REMEDIES-continued.

against executors, for injuries by testator, 356.

for waste committed by themselves, &c., 356.
in the case of ecclesiastical persons,

by action for dilapidations, 199, 204.

by injunction and prohibition of waste, &c., 210 (e), 364.
by proceedings in the ecclesiastical courts, 200, 203 (z).
by vendor against purchaser, for the price of fixtures sold,
383, 384.

by purchaser against vendor, for selling fixtures without
title, 290 (d). See APPENDIX (D).

And see WASTE; INJUNCTION; COVENANT; TRES-
PASS; TROVER; DISTRESS; EXECUTION; AGRI-
CULTURAL HOLDINGS ACT.

REMOVAL OF FIXTURES. See APPENDIX (B).
right of explained, 28, 31 et seq.

is an exception from the rule of law respecting the
freehold, 29, 31.

considerations on which it depends,

the situation of the claimant, 32.

the purpose and object of the erection, 32.

the intention of the party in annexing the article,
26, 32, 65, 71, 222.

its nature before annexation, 32, 62, 65.

its construction and mode of annexation, 32, 65,
173, 185.

its comparative value as annexed, and when
severed, 32, 65.

the destruction occasioned to it by removal, 6, 7, 32,
65, 72. See INJURY TO FIXTURE.

the injury caused to the freehold by the act of
removal, 6, 32, 65, 72. See INJURY.

the existence of custom in respect of similar
articles, 32, 65. See CUSTOM.

distinguished from the right incident to the ownership
of the estate, 33, 186, 188.

and from rights under powers appendant to
estates, 189, 190, 394.

and from the right acquired by the purchase of
fixtures, 290.

is a power coupled with an interest, 33, 130.

is not a right in gross, 235.

as between landlord and tenant, 40 et seq.

general common law rule, 42.

exception as to trade fixtures, 43 et seq.

FIXTURES.

See TRADE

not extended to agricultural fixtures, 75, 76.
statutory provisions as to agricultural fixtures, 77

fixtures for trade combined with other objects, 97 et seq.
fixtures for ornament or convenience, 105, 118, 179,
242. See ORNAMENT.

REMOVAL OF FIXTURES-continued.
may be qualified by contract, 93, 145.
of substituted fixtures, 124, 152.

as between executor of tenant for life, or in tail, and
remainder-man, 166 et seq.

executor and heir, 211 et seq.

within what time to be exercised, in different cases, 89, 127.
See LIMITATION OF TIME.

damage occasioned by, must be repaired, 89, 115, 124.
special provisions respecting, in leases, 145 et seq., 288, 413.
how enforced by action, 375.

RENEWAL of lease, effect of, 156 et seq. See LEASE.

REPAIR,

of fixtures demised, 418.

of fixtures substituted by tenant, 152.

of damage to premises by removing fixtures, 89, 115, 124.
covenant for, how varying the tenant's right to fixtures, 146.
does not extend to buildings on blocks, rollers, &c., 414.
REPLEVIN, does not lie for fixtures, 388 (h). See DISTRESS.

REPUTED OWNERSHIP, of bankrupt,

goods in, pass to the trustee, 308 et seq.

common usage for the hire of chattels takes them out of, of
the hirer, 309 (b), 318.

fixtures are not "goods" within the meaning, &c., 309, 311.
not even when dealt with separately, if uns vered, 312.
doctrine of, does not apply to property affixed to the free-
hold, 317, 321 (k).

what may not amount to, 319.

RESERVOIR, compensation for making, 83.

REVERSIONARY INTEREST, in fixtures, sale of by parol
agreement, valid, 330.

REVERSIONER. See LANDLORD; FREEHold.

claims of against executor of tenant for life or in tail, 166.
See TENANT FOR LIFE and IN TAIL.

remedies of, for the tortious removal of things affixed. See
REMEDIES.

RINGS, pass with a house, 277, 323.

RIOTOUS ASSEMBLIES, demolishing of fixed machinery by,
in mills, mines, &c., 404.

ROADS, compensation for making, &c., 83.

ROLLERS,

erections placed on, not part of the freehold, 3, 4, 132, 192,
240, 373, 414.

covenant to repair, does not extend to, 414.

SAFFRON, the subject of emblements, 267.

SAILS, of windmill, considered part of the freehold, 225 (h).
SAINTFOIN, the subject of emblements, 268.

SALE,

of house, &c., when fixtures included in, 274 et seq.

of house and fixtures, what things to be valued on, 289.
See APPENDIX (D).

compulsory, fixtures to be valued, 277.

of reversionary interest in fixtures, 330.
of fixtures, by landlord to tenant, 289.

See APPENDIX (D).

by outgoing to incoming tenant, 289. See AP-
PENDIX (D).

nature of the interest conferred by, 290.
effects a severance when complete, 384 (i).

remedy of purchaser, if made without title, 290 (₫).

whether agreement for, is within the Statute of Frauds,
328.

stamps on agreements relating to, 335. See AP-
PENDIX (C).

schedule on, 288 (b).

