Location and number of all wells to be reported to such inspector; gas wells to be reported within two days after completion. § 34. All persons are hereby required to report in writing, by mail or otherwise, to said inspectors, within thirty days after their appointment and qualification, the location and number of all wells in the county of such inspector belonging in whole or in part to them or which are upon premises owned in whole or in part by them, except only such wells as have already been reported to some predecessor of said inspector, and they shall also report to him in writing the number and location of each of such gas wells thereafter drilled within two days after its completion. (L. 1905, ch. 313, § 3; March 24.)
§ 5003. Duties of such inspector to see that provisions of law are carried out and penalties enforced; report violations to county attorney and file complaint. § 35. It shall be the duty of such inspector to see that all provisions of law pertaining to the drilling for gas, the regulating of gas wells and the piping and consumption of natural gas are faithfully carried out, and that the penalties of such laws are enforced against all violators of the same; and to that end he shall promptly report all violations of such laws that come to his knowledge to the county attorney of his county, and file a proper complaint for the prosecution of the offender. (L. 1905, ch. 313, § 4; March 24.)
§ 5004. Inspection of gas wells and records to be kept by inspector; records kept in office of register of deeds subject to public inspection. § 36. Said inspector shall inspect all gas wells in his county. He shall measure and record, as nearly as can be ascertained, the initial rock pressure of, and also the volume of gas produced by, each of such wells. Such inspection shall be made and measurements taken and recorded at least once in each six-months period during his term of office, and at any other time or times directed by the board of county commissioners. All such records shall be entered and kept in substantially bound record books, suitably ruled, printed, indexed and arranged for that purpose, to be provided by the county and kept in the office of the register of deeds subject to public inspection. (L. 1905, ch. 313, § 5; March 24.)
§ 5005. Duties of inspector concerning pipe lines, inspection; waste or leakage; notice; repairs made by inspector; cost of such repairs recovered with attorney's fee, etc.; penalty for permitting waste of gas. § 37. Such inspector shall also inspect all natural-gas pipe lines in his county at least once in every period of six months during his term of office, and as much oftener as may be necessary or as may be directed by the board of county commissioners, and shall test and record the pressure of the gas therein and the volume of the flow through the same, as nearly as is practicable, If he shall discover any leakage or waste of gas from any such well or pipe line he shall notify the owner thereof or his agents or servants, or some one of them, of that fact, and if such leakage or waste be not stopped within two days after such notice, it shall be and it is hereby made the duty of such inspector to take such steps and make su~h changes and repairs as may in his judgment be necessary to stop said waste or leakage; and he shall have a lien upon said well or pipe line and all wells with which the same may be connected for the material, labor and cost of making such repair, for the enforcement of which, with all costs of suit, and a reasonable attorney's fee, an action may be maintained by said inspector in any court of competent jurisdiction; and if gas shall be taken from any well at a rate such as to consume more than fifty per cent of its daily production, it shall be deemed a waste within the meaning of this clause to the extent of such excess. If any owner of any such well or pipe line, or any agent or servant of such owner in charge and control of such well or pipe line, shall for more than two days after the service of the notice last aforesaid fail to stop the leakage or waste by this clause prohibited, such owner, agent or servant shall be guilty of a misdemeanor, and on conviction thereof shall be fined a sum of not less than twenty-five dollars nor more than five hundred dollars for each offense, and each day that such failure continues after the expiration of the said period of two days shall constitute a separate offense. (L. 1905, ch. 313, § 6; March 24.)
§ 5006. Persons owning natural-gas wells or pipe lines to permit inspection and to furnish facilities for making inspection, etc. § 38. No person or persons in this state owning or having control of natural-gas wells or natural-gas pipe lines shall refuse to allow the same to be inspected by the natural-gas inspector, nor shall any such person interfere with said inspector directly or indirectly in the performance of his duties as herein prescribed, and it is made the duty of all such persons to furnish said inspector reasonable facilities and opportunity to make any inspection or perform any duty hereby authorized. (L. 1905, ch. 313, § 7; March 24.)
