Page:United States Statutes at Large Volume 47 Part 1.djvu/1184

 1160 Ante, p. 1152. 72d CONGRESS. SESS. II. CH. 128 . FEB RUARY 27, 1933 . Fixtures, see section 188. CRO SS REe'Nc Trade, ete ., fixtures. SE C. 249. WHAT FI XTU RES TE NANT MAY REMOVE .--A ten ant may Removal by tenant. remove from the demised premises, any time during the continuance of his term, anything affixed thereto for the purposes of trade, manu- fa cture, orna ment, or d omesti c use , if the r emoval can be ef fected without injury to the premises, unless the thing has, by the manner in which it is afxed, become an integral part of the premises. Accession by °uniting ,SEC. 250. ACCESSION BY UNIT ING, SEVERAL THINGS.-When things several things. belonging to different owners have been united so as to form a single thing, and can not be separated without injury, the whole belongs to the owner of the thing which forms the principal part how ever, reimb urse the v alue of the resi due t o the other owne r, or surrender the whole to him. Whatisdeemedprin° SEC., 251. PRINCIPAL PART, WHAT.-That part is to be deemed the cipal part. principal to which the other has been united only for the use, orna- ment, or completion of the former, unless the latter is the more valuable, and has been united. without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. SEC. 252. SAME .-If neither part can be considered the principal, within the rule prescribed by section 251, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deem ed th e prin cipal part. Uniting materials SEC. 253. UNITING MATERIALS AND WOR$MANSHIF :If one makes ena workmanshipr a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the val ue of - the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. Inseparable maters' SEC. 254. INSEPARABLE MATERIALS. Whe re one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they can not be separated without inconvenience, the thing formed is common to both propri- etors ; in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship. Materials of several SEC. 255 . MATERIALS OF SEVERAL OW NE RS .--When a thing ha s been owners. formed by the admixture of several materials of different owners, and neither can be considered the princi pal substance, an owner without whose consent the admixture' was made may require a sepa- ration, if the materials can be separated without inconvenience. If they can not be thus separated, the o wners acquire the thing in commo n, in propo rtion to t he qu antity, qua lity, and v alue of th eir materials ; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbur sing to the other s the va lue of t heir mat erials. Willful trespassers. SEC. 256. ~ 'Z' LLFUL TRESPASSERS .-The foregoing sections of this chapter are not applicable to cases in which one willfully uses the materials of another without his consent ; hut, in such cases, the product belongs to the owner of the material, if its identity can be traced, thing Election andits value betw een SEC. 257. OWNER MAY $i.FCT BETWFFN THE THING AND ITS VALUE: . In all cases where on e whose material has bee n used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either
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