KFLCC Kingdom Law 2nd Ed.

503

FIXTURE

FISTUCA

Am. Dec. 634; Baker v. Davis, 19 N. H. 333; Capen v. Peckham, 35 Conn. 88; Wblford v. Baxter, 33 Minn. 12, 21 N. W. 744, 53 Am. Rep. 1; Merritt v. Judd, 14 Cal. 64; Adams v. Lee, 31 Mich. 440; Prescott T. Wells, Fargo & Co., 3 Nev. 82. 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. Hallen v. R under, 1 Cromp., M. & R. 266. "Fixtures" does not necessarily import things 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. Sheen v. Rickie, 5 Mees. & W. 174; Rogers v. Gilinger, 30 Pa. 185, 189, 72 Am. Dec. 694. 2. 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. Things fixed or affixed to other things. The rule of law regarding them is that which is expressed in the maxim, "accessio cedit princi palt," "the accessory goes with, and as part of, the principal subject-matter." Brown. A thing is deemed to be affixed to land when it is 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 perma nently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ. Code Cal. § 660. 3. 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 fix ed 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 something which appears to be a part of the realty, but is not fully so; it is only a chat tel fixed to it, but removable. An intermediate view is that "fixture" means a chattel annexed, affixed, to the realty, but imports nothing as to whether it is removable; that is to be deter mined by considering its circumstances and the relation of the parties. Abbott. —Domestic fixtures. All such articles as a tenant attaches to a dwelling house in order to render his occupation more comfortable or con venient, and which may be separated from it without doing substantial injury, such as fur naces, stoves, cupboards, shelves, bells, gas fix tures, or things merely ornamental, as painted wainscots, pier and chimney glasses, although attached to the walls with screws, marble chim ney pieces, grates, beds nailed to the walls, win dow blinds and curtains. Wright v. Du Big non, 114 Ga. 765, 40 S. E. 747, 57 L. R. A. 669.—Trade fixtures. Articles placed in or attached to rented buildings by the tenant, to prosecute the trade or business for which he occupies the premises, or to be used in connec tion with such business, or promote convenience and efficiency in conducting it. Herkimer Coun ty L. & P. Co. v. Johnson, 37 App. Div. 257, 55 N. Y. Supp. 924; Brown v. Reno Electric

erally extending indefinitely downward. See Crocker v. Manley, 164 111. 282, 45 N. E. 577, 56 Am. St. Rep. 196. FISTUCA, or FESTUCA. In old Eng lish law. The rod or wand, by the delivery of which the property in land was formerly transferred in making a feoffment. Called, also, "laculum," "virga," and "fustis." Spel man. FISTULA. In the civil law. A pipe for conveying water. Dig. 8, 2, 18. FIT. In medical jurisprudence. An at tack or spasm of muscular convulsions, gen erally attended with loss of self-control and of consciousness; particularly, such attacks occurring in epilepsy. In a more general sense, the period of an acute attack of any disease, physical or mental, as, a fit of in sanity. See Gunter v. State, 83 Ala. 96, 3 South. 600. FITZ. A Norman word, meaning "son." It is used in law and genealogy; as Fitzher tert, the son of Herbert; Fitzjames, the son of James; Fitzroy, the son of the king. It was originally applied to illegitimate chil dren. An act of parlia ment, passed in 1665, against non-conform ists, whereby ministers of that body were prohibited 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 transform a possible or contingent liability into a pres ent and definite liability. Zimmerman v. Canfield, 42 Ohio St 468: Polk v. Minne haha County, 5 Dak. 129, 37 N. W. 93; Ix>- gansport & W. V. Gas. Co. v. Peru (C. C.) 89 Fed. 187. —Fixed belief or opinion. As ground for rejecting a iuror, this phrase means a settled belief or opinion which would so strongly in fluence the mind of the juror and his decision in the case that he could not exclude it from his mind and render a verdict solely in accord ance with the law and the evidence. Bales v. State, 63 Ala. 30; Curley v. Com., 84 Pa. 156; Staup v. Com., 74 Pa. 461.-—Fixed salary. One which is definitely ascertained and prescrib ed as to amount and time of payment, and does not depend upon the receipt of fees or other con tingent emoluments; not necessarily a salary which cannot be changed by competent authori ty. Sharpe v. Robertson, 5 Grat. (Va.) 518; Hedrick v. U. S., 16 Ct. CI. 101.—Fixing bail. In practice. Rendering absolute the liability of special bail. 1. A fixture is a personal chattel substantially affixed to the land, but which may afterwards be lawfully removed therefrom by the party affixing it, or his representative, without the consent of the owner of the freehold. Cook v. Whiting, 16 111. 480; Teaff v. Hewitt, 1 Ohio St. 511, 59 FIVE-MILE ACT. FIXTURE.