Machinery annexed to floor, ceilings, or sides of a building in a quasi permanent manner" by means of bolts and screws, passed to the mortgagees: Held it made no difference that the object of the annexation was merely to steady the machines when in use, and that they could be removed without any injury to them or the freehold, nor that the machines were in the nature of trade fixtures, which would as between landlord and tenant belong to the tenant.(t) Trade fixtures which have been annexed to the freehold for the more convenient using of them, and not to improve the inheritance, and which are capable of being removed without any appreciable damage to the freehold.(u) Looms in a worsted mill, and fixed to the floor by nails.(v) Stoves, grates, kitchen ranges, closets, shelves, brewing-coppers, cooling-coppers, mash-tubs, locks, bolts, blinds.(x) A steam-engine and boiler.(y) Staddles of stone pillars let into the earth; also, thrashingmachine placed inside a barn, with horse machinery outside, fixed by screws and bolts to posts let into the earth.(z) 2. Things held to be Moveable. Small unfixed machinery of a mill.(a) Wooden shed, tiled over and resting by its mere weight upon a wooden frame, which in turn rested on staddles of stone pillars let into the earth.(b) Barn erected on pattens and blocks of wood, but not fixed in the ground; also, barn resting by its mere weight on a brick foundation; also, windmill not attached to the ground, but resting on cross traces laid upon brick pillars. (c) IV. IN A QUESTION BETWEEN LANDLORD AND TENANT. Small trees in a garden; also, turf on terraces in garden. (d) (t) Hellawell, 6 Ex. 295; 20 L. T. Ex. 154. (u) Clunie, 3 Ex. 257; 4 Ex. 328. (x) Colegrave, 2 B. and C. 76. (y) Macgregor, 13th June, 1860, 22 D. 1183. (2) Wiltshear, 1 E. and B. 674. (c) Brown on Fixtures, § 190. G The built part of a thrashing mill.(e) Limekilns.(f) Erections of brick and mortar, tiled and let into the ground.(g) Bells left by a tenant.(h) Hedges.(i) 2. Things held to be Moveable. The moveable part of a thrashing mill.(k) Trevises, rack, and manger in a temporary stable.(1) A large counter, fixed by bolts to the floor of a shop, with shelves, drawers, dressers, and table, all fixed by wedges and grates built in.(m) Certain parts of a machine which were put up by a tenant, and capable of being removed, and had been in use, to be valued by the out-going to the in-coming tenant.(n) A pump erected by a tenant.(o) Doors and windows of houses where local custom allowed tenants to remove.(p) Buildings erected by a tenant of nursery ground.(q) Wire fencing, wooden palings, and wooden folds erected by a tenant.(r) Kitchen range, register stove, copper, and grates.(s) (2.) By Express Destination moveable subjects, such as jewels, arms, pictures, books, or furniture may be rendered heritable.(u) Stipulations in a lease between a landlord and a tenant as to the removal of machinery at the expiration of the lease will fix the character of such machinery in the tenant's succession.(v) The right of heirship moveables is now abolished.(w) II. Incorporeal things— (1.) By Nature-personal debts, bank notes, bills, shares in public (e) Hyslop, 18th Jan. 1811, 16 F. C. 143. (f) Thresher, 4 D. and R. 62. and William, 12; East, 209. (n) Davis, 2 B. and A. 165, (0) Grymes, 4 M. and P. 143. (p) Bell, 14th June, 1814. (9) Sime, 14th Dec. 1861, 24 D. 202. (r) Duke of Buccleuch, 18th July, 1871, 9 Macp. 1014. (s) Darby, 1 C. B. 895. (t) Syme, 14th Dec. 1861, supra. (u) Baillie, 21st May, 1859. (v) Dixon, 6th March, 1843, 5 D. 775. (w) Titles to Land Act, 1868, § 160. or private companies, bank and all kinds of stock ;(x) patent rights, copyright of books, pictures, and engravings are moveable; (y) also partner's share of the partnership stock, though it may partly consist of heritable property,(z) and no declaration in a contract of copartnery to the contrary will alter its character. (a) (2.) By Connection with Land.-Feu-duties and casualties, rents of land and annuities are heritable; but arrears are moveable. Formerly, as a general rule, money lent on heritable property, by being secured on heritage, was considered heritable, but, by the Titles to Land Act, 1868,(b) an important change on the law has been made regarding such securities. From and after the commencement of that Act, no heritable security granted or obtained either before or after that date shall, in whatever terms the same may be conceived, except in the special cases therein provided, be heritable as regards the succession of the creditor in such security, but shall be moveable; the exceptions being that, where executors are expressly excluded, the security shall be held to be heritable as regards the succession to that one creditor, and to be moveable thereafter, the