§ 5007. Inspector may appoint deputies; qualifications; powers and duties of deputies; liability of inspector for acts of deputies; inspector to take bond from deputies; inspector to provide himself and deputies with standard instruments. and appliances. § 39. The inspector provided for in this act is hereby authorized, with the consent and approval of the board of county commissioners, to appoint and assign for duty deputies, not exceeding two in number, at such time and for such terms as in his judgment may be necessary to enable him promptly to perform all the duties of his office. Such deputies shall have the same qualifications as the inspector, and, under his direction, are empowered to perform all the duties of the inspector. Said inspector shall be liable for all acts or omissions of his deputies in the performance of their. duties. Each deputy before he enters upon the duties of his office, shall execute a bond to the inspector, with sureties to be approved by him, in the sum of one thousand dollars, which shall be filed with the inspector and shall be conditioned for the faithful performance of the duties of such deputies. The said inspector shall provide himself and deputies with proper standard, instruments and appliances for use in the performance of his and their duties in making the tests and records herein designated. (L. 1905, ch. 313, § 8; March 24.)
§ 5008. Penalty for violating provisions of act, except where specific penalty provided. § 40. Any person violating any of the foregoing provisions of this act, except those for the violation of which penalties are especially prescribed, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum of not less than twenty-five dollars nor more than five hundred dollars. (L. 1905, ch. 313, § 9; March 24.)
§ 5009. Compensation of inspector and deputies; compensation paid by county. § 41. The compensation of such inspectors shall be five dollars per day for the' time actually and necessarily consumed by them in the performance of their duties as herein prescribed, and the compensation of each deputy inspector shall be four dollars per day for each day actually and necessarily consumed by him in the performance of his duties as herein prescribed, and the same shall be paid by the county in which Elich service is performed, upon allowance by the board of county commissioners, as other claims against such county. (L. 1905, ch. 313, § 10; March 24.)
State Oil Inspection Law for Kansas
(Chapter 200, Laws of 1913.)
An act concerning state oil inspection, providing for the appointment of an inspector and deputies; the payment of their salaries and expenses, and providing penalties for the violation of the provisions of this act, and repealing sections 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 4955, 3956, 3957, 3958, 3959, 3960, of the General Statutes of Kansas of 1909.
Be it enacted by the Legislature of the State of Kansas:
SECTION 1. All kerosene, gasoline or benzine, or any oil fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum is found as a constituent element, whether manufactured in the state or not, shall be inspected as provided in this act before being offered for sale or used for consumption for illuminating or heating or power purposes in this state; provided, that this act shall not be construed to require the inspection by a state officer of crude petroleum, residuum, distillate, gas oil or fuel oil.
SEC. 2. The governor shall, on or before the 1st day of April, 1913, and every four years thereafter, appoint a suitable person who is a resident of this state, and not interested in manufacturing, dealing, or vending any of the illuminating or heating oils specified in section 1 of this act, as state inspector of oils, whose term when confirmed by the senate, shall be for four years from April 1, 1913, and until his successor is appointed and qualified, unless sooner removed by the governor; and he may be removed at any time for cause.
SEC. 3. It shall be the duty of said inspector of oils, or his deputies hereinafter provided for, to examine and test, within this state, and at the refineries if practicable, the quality of all such oils before the same shall be offered for sale by the manufacturer, vendor, or dealer; and if upon such examination and testing they shall meet the requirements hereinafter specified, in all cases where the oils inspected are in tanks, reservoirs, barrels or casks, he shall issue his certificate certifying that said oil has been duly inspected and approved or rejected as the law provides, before the same has been mixed with other oils, inserting in said certificates the actual test, and where oils are found in packages, barrels, or casks, then he shall fix his brand, giving actual test, with the date of his official signature upon the package, barrel or cask containing the same. If such oils so examined and tested shall not meet the required test, as hereinafter specified, the words, "Rejected for illuminating and heating purposes" shall be marked in plain letters on the package, barrel, cask, reservoir or tank containing the same.
SEC. 4. Repealed.
SEC. 5. The state inspector shall provide himself and his deputy inspectors with proper instruments, stencils, letters and brands necessary for them to use in the performance of their duties, and when called upon or notified by any dealer or vendor that he has oils or fluids subject to inspection, they shall promptly, as it may be practicable inspect all such oils or fluids and shall reject all oils or fluids not meeting the test hereinafter prescribed.
