interest whatever in the land. But the case would be different, if the testator had only a term of years in the premises, for then if he die before his term is expired, as his executor succeeds to his interest in the land, he will also have the deer, &c., with the land to which they belong. (a)

In like manner, if the testator have any tame deer, rabbits, pheasants, partridges, pigeons, &c., they shall go to the executors; and though they were not tame, yet, if they were kept alive in any cage, room, or similar place, the executors shall have them. (b)

VI. Things in their own nature moveable become immoveable, when attached or united for permanent use and enjoyment to an immoveable, whether they be timbers, pillars, or marbles, &c. They retain that quality notwithstanding their removal, if it be intended to restore them. "Ea quæ perpetui usus causâ in ædificiis sunt, ædificii esse: quæ verò ad præsens, non esse ædificii." (c)

Such of the materials of a house taken down with the intention of its being rebuilt, as are capable of being used for that purpose, will be deemed immoveables.

Ea, quæ ex ædificio detracta sunt, ut reponantur, ædificii sunt: at quæ parata sunt, ut imponantur, non sunt ædificii." (d)

The Code Civil does not treat such materials as immoveable, until they are employed by the artificer in building. (e)

It seems that, by the law of Scotland, the materials for building a house, if the work was begun, would belong to the heir, for so they seem to be destined. Thus during the period a house was building, its owner died;

(a) Off. Ex. 53. God. Orp. Leg. part 2, c. 13. note 41. Vin. Abr. tit. Ex. Z.

(b) Off. Ex. 53, 57. Bac. Abr. tit. Ex. H. 3.
(c) Dig. lib. 19, tit. 1, 1. 17, § 7.
(d) Dig. ib. § 10.

See Harg. Co. Litt. 8 a.

(e) Art. 532.

a set of doors, windows, and other articles destined for the house and lying within it, but not yet made part of the building, were found to be heritable. (a) But if the building were not begun, the owner might have changed his mind, and his executors would have the better claim to the materials. (b)

VII. The coutume of Paris attaches the quality of immoveable to the furniture of a house when it cannot be removed without breaking or injuring it, when it is firmly fastened, attachée à fer et à clous ou scellez en platre, and when also it has been affixed with the intention that it should permanently remain there. "Ustenciles d'hôtel qui se peuvent transporter sans fraction et deterioration, sont aussi reputez meubles: mais s'ils tiennent à fer et à clous, ou sont scellez en plâtre, et sont mis pour perpetuelle demeure, et ne peuvent être transportez sans fraction ou deterioration, sont censez et reputez immeubles." (c)

The mirrors of an apartment, and pictures and other ornaments, are considered as fixed for perpetual continuance, and therefore immoveables, when the framework on which they are fastened forms part of the body of the wainscot.

Statues are declared by the Code Civil to be immoveable, when they are placed in a niche formed expressly to receive them, although they may be capable of removal without breaking or damage. (d)

VIII. Moveables affixed to land or buildings acquire the quality of immoveable, by reason, not alone of their being affixed, but of their being affixed with the intention of permanently remaining. No such intention can be presumed, when the person by whom they are affixed has only a temporary interest in the land or house; moveables, therefore, which would be immoveable, if

(a) Fac. Coll. Feb. 25, 1782, Johnson, &c. Dict. p. 5443.
(b) 2 Bell's Com. 2. Ersk. Inst. b. 2, tit. 2, p. 249, note.
(c) 1 Dupless. art. 90.

(d) Art. 525.

affixed by the owner, continue moveable as between him and his tenant.

The civil law and the codes of Holland and Spain permit the tenant to remove them where it can be effected without material injury to the property. (a)

Those which were attached to the house, à fer et à clous, by a tenant or usufructuary, might be removed by him at the expiration of his tenancy or estate, on restoring the place from whence they were removed to its former state. (b)

Under the coutume of Paris the landlord was permitted to reclaim them on offering to the tenant their value. (c)

The Code Civil recognises the right of the usufructuary to remove them, on making good the place from which they were taken. (d)

The strictness of the rule by which things annexed to the realty become part of it has been relaxed by the law of England, when they have been annexed by a tenant for the purposes of trade or manufacture.

