Page:The New International Encyclopædia 1st ed. v. 07.djvu/768

* FIXING. 694 FLABELLUM. substances depends upon the formation of double salts of silver with the alkali metals; these are soluble in water, and are therefore readily washed away from the negative. In the daguerreotype process the picture was originally fixed on the sil- ver plate by means of a boiling solution of gold and sodium hyposulphite, called sel d'or. See Photography. FIXTURES (from fix, Ft. fixer, from ML. fixate, to fasten, frequentative of Lat. figere, to fasten). In English and American law, chattels which are so annexed or attached to the soil as to become, in legal contemplation, a part thereof. The term land, in our legal system, comprehends not only the earth, but all the material improve- ments, such as houses, fences, and the like, which are permanently affixed thereto; and chattels which become so annexed lose their identity as chattels, and their character of personal prop- erty, and become land and real property. The general rule as to what constitutes a fixture legally immovable is,, that it must be either let into the earth, or cemented or otherwise united to some erection previously attached to the ground, so that it would be waste to remove it afterwards. But it must be remarked that a tenant may in all cases construct any erection he may make in such a manner as that it shall not become a fixture. Thus, if he erect even build- ings — as barns, granaries, sheds, and mills — upon blocks, rollers, pattens, pillars, or plates, rest- ing on brickwork, they may be removed although they have sunk into the ground by their own weight. But the mode of annexation to the free- hold is not always conclusive as to its legal effect, as an article like a picture or chandelier may be secured to the wall or ceiling of a room by screws or otherwise for a merely temporary pur pose without becoming a fixture, and, on the other hand, a heavy object, as a statue or monu- ment, resting upon the ground of its own weight, but intended for the permanent improvement of the premises, may become a part of the freehold. In general, however, there must be an actual annexation to the soil, and where that exists the article annexed becomes a fixture irrespective of the motive with which it was affixed. To this rule various exceptions have been made in favor of what have been called trade fixtures, or fix- tures erected by a tenant for life or for years for the purpose of carrying on a trade, and this principle has been extended by the courts to a variety of ornamental and domestic fixtures added to the premises by such a tenant. The ex- ception does not go to the length of holding that such articles do not acquire the character of fixtures, but merely permits their removal by the tenant at or before the end of his term. If the removal be delayed beyond that time, the right is lost. and. generally, the same result fol- lows the taking of a new lease by the tenant without reserving such right of removal. In the ease of a life tenant, such fixtures may be re- moved by his executor within :i reasonable time after the tenant's death. It is difficult to state the limits of this exception with reference to trade fixtures with any approach to accuracy. The following is perhaps as near an approach as the varying circumstances of each individual case will admit of: "Whenever the following circum- stances occur, it may be confident ly pronounced thai there the tenant may Bafely remove the article. Thus, things which the tenant has fixed to the freehold for the purposes of trade or manu- facture may be taken away by him wiienever the removal is not contrary to any prevailing prac- tice; where the articles can be removed without causing material injury to the estate, and where of themselves they were of a perfect chattel na- ture before they were put up, or at least have in substance that character independently of their union with the soil — or, in other words, where they may be removed without being entirely de- molished, or losing their essential character or value." Nurserymen have been allowed to remove trees and shrubs which they have planted express- ly for purposes of sale, but not to plow up straw- berry beds, out of the ordinary course of man- agement of the nursery ground. While in the United States the law governing the annexation and removal of fixtures is in gen- eral the same as in England, certain minor details have been worked out to different results. For instance, the English discrimination against build- ings for agricultural purposes has been generally disregarded in the United States. It must be re- marked also that the rule is different as between different parties. As between landlord and ten- ant the rule favors the tenant. As between grantor and grantee, and mortgagor and mort- gagee, the tendency is to consider doubtful articles as fixtures. So as between heir and ex- ecutor, the basis of the rule is that the intention of the person making the attachment shall be considered in doubtful cases; and that generally where removal would cause an injur}' to the free- hold a permanent fixture will be presumed to have been intended. An interesting question in regard to the rolling stock of railroads has received much attention from the courts. The results reached have been diametrically opposite in different States, some courts holding that the rolling stock is not a part of the road proper, and would not be covered by a general mortgage of the real estate, and other tribunals deciding, on a similar state of facts, that the rolling stock would form a part of the realty. The former view is the prevailing one. See Landlord and Tenant; Real Property, and the authorities there referred to. FIZEAU, fe'z6', Armand Hippolyte Lotus (1819-96). A French physicist, born in Paris. His father was a doctor and professor in the medical faculty of the University of Paris. In 1S39 he be- gan researches for a method to make permanent the pictures taken by the Daguerre method. He worked for some time with Foucault. and they separated only to have the better chance of prog- ress in solving the question of the speed of light. Fizeau's apparatus was less precise than that invented by Foucault. but Fizeau won the prize of 10.000 francs in 185G. and seven years later became a member of the Academy of Sciences. His works on this subject, on the interference of rays, on the dilatation of crystals, on the polarization of light, and on the speed of electricity, are to be found in the .[ninths th physique ei <!• dhimie and in the Comptes rendus de VAcadimie des Sciences. FLABEL'LTJM; (Lat., fan). A sort of fan whose liturgical use is of high antiquity. The Apostolic Constitutions prescribed its use in the eucharisi from the consecration to the commun- ion: two deacons were to stand, one on each side .if the altar, and gently wave fans of leather,