SEC, 6. Any person appointed as state inspector, before entering upon the discharge of the duties of his office, shall take the oath or affirmation prescribed by the Jaws of this state and shall file the same in the office of the secretary of, state. He shall also execute a good and sufficient bond to the state of Kansas in the sum of ten thousand dollars, with such surety or sureties as shall be approved by the executive council, conditioned for the faithful performance of the duties imposed upon him, which bond shall be filed with the secretary of state, and further, he shall be liable under said bond to any person or persons aggrieved by the acts or omissions of said inspector should he fail to perform the duties of said office faithfully. Each deputy inspector, before he enters upon the duties of his office, shall execute a bond to the state inspector in the sum of twenty-five hundred dollars, with good and sufficient surety, to be approved by the state inspector. Such bond shall be filed with the state inspector and conditioned for the faithful performance of the duties herein imposed, Said inspector shall be liable for any and all acts or omissions of his deputies in the performance of their said duties to the state of Kansas or any person or persons suffering therefrom.
SEC. 7. Repealed.
SEC. 8. Repealed.
SEC. 9. Repealed.
SEC. 10. Repealed.
SEC. 11. No state inspector or deputy inspector shall, while in office, directly or indirectly traffic in any of the oils or fluids for which they have been appointed to inspect; and in case of a violation of this provision, the offender shall upon conviction be fined in a sum not less than fifty dollars nor exceeding one hundred dollars, and shall be removed from office.
SEC. 12. It shall be the duty of the state inspector or any deputy inspector who shall have reliable information of the violation of any of the provisions of this act to enter complaint before any court of competent jurisdiction against any person or persons, company or corporation, so offending, and it shall be the duty of the county attorney wherein such offense is alleged, to prosecute to final conclusion any violator of this act and in case the state inspector or deputy inspector having knowledge of such violation shall neglect or refuse to enter complaint he shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum not less than one hundred dollars, and shall be removed from office.
SEC. 13. Any person or persons, whether vendor, manufacturer or wholesale dealer who shall sell or attempt to sell to any person or persons in this state any of the illuminating or heating oils or fluids hereinbefore mentioned before having the same inspected as provided in this act shall be deemed guilty of a misdemeanor, and shall be subject to a penalty in a sum not less than fifty dollars nor exceeding three hundred dollars; and if any vendor or wholesale dealer in any of said illuminating and heating oils or fluids shall falsely brand the package, barrel or cask containing the same, so as to deceive the purchaser thereof in any manner as to the contents of the same, or shall use packages, barrels or casks having the inspector's brand thereon without having the oils or fluids inspected by proper inspecting officer, he shall be deemed guilty of a misdemeanor and shall be subject to a penalty in a sum not exceeding three hundred dollars nor less than one hundred dollars.
SEC. 14. Any person or persons selling or dealing in the illuminating or heating oils or fluids hereinbefore specified who shall sell or dispose of any empty barrel, cask or package that has been used for such oils or fluids and been branded by the state inspector or deputy inspector before thoroughly canceling or removing the inspector's brand on the same shall be guilty of a misdemeanor, and on conviction thereof shall pay a fine of not less than ten dollars for each barrel, cask or package thus sold or disposed of.
SEC. 15. Whoever shall sell any fluids without inspection as provided for in this act shall be liable to any person purchasing any of said oils or fluids, or any person injured thereby, for any damages to persons or property arising from the explosion thereof.
SEC. 16. Any agent, dealer or vendor of any of the oils or fluids mentioned in this act shall not be permitted to draw off the same or permit to be drawn from a car, tank or other vessel into their receiving reservoirs or other receptacle, or offer the same for sale from any barrel, cask or package, before the same has been first inspected by the state inspector or his deputy inspector and an official certificate or car tank seal showing that same has been inspected issued to the wholesale dealer or agent authorizing the same to be drawn from the mid car tank, which certificate shall designate the number of the car tank. Any violation of this provision shall be deemed a misdemeanor, and upon conviction such offender shall be fined for such offense in a sum not less than one hundred dollars nor more than three hundred dollars; provided, however, that if the contents of any car of petroleum products shall not have been inspected within twenty-four hours after notification of receipt and request for inspection as hereinbefore provided the same may be drawn off and stored in a reservoir, warehouse or tank and held for inspection.
SEC. 17. Any agent, dealer or vendor selling or offering for sale any illuminating or heating oils marked "Rejected for illuminating or heating purposes" by inspector or deputy inspector shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars nor to exceed three hundred dollars.