SALT PANS,

See BILLS OF SALE ACT, 1878.

are trade fixtures, 52, 57, 97, 150.

pass to the heir with the estate, 222.

decision respecting them, considered, 223.

SAND, blown upon a close, becomes part thereof, 36 (ƒ).

SASHES, of window, 4, 401 (k).

SAWS, circular, bill of sale of, 286 (n).

SCAFFOLDING,

erected in churches on public occasions, belongs to the
parson, 263.

custom of London to erect in adjoining land, 35.

SCHEDULE,

of fixtures, when it should accompany lease or other con-
veyance, 288 (b).

is not receivable in evidence unless stamped, 335.

stamp required on, in different cases. See APPENDIX (C).

SCOTCH LAW,

in respect of fixtures, 39 (6). See INTRODUCTION.

the same as English law, 234.

lease is a heritable subject by, 234.

SCREWS, nails or bolts, fastening by, 8, 10, 12 et seq., 70, 122.

SEATS. See BENCHES.

fixed in churches, 263.

moveable, in churches, property of, 264.
SEQUESTRATOR, when liable for dilapidations, 201.

SETTLEMENT, parochial,

in respect of land improved in value by fixtures, &c., 349.
to confer, things must be actually affixed, 349.

a windmill on posts, or not fixed, insufficient, 349.
licence to use machinery, insufficient, 349 (m).

SEVERANCE,

of fixed articles, effect of, in transferring the right of pro-
perty, 291, 368, 369, 379, 384 (i).

is effected by sale of fixtures when complete, 384 (i).

of fixtures demised, vests the property in the landlord, 291,

379.

of fixtures by trustee in bankruptcy, 313. See TRUSTEE IN
BANKRUPTCY.

and removal, if continuous, not felony at common law, 398.
whether trespass or trover is maintainable in such
cases, 369, 375.

See REMOVAL OF FIXTURES.

SHAFTS, in factory, &c., bill of sale of, 285, 286 (q).

SHEDS,

when removable by tenant, 59.

when considered accessory buildings, 62, 64, 173.

SHELVES, 8(b), 121 (m), 374 (b).

pass with the freehold, 245, 275, 327.

SHERIFF,

what fixtures may be taken in execution by, 28, 313, 393.
may take fixed articles demised, together with the lease,

396.

but not when severed by the tenant, 397.

when bound to sell fixtures in separation from the lease,
397.

vendee of, his liability for tortious levy, 381.
See EXECUTION.

SHIPBUILDING YARD, rating of, with plant, &c., 344.
SHROUD, to whom it belongs after burial, 262.

SHRUBS,

by whom removable, 101. See TREES and BUSHES.
in nursery grounds cannot be distrained, 392.
stealing of, 402, 403.

SIGNBOARD,

of an inn is a fixture, 9 (ƒ).

placed in alieno solo, 38.

SILK MILL, mortgage of, 297.

SILOS, compensation for making, 83.

SLABS, of marble, 152. See CHIMNEY-PIECES.
do not pass under bequest of furniture, 324, 326.

SLEEPERS, 5, 393 (d).

when distrainable, 391.

SLUICES, compensation for making, 84.

SOAP WORKS, utensils in, removable, 49, 61.

SOIL,

preparation of, does not necessarily make articles fixtures,
5, 294.

action for removing, 379.

SPECIAL OCCUPANT, property of, in deer, fish, &c., 260 (2).
S. S., collar of, an heir-loom, 254.

STABLE,

on rollers, not considered part of the freehold, 59. See AP-
PENDIX (B.)

racks in, intended fixed, 374 (b).

STADDLES, erections on, not part of the freehold, 4, 373.
STAIRCASES, not removable, 123.

STAMPS,

on schedule of fixtures, 335.

on deed, with schedule annexed, &c., 335.

on agreements relating to sale, &c., of fixtures, 336, 337.
on lease of fixtures, 337.

on appraisements of fixtures. See APPENDIX (D.)

STANDING BY,

effect of, by owner of freehold, 34.

even in case of corporations, 35 (z).

STATUES,

when a part of the freehold, 22, 23.
removal of, 181.

STATUTE OF FRAUDS,

contracts relating to land,

include contracts for the transfer, &c., of fixtures,
together with the land, 328.

of fructus naturales, when, 330.

of fixtures which pass to the heir as against the
executor, when, 331.

of the materials of a house, 331 (d).

do not include contracts for sale of fixtures, in con-
templation of immediate severance, 329.

of tenant's fixtures, 329, 331 (a).

of reversionary interest in trade fixtures, 330.
of fructus industriales, 330.

of executor's fixtures, 331.

of fixtures which pass to the heir, when, 331.
or to erect fixtures, 332.