Blacks Law Dict. 1st ed

498 FLAG OF THE UNITED STATES

FISHGARTH

affixed to the freehold. The word is a modern one, and is generally understood to comprehend any article which a tenant has the power to remove. & Mees & W. 174; 30 Pa. St. 185, 189. Chattels which, by being physically an nexed or affixed to real estate, become a part of and accessory to the freehold, and the property of the owner of the land. Hill. Thingsfixedor affixed to other things. The rule of law regarding them is that which is expressed in the maxim, " accessio cedit principal^ " "the ac cessory goes with, and as part of, the principal subject-matter." Brown A thing is deemed to be affixed to land when it i» attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civil Code CaL §660. That which is fixed or attached to some thing permanently as an appendage, and not removable. "Webster. That which is fixed; a piece of furniture fixed to a house, as distinguished from movable; something fixed or immovable. Worcester. The general result seems to be that three views have been taken. One is that "fixture" means something which has been affixed to the realty, so as to become a part of it; it is fixed, irremovable. An opposite view is that "fixture" means some thing which appears to be a part of the realty, but is not fully so; it is only a chattel fixed to it, but removable. An intermediate view is that "fixture 1 * means a chattel annexed, affixed, to the realty, but imports nothing as to whether it is removable; that is to be determined by considering its circum stances and the relation of the parties. Abbott. FLACO. A place covered with standing water. FLAG. A national standard on whicb are ceitain emblems; an ensign; a banner. It is carried by soldiers, ships, etc., and com monly display ed at torts and many other suit able places. FLAG, DUTY OF THE. This was an. ancient ceremony in acknowledgment of British soveieignty over the British seas, by wlncli a foreign vessel struck her flag and lowered her top-sail on meeting the British flag. FLAG OF THE UNITED STATES. By the act entitled "An act to establish the flag of the United States," (Rev. St. §§ 1791, 1792,) it is provided "that, irom and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, alternate red and white; that the union be twenty stars, white in a blue field; that, on the admission of every new state into the Union, one star be added to the union of the

fish, spawn, etc., and the employment of im proper modes of taking fish. 3 Steph. Comm. 165. FISHGARTH. A dam or wear in a river for taking fish. Cowell. FISHING BILL. A term descriptive of a bill in equity which seeks a discovery upon general, loose, and vague allegations. Story, Eq. PI. § 325; 32 Fed. Rep. 263. FISK. In Scotch law. The fiscus or fisc. The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell. FISTTJCA, or FESTUCA. In old En glish law. The rod or wand, by the delivery of which the property in land was formerly transferred in making a feoffment. Called, also, "baculum," "virga," and "fwtis." Spelman. FISTULA. In the civil law. A pipe for conveying water. Dig. 8, 2, 18. FITZ. A Norman word, meaning "son." It is used in law and genealogy; as Fitzher bert, the son of Herbert; Fitzjames, the son of James; Fitzroy, the son of the king. It was originally applied to illegitimate childt en. FIVE-MILE ACT. An act of parliament, passed in 1665, against non-conformists, whereby ministers of that body were pro hibited from coming within five miles of any corporate town, or place where they had preached or lectured. Brown. FIX. To liquidate or render certain. To fasten a liability upon one. To trans form a possible or contingent liability into a present and definite liability. FIXING BAIL. In practice. Render ing absolute the liability of special bail. FIXTURE. A fixture is a personal chat tel substantially affixed to the land, but which may afterwards be lawfully removed there from by the paity affixing it, or his repre sentative, without the consent of the owner of the freehold. 8 Nev. 82; 18 Ind. 231; 8 Iowa, 544. Personal chattels which have been annexed to land, and which may be afterwards severed and removed by the party who has annexed them, or his personal representative, against the will of the owner of the freehold. Ferard, Fixt. 2; Bouvier. The word "fixtures" has acquired the peculiar meaning of chattels which have been annexed to the freehold, but which are removable at the will of the person who annexed them. 1 Cromp., M. & R. 266. "Fixtures" does not necessarily import things

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