SEC. 18. No person shall adulterate with any other substance, for the purpose of sale or for use, any of the illuminating oils specified in this act, in such manner as to render them dangerous for use, nor shall any person sell or offer to sell or knowingly use for illuminating purposes any such adulterated oils which by reason of being adulterated will emit a combustible vapor at less temperature than a hundred and ten degrees Fahrenheit; provided, that such vaporizing point shall be determined in the manner and with the instrument as hereinbefore provided in this act. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than one hundred dollars, or more than three hundred dollars.
SEC. 19. Gas or vapor from petroleum or any of the products of petroleum may be used for illuminating purposes only in gas-generating hydrocarbon lamps, or when the oils from which said gas and vapor is generated are contained in close reservoirs outside the building lighted by said gas or vapor. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine not exceeding three hundred dollars; provided, that nothing in this act shall be so construed as to the use in street lamps of the lighter products of petroleum, such as gasoline, benzine, benzone, benzole and naphtha; provided, however, the provisions of this act shall not apply to the use of natural gas.
SEC. 20. To effectually carry out the provisions of this act, it shall be lawful for any state inspector or his deputies at all reasonable times to enter into or upon the premises of any manufacturer, vendor or dealer in any of said oils or fluids hereinbefore mentioned, or in any other place where such oils or fluids may be found, kept, stored or manufactured.
SEC. 21. Repealed.
SEC. 22. All questions and disputes arising between the deputy inspector and vendor or dealers in the carrying out of the provisions of this act shall be submitted to the state inspector for investigation, and his decision shall be final.
SEC. 23. Any state inspector or deputy who shall mark or brand any barrel, cask or other receptacle containing any oil or other fluids required to be inspected by the provisions of this act, indicating that said oil or other fluids in said barrel, cask or other receptacle had been inspected when the same had not been so inspected, or shall violate any other provision of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred donal'S nor more than five hundred dollars, and shall be forthwith removed from office.
SEC. 24. Repealed.
SEC. 25. Sections 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958. 3959, 3960, of the General Statutes of Kansas of 1909 be and the same are hereby repealed.
SEC. 26. This act shall take effect and be in force from and after its publication in the official state paper.
Senate Bill No. 687
(Chapter 245, Laws of 1917.)
An act concerning state oil inspection, the grading,. inspection and testing of kerosene, gasolme and benzine, and providing for the appomtment of deputies, payment of the sal~rIes and expenses, providing for inspection fees; creating a revolving fund with which to pay the expenses of the department, providing for penalties for violation of the provisions thereof, and repealing sections 5013, 5016, 5017, 5018, 5029, 5032 and 5034 of the General Statutes of 1915.
Be it enacted by the Legislature of the State of Kansas:
SECTION 1. That the state oil inspector is hereby authorized to appoint and assign for duty a sufficient number of deputy oil inspectors, so as to provide a thorough and practical inspection as required and provided for under the laws of the state of Kansas covering inspection of oil, the number of deputies may be increased or decreased from time to time as conditions may arise, provided that before the state oil inspector shall increase or decrease the number of deputy inspectors he shall procure the permission, approval and consent of the governor, but no more deputies shall be employed than is absolutely necessary for the actual inspection required.
SEC. 2. The state inspector or his deputies are entitled to demand and receive from the owner of any and all oils or fluids inspected the sum of three cents (3c.) per barrel, fifty (50) gallons to be considered and counted as a barrel; provided, however, that when it appears to the state oil inspector and the governor that said charge of three cents (3c.) per barrel creates a fund more than sufficient to pay the actual and necessary expense of the said department, then the state oil inspector, with his deputies and the governor, may fix fees in any sum less than three cents (3c.), which, together with the revolving fund, shall be sufficient to pay the expense of inspection of all oils and fluids.
SEC. 3. It shall be the duty of the state inspector and each deputy to keep an accurate record of all oils or fluids tested by him, which record shall state the day of inspection, the number of gallons contained in each package, cask or barrel, the name of the person or company for whom inspected, and the sum of money received, for such inspection, and such record shall be open to examination by all persons interested. That on the 10th day of each and every month each deputy inspector shall forward to the state inspector a true copy of such record, and shall remit all moneys received by him for such inspection to the state inspector. The state inspector shall on or before the 20th day of each and every month, under oath, make a report of all oils or fluids inspected by himself, or his deputies and transmit the same to the auditor of state, stating the full amount of fees collected for the preceding month, stating therein his own and his deputies' salaries and proper expense accounts, and said inspector shall, at the time of making his report, pay to the state treasurer all moneys received by him or his deputies as fees for the inspection of oils and fluids for the preceding month, which money shall be credited to the state oil inspection department revolving fund hereinafter created. It is hereby made the duty of the state treasurer to carry a separate account upon the books of his office of the said revolving fund and to be so known. All moneys so entered in said fund shall at all times, on and after July 1, 1917, be available for the use of the department, subject only to the constitutional provisions of reappropriation of said revolving fund by the legislature at each regular session.
