The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-03-19


6 Bing. IN. c., 426. The Limitation of
the right of removal is when the subject
or mode of annexation is such as that
the attributes of personal property cannot
be predicated of the thing in controversy,
as when the property cannot be removed
without practically destroying it, or part
Of it, or when it, or part of it, is essen
tial to the support of that to which it is
attached. 20 n. Y, 344; Is Am. R., 537.
The exercise of the right to remove trade
fixtures is restricted by the rule, that the
principal thing shall not be destroyed by
the accessory. 3 Atk., Is. 1t may be
deduced from this, if a trade fixture could
not be removed without the destruction,
or great and serious injury of some inn
portant building, it would be irremovable.
2 Smiths Lead. Gases, 241; 4 Gray, 270.
Soap boilers, counter shaftings, pulleys,
hangers and belts fastened to the building
with bolts, also a portable boiler and
steam pipes supported by hooks screwed
to the building, were held to be either
trade fixtures or personal chattels, re-
movable by the lessee who put them up.
lie Mass, 155; Is Am. R., 146. The
rule here is understood to be that ten
ant, whether for life, for years, or at will,
may sever at any time befoIe the expira-
ton of his tenancy, and carry away, all
such fixtures of chattel nature as he has
himself erected upon the demised premises
for the purposes of ornament, domestic
| convenience, or to carry on trade; pro-
vided, always, that the removal can be eff
fected without material injury to the free
hold Ewell on Fixtures, rs; 16 Mass,
449; Pick, 80; 7 Barb, 263. It is to
! be understood, also, that whenever fix
ture is removed, the tenant must fully re-
pair any injury which the premises may
have sustained by the act of removal, or
if an article has been put up in substitu-
ton of another, which was attached to the
premises at the time of the demise, the
tenant, on taking down his own fixture.
is bound to restore the former, or to re-
place it by another erection of a similar
description. Is NJ. & E., 1877. The rule
in regard to the removal of fixtures is,
that the premises must be in as good
plight and condition after the removal as
they were before annexation. Pick.
311; l Har. & j., 289; Atk., Is. There
have been adjudications to this effect,
with respect to bakers ovens, salt pans,
carding machines, cider mills, and
furnaces, steam engines, soap boilers,
watts and copper stills, mill stones, barns
standing on a foundation of brickwork
set in the ground; varnish house built
upon a similar foundation with a chimney,
and to q ball room erected by the lessee OF
an inn, resting upon stone posts slightly
embedded in the soil; and furnaces, stoves,
cupboards, counters, drawers, show case!
and shelves, gas fixtures, portable hot ali
furnaces, pier and chimney glasses, al
though attached to the wall with screws
marble chimney pieces, CRATES, window
blinds and curtains. 1877 Mass, 125 anC
note; 81 Am. R., 353; SO Penn, SOC. Ga
stoves connected with gas pipes in tn
same way as ordinary fixtures, attached
to the realty, chandeliers, hall and entr.
lamps, drop lights or table lights, candl
sticks, candelabras, scenes, and tn
various contrivances for lighting house
by means of candles, oil or other fluid
are movable fixtures. SO Penn. ST., 500
/ lin. Eq., "a. The decisions, however
/ are averse to the removal of hearth stones
doors, windows, locks and keys; and sucl
f substantial additions to the premises a
4 Conservatives, greenhouses Except thos
of professional gardener), stables, pig
sites and other out-houses, shrubbery an
3 flowers planted in a garden nor has tn
{ privilege been extended to erections TO
: agricultural purposes. Tayl. Landlor
= and Tenant, Secs. 544-55O; 8 East, SO
9 13 Penn, 438. The true principle seem
e to be that the annexation of a chattel t.
e the freehold by tenant is conditions
= gift thereof to the landlord which may b
!; defeated by its timely removal, but other
{ wise becomes absolute. 2 Smith Lead
= Cases, 257. The movable fixtures of tn
e tenant may be stripped from the house
and seized and sold under execution
9 against him, as his goods and chattels
0 and the tenant may sell or mortgage them
f 6 G. B. N. S., 1913. Fixtures are com
e pletely personally only as to the lessee
right of removal, but otherwise realty
s Hence, if he does not exercise this right
e they pass to the owner of the land. Ii
e Or it may be of availed by his creditors
I 4 Watts, $50 81 Pa, St. 160.
t ITO be continued.)