creditor having power to execute and record minutes in the forms in the schedule of said Act, excluding executors, and so fixing the character of heritable or moveable to such securities. By the same Act, it is expressly declared that all heritable securities shall continue to be heritable. quoad fiscum, and as regards all rights of courtesy, terce, jus relicta and legitim, competent to the husband, wife, or children of the creditor of such a security. This provision does not apply to securities in a foreign country; in the case of such securities, the lex loci governs the rule of distribution. (c) Annuities are heritable, but the accruing payments as they arise become moveable. By the Apportionment Act, 1870, (d) it is provided that, from and after the passing of that Act, all rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing or otherwise), shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly. The apportionment is given effect to (x) Bell's Prin. §§ 1338, 1479. (y) M'Laren, § 380. (z) Murray, 5th February, 1805. (b) § 117. (c) Monteith, 28th June, 1882, 9 R. 982. (d) 33 & 34 Vict. c. 35, when the next periodical payment takes place. The heir or other person who, if the rent had not been apportioned under the Act or otherwise, would have been entitled to such entire or continuing rent, collects the rent, and accounts to the executors or other parties for the apportioned part of the rent due at the death or expiry of the predecessor's title. (3.) By Destination.-Directions by a proprietor to sell heritable subjects and convert them into money make the price moveable. (e) Implied directions have the same effect.(f) But converted heritage remains subject to claims of heir and to terce and courtesy(g); and converted moveables to legitim and jus relictæ.(h) The fact of collation does not alter the character of property from heritable to moveable, unless where the property is actually sold.(?) Personal bonds which do not exclude executors are moveable as to succession, but heritable as to fisk and jus relictæ.(k) 84. Who are Termed "Next-of-Kin."-The expression nextof-kin means those relations who are entitled to the moveable estate of an intestate. It does not denote any special degree of relationship, but merely that which is next in the order of succession. And in that order some may be nearer, and some more remote, in degree to the intestate.(m) Kinship is of two species:-(1) Consanguinity; and (2) Affinity. Affinity is the relationship which arises by marriage between a husband and the relations of his wife, or a wife and the relations of her husband. These relations stand in the same degree to the husband as to the wife, and vice versa. There is no affinity between the relations themselves,(n) and no succession in the law of Scotland by affinity, except to the extent and effect stated below.(0) Consanguinity, again, is the blood relationship between persons descended from the same stock. It is divided into three lines or orders-namely, the descending line, the transversal or collateral line, and the ascending line. It may be said to be of two kindsnamely, direct (including the ascending and descending lines), and collateral. Every line of consanguinity is divided into degrees which are so called by comparison with steps, because one degree is below the other, and one springs from the other. And every filiation or generation is a degree. These lines may be illustrated thus : (1.) Descendants - i.e., persons descended from one common ancestor, as child, grandchild, great-grandchild, and so on downwards, in the direct descending line. The son of A being related to him in the first degree; his grandson in the second; his great-grandson in the third, and so on. This is the only natural way of reckoning the degrees in the direct line, and, therefore, universally obtains as well in the civil and canon as in the common law. (p) (2.) Collaterals-i.e., persons reckoned sidewise either from the intestate himself or from a fraternal ancestor-as brothers and sisters, uncles and aunts, and such as are descended from them. Thus, if A, who has issue, has two brothers who have each also issue, their issue and his issue are lineally descended from his father, their common ancestor ; and the three issues are, therefore, collateral. (3.) Ascendants-i.e., persons in the degree of kindred reckoned upwards—as father, grandfather, and so on upwards, as high as evidence can reach. The degrees are reckoned in the same way as among descendants. The following diagram shows these lines in one view : In moveable succession, the question of kindred may be raised either in the court of the domicile, or in that of the place where the subjects are situated and sought to be recovered; but, in (p) Allnutt, p. 176; Ersk. 1, 6, 8; Bell's Prin. § 1647. |