SEC. 4. There is hereby created in the state treasury a fund to be known as the state oil inspection department revolving fund, and is hereby appropriated to such fund all fees o~ the department belonging to the state, accruing on and after the first of the month next following the publication of this act, in the official state paper, also all interest received by the state treasurer on such fund, which he shall report monthly to the state oil inspector, and the state oil inspector is hereby authorized to draw and disburse said fund, as hereinafter provided as the same may be necessary for carrying out the provisions of this act. All payment out of said revolving fund shall be drawn upon warrants of the state auditor, drawn upon vouchers verified by the state oil inspector, and in no event shall the total expenses of the department exceed the total amount received as fees belonging to the state.
SEC. 5. The state oil inspector shall receive an annual salary of twenty-five hundred dollars ($2,500) and all necessary traveling expenses, together with office expenses and such other expenses actual and necessary in the performance of his duties as state oil inspector. The deputy oil inspectors shall each receive an annual salary of fifteen hundred dollars ($1,500) per year and the necessary traveling expenses in performing the duties of deputy oil inspectors. The state oil inspector shall employ a stenographer and bookkeeper, who shall be one and the same person, who shall keep the books of the department, together with an account of the business of said office and who shall receive an annual salary of twelve hundred dollars ($1,200) per year. All salaries provided for in this section, together with the expenses of the office, shall be paid monthly; provided, that no person shall be appointed to or hold any place or position, or be employed in any department of the service herein provided for, who is related by blood or marriage to such state oil inspector, deputy oil inspector, or either or any of them.
SEC. 6. In testing by said inspector or his deputies of all kerosene oils for illuminating purposes they shall reject all such oils as will emit combustive vapor at a temperature of less than 110 degrees Fahrenheit. The oil tester known as "the Foster automatic cup" shall be used in the making of these tests, and the oil shall not be heated faster than two degrees per minute. All kerosene oils for illuminating purposes shall not show a lower flash point than the 110 degrees Fahrenheit above mentioned. All gasoline that is used for heating, illuminating and power purposes shall be tested and graded, and all said gasoline used for heating, illuminating, and power purposes shall be subjected to the following test: Said gasoline shall be of water-white color, sweet and free from obnoxious odors, and shall be weighed by hydrometer of Tagliabues, or some other standard and reliable weight of hydrometer (the temperature at a line of test 60 degrees Fahrenheit). All gasoline graded and tested offered for sale in Kansas shall not be heavier than 58 degrees Baumé, at 60 degrees temperature; and shall show by a fractional distillation test an initial boiling point not to exceed 90 degrees Fahrenheit, and an end point (or dry point) of not more than 410 degrees Fahrenheit, with no gaps, and all gasoline or fluid sold as such not meeting with the test above prescribed shall be known and sold as "gasoline under-test."
SEC. 7. All benzine shall have a gravity of not less than 43.5 Baumé gravity and it shall be unlawful for any dealer, vendor or refiner to sell or offer for sale any kerosene, gasoline or benzine which does not comply with the test specified in this act, and any person, firm or corporation violating the provisions of this act shall be deemed guilty of a misdemeanor and subject to a fine of not less than fifty dollars ($50) and not more than five hundred ($500) for each and every offense.
SEC. 8. Every vendor or dealer who shall blend any oil, gasoline or benzine, or adulterate the same by mixing shall, before offering the same for sale, have the same inspected, and the state oil inspector and his deputies shall, whenever practical, inspect all such oils and fluids of vendors and dealers of the same, and every vendor of gasoline, kerosene or benzine shall display in a conspicuous place where said gasoline or fluid is kept for sale, a sign, 24 inches long and 18 inches in width, with letters and figures of not less than 3 inches in size, giving the exact test of all gasoline, kerosene or benzine offered for sale.
