462 LAW OF FIXTURES. 



still to consider himself as tenant." The Court gave no opinion as to 

 any of these positions, but remarked in reference to the statement in 

 Amos and Ferrard on Fixtures, p. 88 (and cited by Lord Tenterdm C.J. 

 in Lyde v. RnsseU) to the eflPcct that a tenant must use his privilege in 

 removing fixtures during the continuance of Ms term, for if he forbear to 

 do so within this period, the law presumes that he voluntarily relin- 

 quishes his claim in favour of his landlord : — " Is there any authority 

 for what is said there about the voluntary relinquishment ? May not 

 the rule be this — that the fixtures are the landlord's, subject to the 

 tenant's right to remove them during the term ? Suppose the land- 

 lord to be a tenant for life, could the tenant, on his death, remove the 

 fixtures ? " 



"Where by an agreement dated August 21, the defendant agreed to 

 take certain premises at a certain rate, " to commence on the 29th of 

 September," the landlord to take the Jixtures at the end of the tenancy, 

 provided they are in the same condition then as they now are ; and the 

 defendant agreed " to leave the premises in the same state as they now 

 are ; " the Court of Common Pleas held that " now " might be taken as 

 referring to the commencement of the tenancy ; and that a breach 

 " that the defendant did not leave the premises in the same state as at 

 the commencement of the tenancy" was properly assigned {White v. 

 Nicholson). 



The law of fixtures is noiv jnit on a regular footing % 14 & 15 Vict. 

 c. 25. By section 3 of that Act it is enacted, " That if any tenant of a 

 farm or lands shall, after the passing of this Act (24th of July, 1851), 

 icith the consent in nriting of the landlord for the time being, at his oivn 

 cost and exjiense, erect any farm buildings, either detached or otherwise, 

 or put up any other building, engine, or machinery, either for agricul- 

 tural purposes or for the purposes of trade and agriculture (which shall 

 not have been erected or put up in pursuance of some obligation in that 

 behalf), then all such buildings, engines, and machinery shctll be the 

 jn-opcrty of t}ie tenant, and shall be removable by him, notwithstanding 

 the same may consist of separate buildings, or that the same, or any 

 part thereof, may be built in or permanently fixed to the soil, so as the 

 tenant making any such removal do not in anywise injure the land or 

 buildings belonging to the landlord, or otherwise put the same in like 

 plight or condition, or as good as the same were in before the erection 

 of anything so removed : Provided, nevertheless, that no tenant shall, 

 under the provision last aforesaid, be entitled to remove any such 

 matter or tiling as aforesaid, without first giving to the landlord or his 

 agent one month's previous notice in writing of his intention so to do ; 

 and thereupon it shall be lawful for the landlord, or his agent on his 



