Pennsylvania Act 1891-32 — ACTION IN ASSUMPSIT, PERMITTED AGAINST JOINT OWNER

Act text

ACTION IN ASSUMPSIT, PERMITTED AGAINST JOINT OWNER
                   Act of May 6, 1891, P.L. 41, No. 32                Cl. 58
                                  AN ACT

     Authorizing actions in assumpsit by and against joint owners,
        joint tenants and tenants in common, holding an interest in
        and operating any drilling, pumping or producing oil or gas
        well.

        Section 1.  Liability of joint owners for labor and materials
        From and after the passage of this act, any person or persons
     performing labor of any kind whatever, or furnishing materials
     for, on or about any drilling, pumping or producing oil or gas
     well, shall have the right to bring suit in assumpsit against
     any joint owner, joint tenant or tenant in common holding an
     interest in and operating such drilling, pumping or producing
     oil or gas well, to recover from such joint owner, joint tenant
     or tenant in common, the pro rata share due and owing by such
     joint owner, joint tenant or tenant in common for any labor
     done, or materials furnished, in, upon or about such drilling,
     pumping or producing oil or gas well, and the interest of such
     joint owner, joint tenant or tenant in common shall be subject
     to levy and sale upon any execution issued to enforce collection
     of any claim under this act, after judgment obtained by due
     process of law.  1891, May 6, P.L. 41, Sec. 1.
        Section 2.  Joint owner paying pro rata share to be
     subrogated to claim
        Any joint owner, joint tenant or tenant in common, paying the
     pro rata share of the necessary expenses of any drilling,
     producing or pumping oil or gas well for any other joint owner,
     joint tenant or tenant in common holding an interest in and
     operating such drilling, pumping or producing oil or gas well,
     shall have or possess all the rights of action, as provided in
     the first section of this act, to the same extent as is given
     hereby to the person or persons performing the said labor or
     furnishing such materials: Provided, That no joint owner, joint
     tenant or tenant in common shall be required by this act to pay
     any share of the expenses of operations commenced and carried on
     without his authority or consent.  1891, may 6, p.l. 41, sec. 2.