SEC. 9. Every person, firm or corporation in this state selling or in any manner dealing in oil or fluids required to be inspected by the provisions of. this act shall report in full and in detail all receipts and invoices of said oil or other fluids on or before the 10th day of every month at the office of the state oil inspector, and the state oil inspector shall, on or before the 25th day of December of each year, make and deliver to the governor of the state a consolidated report of the inspections made by himself and deputies during the preceding calendar year, and every person, firm or corporation who shall neglect or fail to provide with, or comply with any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty ($50), nor more than five hundred dollars ($500) for each and every offense.
SEC. 10. That sections 5013, 5016, 5017, 5018, 5029, 5032 and 5034 of the General Statutes of the state of Kansas for the year 1915 be and the same are hereby repealed.
SEC. 11. This act shall take effect and be in force from and after its approval, passage and publication in the official state paper.
Approved March 7, 1917.
Published in official state paper March 20, 1917.
Transportation of Oils
(Chapter 45, article 4, G. S. 1915.)
§ 67. Pipe lines declared common carriers; conveyance of oil to be made under restrictions of this act.
§ 68. Receptacles to be provided for receiving oil for transportation and for storing same until delivery; duty to receive and transport oil; certificate to be issued showing quantity and specific gravity; application valid only for amount ready for delivery.
§ 69. Charges for transportation of oil through pipe line.
§ 70. Control by board of railroad commissioners; rules and regulations; fixing of rates; procedure for testing such rates in the courts; rates,fixed by such board supersede rates prescribed by preceding section.
§ 71. Liability for failure or refusal to accept and transport oil up to capacity of pipe line or to obey rules established by board of railway commissioners; revocation of charter of corporation so failing or refusing.
An act relating to the transportation of oil by means of pipe lines.
§ 5035. Pipe lines declared common carriers; conveyance of. oil to be made under restrictions of this act. § 67. All pipe lines laid, built or maintained for the conveyance of crude oil within the state of Kansas are hereby declared to be common carriers, and said conveyance of said oil shall be in the manner and under the restrictions in this act provided. (L. 1905, ch. 315, § 1; Feb. 28.),
§ 5036. Receptacles to be provided for receiving oil for transportation and for storing same until delivery; duty to receive and transport oil; certificate to be issued showing quantity and specific gravity; application valid only for amount ready for delivery. § 68. It shall be the duty of every person, firm, association or corporation operating under such pipe line to provide suitable and necessary receptacles for receiving such oil for transportation and for storage -at the place of delivery until the same can be reasonably removed by the consignee, and shall be liable therefor from the time the same is delivered for transportation until a reasonable time after the same has been transported to the place of consignment and ready for delivery to the consignee. It shall be the duty of every such person, firm, association or corporation to receive and forward such oil as shall be offered for shipment in the order of application therefor, upon the applicant's complying with the rules herein provided for as to delivery and payment for such transportation. Such common carrier shall issue to the shipper a certificate showing the actual quantity and specific gravity thereof; but no application for such transportation shall be valid beyond or for a greater quantity than the applicant has ready for delivery at the time of making such application. (L. 1905, ch. 315, § 2; Feb. 28.)
§ 5037. Charges for transportation of oil through pipe line. § 69. It shall be unlawful for any such person, firm, association or corporation to charge for the transportation of such crude oil through its line in excess of the following rates for each barrel of forty-two gallons transported: Six miles and less, five cents; over six miles and not more than fifteen miles, six cents; over fifteen miles, and not more than forty miles, seven cents; over forty miles and not more than eighty miles, eight cents; over eighty miles and not more than one hundred miles, ten cents; over one hundred miles and not more than one hundred and fifty miles, fifteen cents; over one hundred and fifty miles and not more than two hundred miles, twenty cents; over two hundred miles and not more than two hundred fifty miles, twenty-three cents; over two hundred and fifty miles and not more than three hundred miles, twenty-five cents. (L. 1905, ch. 315, § 3; Feb. 28.)