He is permitted to remove vessels and utensils of trade, such as furnaces, coppers, brewing vessels, and fixed vats, salt pans, and the like. (e) And also, machinery in breweries, collieries, mills, &c., such as steam engines, cider mills, and the like. (f) He is also permitted, as it should seem, to remove sheds called Dutch barns, formed of uprights rising from a foundation of brickwork. (g)

A tenant in husbandry has not the same privilege as a tenant in trade. For he cannot take away things

(a) Voet, lib. 19, tit. 2, Locati Conducti, n. 14. Groeneweg. ad Pand. lib. 19, tit. 2, § 6, and lib. 18, tit. 1, de Contrah. Empt. 1. 76, dolia. (b) Pothier, Tr. de la Com. part 1, c. 2, n. 63.

(d) Art. 599.

(c) Ib.

(e) 1 Salk. 368. 3 Atk. 13. Amb. 113. 1 H. Black. 259. Bul. N. P. 34.

(f) 3 Atk. 12. Amb. 114. Bul. N. P. 34. 3 East, 53.

3 East, 56.

3 East, 53. 3 Esp. N. P. C.

which he has affixed to the demised premises at his own expense for purposes which are merely agricultural. (a) Thus it has been held, that a tenant could not remove a beast-house, carpenter's shop, fuel-house, cart-house, pump-house, or fold-yard wall, erected for the use of his farm, even though he left the premises exactly in the same state as he found them on his entry. (a)

This rule, however, is confined to articles of a strictly agricultural nature; for if the object and purposes of an erection have relation to a trade of any description, the tenant may take it away, notwithstanding it is the means or instrument of obtaining the profits of land.

Thus a tenant may take away a mill for making cider, or machinery for working mines and collieries, or as it would seem, utensils set up for manufacturing salt from springs upon the demised premises. (b)

The better opinion seems to be, that a gardener or nurseryman cannot take down hot-houses, greenhouses, forcing pits, &c., which he has built during his tenancy. (c)

Articles which have been set up by the tenant at his own expense for ornament or furniture, or even for domestic use and convenience, are removeable by him, as hangings, tapestry, and pier glasses nailed to the walls or panels of a house, and even, as it is said, where they are put up, in lieu of wainscot, and wainscot also fixed to the walls by screws and the like. (d) But articles of this description can only be removed where they are so attached to the premises, as not to have become part of the substance and fabric of the house, for it appears that atenant cannot remove an article, though meant for orna

(a) 3 East, 38.
(b) 3 Atk. 12.
(e) 2 East, 90. 3 East, 45, 56. 2 Brod. and Bing. 58.

Amb. 113. Bul. N. P. 34. 1 H. Black. 259, n.

(d) Moseley, 113. 1P. Wms. 94. Str. 1141. 3 Atk. 12.

Amb. 113.

1 H. Black. 260. 2 Saund. 259, n. 11. 3 East, 53. 7 Taunt. 191. 2 Brod.

and Bing. 58. 2 Barn. and Cress. 77.

ment merely, if he so substantially united it to the house, that it would materially injure the freehold, by removing it. So neither will he be allowed to take away erections, which may be considered as permanent additions or improvements to the estate. (a)

Thus it has been held, that he is not entitled to pull down a conservatory built on a brick foundation, and which is intimately connected with the dwelling house, (b) nor a pinery erected on brickwork, although built in a garden and detached from the house itself. (c)

Articles which may be considered as put up for ordinary use and convenience, are grates, ranges, and stoves, fixed in brickwork, iron backs to chimneys, beds fastened to the ceiling, fixed tables, furnaces, coppers, mash tubs, and water tubs fixed, coffee-mills, malt-mills, &c., jacks, cupboards fixed with holdfasts, clock cases, iron ovens, and the like. They are removeable by the tenant. (d)

A tenant, however, cannot remove them, unless they are so affixed and connected with the premises as to occasion but little damage in their removal, otherwise the tenant will not be allowed to take them away.

The law of Scotland, in considering whether a moveable has by annexation, acquired the character of immoveable, if the question arise between the heir and executor of the proprietor, leans strongly in favour of the former; for the principles, as it is observed, of accession and destination here combine, and so far as the matter turns on a quæstio voluntatis, the intention of the proprietor in erecting the mill, obviously is that the building and machinery should go together as unum quid. (e)

(a) 3 Esp. N. P. C. p. 11.

(b) 2 Brod. and Bing, 54. 4 B. Moore, 440.

(d) Year Books, 8 Hen. 7, 12. 20 Hen. 7, 13. Eliz. 374. Str. 1141. 1 Atk. 477. 6 T. R. 379. and Ald. 625. 2 Barn. and Cress. 77. Ib. 686.

(e) 1 Ersk. b. 2, tit. 2, n. 20.