Page:Black's Law Dictionary (Second Edition).djvu/511

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FISTUCA

orally extending indefinitely downward. See 1‘ other v. Manic). 164 Ill. 283, 45 N. E 577, 5:; Am. st. Rep. 196.

FISTUCA, or FESTUCA. In aid English law. The rod or wand, by the dell\ cry or vihlch the property in land was formerly transferred in making a feoifiucut. Called, giso, “b¢icuiiim," "virya," and “fiLstis.” Spel- Luau.

FISTULA. In the civil law. uiiive_\ ing water. Dig. S, 2, 18.

A pipe for

FIT. In Lueiljtlll juiisprudence. An nt- Ll(.l\ or spasm of muscular coniuisions, gen- I‘l.'1“_\' attended nlth loss of sclf-control and -if (.'Ul]S(iDllSll(‘SS; partlciilariy, such attacks occurring in epilepsy. In a more general St se, the period of an acute attack of any ~ase, physical or iueiii.il, as. a fit of in-

ssiiiiy. See Gunter v. State, 83 Ala. 96. 3 South. (300. FITZ. A l\"ornian word, meaning “so

It is used in law and genealogy: as Fit: Pr- bcrt, the son of Herbert; Fitsjames, the son of James: Fit:r011, the sun of the king. It “as originally applied to illegitimate chiliirnii.

FIVE-MILE ACT. An act of parlia- iuent. passed in 166.3. against noii-conforn1- isls. uhcrcby ministers of that body were probiiiitcd from cominz within five miles of any corporate fown, or place Where they had preached or lectured. Brown.

FIX. To liquidate or render certain. To ivl.~‘N‘ll a liability upon one. To transform a pnssiiiie or contingxent liability into a prescut and definite liahillly. Ziiiinierlnan v. T"infielil. 42 Ohio St. 408: Polk v. Minne- linba (‘mint_ 5 Dtik. 129. 37 N W. 93: Lo- izanspnrt & W. v. Gas. Co. v. Peru (C. C.) Q!) Fed. 1S7.

—!"ixed belief or opinion. As ground for rejecling a iiirnr. this phrase means a settled bi-lief or opinion which noiild so strongly in- llnence the mind of the juror and his decision in the cuse that he could not exclude it from his mind and render a verdict solely in accord- ance viith the law and the evidence. Bales State. (33 Ala. 30: Cllrlcy v. l" " : Qtaup v. (_'om.. '14 Pa. 4I"'i‘l.-_—!"ixeil salsa‘

pd as to amount and time of payment, and does not depend upon the receint of fees or other cantingeiit emoluments: not necessarily a salary which cannot be changed by competent authority. Sharpe v. Robertson. 5 Grat. 518; lledrick v. U. S.. 16 Ct. Cl lO1.—Fixing bail.

in practice. Rendering absolute the iiahility of special bail. FIXTURE. 1. A fixture is a personal

chattel substantially attixed to the land, but which may afterwards he lawfully removed tlierefrnm by the party aflixlng it, or his representative, without the Consent of the owner of the freehold. Cook v. Whiting. 16 ill -180; Tent! v. Hewitt. 1 Ohio St. 511, 59

503

FIXTURE

Am. Dec. 634; Baker v. Davis, 19 N. H. 333: Czipcn \'. Peckhani. 35 Conn. S8; Wolford v. Baxter. 33 Minn. 12, 21 N. W. 7-14, 53 Am. Rep. 1; Merritt v. Judd, 14 Cal. 6-1; Adonis v. Lee, 31 Mich. 440: Prescott v. Wells. Fargo & Co., 3 Nev. 82.

Personal chattels which have been annexed to iand, and which may be afterwards severed and r:-moved by the party who has annexed them. or his personal represeutathe. against the “ill of the owner of the freehold. Ferard, Fist. 2; Bouiier.

The word “fixtures" bus acquircd the peculiar meaning of chattels which have been uiinexs-d to the freehold, but which are removable at the will of the person who annexed them. llallon V. Ruudcr. 1 Croinn.. M. & IL 2 6.

"Fixtiirrs" does not necessarily import things affixed to the freehold. 'lhe word is a mudcrn one, and is generally understood to comprehend any article which 1) tenant has the power to remove. Sllycll v. Rickie. 5 Moos. S; W 174: Riiziis v. Gilinger, 30 Pa. 185, 189, 72 Am. Dec. 60-1.

-2. Chatteis which, by being physically annexed or attixed to real estate, iiccoiue a part of and accessory to the treciioi(L 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 ‘s «I in [he innxiin. “ - ’S.!'if) cam prinl"i- , the accessory goes with, and as part of. principal suiiject—inatter." Brown. thing: is deemed to be ailixed to land when it is attached to it by roots, as in the case of trees. vines, or shrubs; or iinbeddcd in it as in the case of walls: or permanently resting upon it, as in the case of buildin,-_vs: or permanently attached to what is thus permanent. us by means of cement. plaster, nails, bolts. or screws. Civ Code Cul. § 660.

3. That which is fixed or attached to something ]iori1i.mently as an appi-.-ndzige, and not rcmoi-abie. Webster.

That which is fixed; a piece of furniture fixto a house, as distinguished from movable; something fixed or immovable. WorL-ester.

The general result seems to be that three views have been taken. One is that “fixture" means something which has been alhxed to the realty. so as to become a part of it: it is fixed. iI‘l£‘l'llO\'fli’]le. An opposite view is that "fixture" meuns something which appears to be a part of the realty, but is not fully so; it is only a chattel fixed to it. lint removable. An intermediate view is that "fixture" means 3 chattel nuncxed. affixed. to the malty, but imports nothing as to whether it is rrzrnovuble; that is to be determined by considering its circumstances and the ruin tiou of the parties. Abbott.

—Dumestie fixtures. All such articles as I tenant attaches to a dwelling house in order to render his occupation more coniforuilile or con- venient, and which may be separated from it without doing substantini injury, such as furnaces, stoves, cupboards. shelves. bells, gas fixtures, 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, window blinds and curtains. Wrizbt v. Du Bignon. 11-1 Ga. 76-3. 40 S. E. T47, 57 L. R. A. U(l9.—'1‘rnde 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 lie used in connection with such business, or promote convenience and efllyiency in conducting it. Herkiincr County L. & P. Co. v. Johnson, 37 App. Dir. 257. 55 N. Y. Supp. 924: Brown v. Reno Electric

the

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