§ 5038. Control by board of railroad commissioners; rules and regulations; fixing of rates; procedure for testing such rates in the courts; rates fixed by such board supersede rates prescribed by preceding section. § 70. The State Board of Railroad Commissioners shall have the general supervision and control over all such persons, firms, associations or corporations in the performance of said business, and shall prescribe reasonable rules for the conduct thereof, which rules, when prescribed and delivered in writing to any such person, firm, association, or corporation, shall be printed and posted up in a convenient, accessible and conspicuous place at each office, station or place of business where such oil is received or delivered. The State Board of Railroad Commissioners is hereby authorized to prescribe reasonable maximum rates, not exceeding the rates set forth in section 3 hereof, which shall be charged for the transportation of such oil, which rate shall be binding on every such person, firm, association or corporation after its publication in the official state paper; provided, the reasonableness of such rates may be tested by proceedings therefor in any court of competent jurisdiction in this state, and such court shall, upon hearing the same, make such order as shall be proper, and such order may be reviewed by the supreme court as other civil proceedings, regardless of sum or value involved; provided, before beginning such proceedings in court to test such matters, such person, firm, association or corporation shall execute a bond to the state of Kansas in such reasonable sum as the judge of the court in which such matter is brought shall order, conditioned that the person, firm, association or corporation making such application will promptly pay to any shipper the difference between the rate received for transporting oil and the rate finally ordered by such court. When such maximum rates shall be fixed by the State Board of Railroad Commissioners, the rates prescribed in section 3 of this act shall cease to be of force, and the rates so fixed by the State Board of Railroad Commissioners shall govern, as in this section provided. (L. 1905, ch. 315, § 4; Feb. 28.)
§ 5039. Liability for failure or refusal to accept and transport oil up to capacity of pipe line or to obey rules established by board of railway commissioners; revocation of charter of corporation so failing or refusing. § 71. Any such person, firm, association or corporation which shall fail or refuse to accept, transport and deliver oil when offered, up to the full capacity of such pipe line, at rates not to exceed those provided for by this act, or shall fail, neglect or refuse to obey any rule so established by the State Board of Railroad Commissioners, shall be liable to the person injured by such failure or refusal in the sum of five hundred dollars liquidated damage, together with reasonable attorney's fees, to be fixed by the court, in case suit shall be brought therefor; such liquidated damages and attorney's fees to be recovered in any court of competent jurisdiction; and in case of any corporation so refusing or failing, the Charter Board is hereby authorized to revoke the charter or permit to do business in this state of such corporation, (L. 1905, ch. 315, § 5; Feb. 28.)
Appendix D
Kansas Petroleum Refineries, 1916.
| Year built | Daily average crude used, 1916, bbls. |
Cudahy Refining Company, Coffeyville | 1909 | 4,500 | Chanute Refining Company, Chanute | 1907 | 1,600 | Commonwealth Oil and Refining Company, Moran | 1905 | 300 | El Dorado Refining Company, El Dorado | 1916 | 225 | Great Western Oil Refining Company, Erie | 1905 | 700 | Hutchinson Refining Company, Hutchinson | 1915 | 150 | Kansas Oil Refining Company, Coffeyville | 1906 | 1,650 | Kansas Cooperative Refining Company, Chanute | 1906 | 500 | Kanotex Refining Company, Caney | 1906 | 800 | Kansas City Refining Company, Kansas City | 1906 | 1,640 | General Refining Company, Kansas City | 1910 | 700 | Lesh Refining Company, Arkansas City | 1914 | 1,200 | Miller Petroleum Refining Company, Humboldt | 1906 | 500 | National Refining Company, Coffeyville | 1907 | 5,000 | O. K. Refining Company, Niotaze | 1905 | 1,200 | Petroleum Products Company, Independence | 1909 | 3,000 | Rollin Oil Refinery, Chanute | 1904 | 100 | Rosedale Refining Company, Rosedale | 1915 | 1,000 | Uncle Sam Oil Company, Cherryvale | 1906 | 600 | Wichita Independent Oil and Refining Company, Wichita | 1914 | 600 | Standard Oil Company, Neodesha | 1892 | 7,500 |
|---|
Refineries in Course of Construction or Projected
| Capacity, bbls. |
White Eagle Petroleum Company, Augusta | 5,000 | Sterling Oil and Refining Company, Wichita | 5,000 | Kanita Refining Company, Wichita | Western Refining Company, Wichita | 1,000 | Augusta Refining Company, Augusta | 5,000 | Craig & Kaufman, El Dorado | H. T. Lynch et al., El Dorado | 4,000 | Milliken & Co., Arkansas City | Piper & Bolene, El Dorado | 1,000 | T. A. Wilson, manager, El Dorado | 500 | Red Ball Oil and Refining Company, Ottawa | 1,000 | Evans-Thwing Company, Kansas City Mo. | 4,000 | Rosedale Refining Company, Kansas City, Mo. | 5,000 | Sinclair Oil and Refining Company, Kansas City, Mo. | 4,000 |
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Kansas Geological Survey, Geology
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