Maine, the idea of removable fixtures was carried so far as to allow an action of trover for a saw mill, built by H. on the land of B., with his consent. Russell vs. Richards, 10 Maine, 429; Tapley vs. Smith, 18 Maine, 12. So, in England, a wooden barn, erected on a foundation of brick and stone, is a movable fixture, may be taken away by the tenant, and trover will lie for it. Wansbrough vs. Maton, 4 Ad. & Ell., 884. A tenant may also remove articles put up at his own expense for ornament or domestic convenience, unless they be so united to the house that their removal will materially impair it and amount to waste. The law of fixtures, especially in its application to landlord and tenant, originated in ideas of commercial convenience. It has always been administered with reference to the necessities of trade, and in a liberal and commercial spirit. The privilege of removal is more freely granted to a tenant who is in for the strictly commercial purposes of trade and manufacture, than to an agricultural tenant. And again, the privilege is more freely granted to a tenant who is in even for the purposes of agriculture, than to a vendor, upon sale of the property, or as between heir and executor. As between such parties, growing crops, manure lying upon the land, and fixtures erected for the purposes of trade and manufacture, pass with the land. Manure, upon an ordinary farm or village lot, will, as between landlord and tenant, belong with the land; if made in a livery stable, it would belong to the tenant.

It is prudent and desirable, to provide in leases for the removal of such fixtures as the tenant expects to erect for the purposes of trade and manufacture; as, while the law is exceedingly liberal in this regard, it is not, in all respects, so definite and certain as an agreement of the parties may be made. Fixtures should always be removed by the tenant before the expiration of his term, and it is doubtful if he may enter thereafter for that purpose, without rendering himself liable as a trespasser, unless, indeed, he was prevented by unavoidable hindrances, during the term, or the tenancy was so suddenly terminated, by the will of the landlord or in some other unexpected manner, as deprived the lessee of

a reasonable opportunity of taking away, during the term, whatever he had the right to remove.

FORMS.

1. SHORT AND GENERAL FORM OF LEASE.

I, A. B. of hereby lease to C. D. of term of one year, to commence on the

the dwelling house

in the city of rent of

[or store] numbered

for the

day of

next,

street,

with the appurtenances, for the yearly dollars, to be paid in quarterly payments of

dollars each, on the first days of April, July, October, and January.

Said C. D. agrees to pay A. B. said rent at the times above specified, and to surrender the premises at the expiration of the term in as good condition as reasonable use will allow, fire and unavoidable casualties excepted.

In witness whereof, the said parties have hereto set their hands, this day of

, A. D. 18.

In presence of

A. B.

C. D.

2. LEASE OF ROOMS, WITH SPECIAL PRIVILEGES, WITH

A. B. of

in the

GUARANTY FOR RENT.

hereby leases to C. D. of

one room

story, and one room in the story, with a privilege in kitchen, yard, and cellar; being part of the house now occupied by tenants, situate in

the city of

street, No , in ; said room to be pointed out and possess

ion given. To hold the same for the term of two years, from the day of next, said lessee paying therefor a rent of dollars a year, payable weekly, (or monthly,) in equal por tions; the first payment to be made on the

day of

next.

The said C. D. agrees to pay the said A. B. the above rent as aforesaid, and at the end of the term quit the said premises, in as good condition as they are now in, reasonable wear, accidental fire, and unavoidable casualties excepted.

In consideration of the said lease, I hereby guarantee to A. B. punctual payment of the rent therein mentioned, for one E. F. [L. S.]

year.

In presence of

3.

LEASE OF BUILDING, WITH SPECIAL COVENANTS.

A. B. of

D. of

in consideration of the agreements of C. hereinafter mentioned, leases to said C. D. the

building, with the land and appurtenances, numbered

street, in the city of

To hold the same to said lessee for

date, upon the following terms and conditions:

years from this

dollars,

The rent annually during said term shall be which said lessee agrees to pay in quarterly payments of dollars each; the first payment to be made on the

next.

day of

And the lessee agrees to make no unlawful or offensive use of the premises, to pay all taxes and assessments that shall be levied upon the same, to keep the premises in good repair, and deliver up the same at the end of the term in good order and condition, fire and other casualties excepted.

The lessor agrees that the lessee shall enjoy said premises during said term, free from adverse claims of any person.

If the building shall be destroyed or rendered unfit for use, by fire or other casualty, during said term, this lease shall thereupon terminate.

If said lessee shall neglect to make any payment of rent, or pay any tax or assessment, or neglect to perform any con

dition herein on his part, for the term of days after said lessor shall have given him notice of such neglect, said lessor may enter the premises and expel said lessee therefrom, without prejudice to other remedies. Notice to quit possession and every other formality is hereby expressly waived. Witness our hands, this , A. D. 18

day of

A. B.

C. D.

Guarantee for Payment of Rent.

I hereby bind myself, that said C. D. shall pay the rent and perform the above agreements on his part in all respects. Witness my hand and seal, this

In presence of

day of

E. F.

, A. D. 18 [L. S.] (a)

4. LEASE OF FURNITURE AND FIXTURES.

This agreement, made this

A. B. of

day of

and C. D. of

18 between

witnesseth: 9

That, in consideration of the agreements to be performed on the part of said C. D., the said A. B. hereby leases to said C. D., the furniture and fixtures described as follows, each article being marked with the initials of the lessor: [describe the articles.]

To hold the same to said lessee for years from the date hereof, said lessee paying therefor an annual rent of dollars.

Said lessee covenants with said lessor, that he will pay the rent aforesaid, in monthly payments of dollars each, on the day of each month, during said term, and for such further time as he may hold the same; and that he will not assign nor underlet the said , or any part thereof, with

(a) It will be noticed that these leases are without seals. In them the agreements of each party are sufficient consideration for each other; but as the guarantor may receive no real consideration, it is safer to affix to that a seal, which imports consideration.

out the written consent of said lessor; and that he will at his own expense replace any and all of the said which shall be lost or carelessly or accidentally injured during the said term; and at the expiration thereof, or the sooner termination of this lease, he will restore the same to said lessor in the condition in which they now are, wear resulting from reasonable use and unavoidable casualties excepted.

Witness our hands, the day and year first above written.

A. B.

C. D.

4. SURRENDER OF A LEASE.

In consideration of one dollar, to me paid by A. B., I do hereby surrender to the lessor, the within written lease of the premises therein mentioned, and all my estate yet unexpired, which premises are free from incumbrances through me. To hold the same to the said lessor and his assigns for

The premises are not to be used or occupied for any business deemed extra hazardous as to fire, nor shall the same, or any part thereof, be let, underlet or assigned, without the written consent of the landlord, and the stipulations of the tenant's agreement, given simultaneously herewith, are to be performed as therein stipulated.

Given under my hand and seal, at

this

day of

[L. S.]