support, or cover, were there; it was sufficient for the defendants to exercise their right to remove what the lease gave them authority to remove, and in doing so, to remove the brickwork, and to leave it in such a state as would be most useful and beneficial to the lessors, or to those who might next take the premises.” The Court then proceeded to dispose of the various items one by one. They were of opinion that the tenants might remove the boilers, the boiler grates, the castings and ironwork of the engine and regulator, and the spring beams. As to the damage sustained by the removal of these articles, if it meant damage to the brickwork connected with them, the Court thought they were not sufficiently informed as to the manner of removal. The only rule they could lay down was that the tenants had a right to remove them, doing as little damage as possible, and leaving the premises in a state fit to be used for a similar purpose by another tenant. Then as to the brickwork of the hot-air apparatus, if it was merely disturbed for the purpose of taking that apparatus which the tenant had a right to take, and being so disturbed was left in a condition fit and convenient for the restoration of another hotair apparatus by another tenant, then no damages ought to be recovered. The next item was the valve piping, which they thought the tenants entitled to remove. The next item was the damage done to the furnaces by the removal of the hoops, beams, and brick-staffs. The Court thought that the lessors were entitled to recover damages for the removal of these, because these articles were not ironwork in the

nature of machines or implements, but were ironwork substituted for additional brickwork, with a view to give additional, and probably necessary, strength to the furnace, which the defendants had no right to remove or to deteriorate. They thought the tenants might remove the cupola, and the blast-pipes which worked them. They might also remove the puddling furnaces, the mill furnaces, the boilers of the forgeengine, the grates of the boilers, and the castings and ironwork of the forge-engine, but the tenant might not remove the oak taken from the foundation of the forge-hammer. The tenants might remove the plates from the shears foundation, but the lessors might recover damages for any improper method of removal. They might also remove the holding-down pins and the bed plates. With regard to the cast-iron columns used for the support of the building, the Court thought they were not within the exception in the lease, and ought not to be taken away, but that the tenants might remove the gasometer and apparatus. If any unnecessary and wanton damage had been done, and the premises left in such a state as not to be conveniently applicable to the same purpose, to that extent the lessors would be entitled to recover damages.

Though this case and judgment furnishes a good guide under similar circumstances, it must be distinguished from ordinary disputes relating to the removal of fixtures. This case turned upon the special provisions of the particular lease. But as colliery leases very generally contain provisions of a similar nature, the opinion of the Court is given very fully.

Under the Bankruptcy Act, 1869, it was held that after a disclaimer the trustee could not remove any fixtures; and that where he had removed or disposed of them before disclaiming he was bound to restore them or pay the proceeds to the landlord, but where there was a provision in a lease that the lessee should have a certain time after the determination of his term to remove fixtures, the trustee was held entitled to remove fixtures notwithstanding he had disclaimed the lease.

By the Bankruptcy Act of 1883, it is provided by the 3rd sub-section of sect. 55 that before the Court gives leave to a trustee to disclaim, it may "require such notices to be given to persons interested, and impose such terms as a condition of granting leave, and make such orders with respect to fixtures, tenant's improvements, and other matters arising out of the tenancy as the Court thinks just."

Fixtures were held not to be within the doctrine of reputed ownership under the last Bankruptcy Act, nor are they under the Bankruptcy Act of 1883.

The Bills of Sale Act, 1878, requires all assignments of fixtures when separately assigned or charged to be registered as bills of sale. But assignments of fixtures (except trade machinery as defined by sect. 5), when assigned together with a freehold or leasehold interest in any land or building to which they are affixed, do not require registration. All assignments of "trade machinery" as defined by sect. 5 require registration.

By sect. 7 no fixtures shall be deemed to be separately assigned or charged, by reason only that they are assigned by separate words or that power is given

to sever them from the land or building to which they are affixed, without otherwise taking possession of or dealing with such land or building, if by the same instrument any freehold or leasehold interest in the land or building to which such fixtures are affixed, is also conveyed or assigned to the same person or persons.

By sect. 5 "trade machinery" for the purposes of the Act means the machinery used in or attached to any factory or workshop:

1st. Exclusive of the fixed motive powers, such as the water-wheels and steam-engines, and the steam boilers, donkey engines, and other fixed appurtenances of the said motive powers; and 2nd. Exclusive of the fixed power machinery, such as the shafts, wheels, drums, and their fixed appurtenances which transmit the action.

3rd. Exclusive of the pipes for steam, gas, and water in the factory or workshop.

"Factory or workshop" means any premises on which any manual labour is exercised by way of trade or for purposes of gain, in or incidental to the following purposes or any of them; that is to say: (a) To the making any article or part of an article; (b) to the altering, repairing, ornamenting, or finishing any article; (c) or to the adapting for sale any article.

Sect. 8 of the Bills of Sale Act, 1882, requires a bill of sale to be attested and registered within seven days after the execution thereof, otherwise it is void in respect of the personal chattels comprised therein.

CHAPTER VI.

PRIVATE WAYS, AND WAY-LEAVES.

Ir is obvious that the work of collieries can only be carried on without private rights of way in those cases where the land over which the produce is conveyed to the railway, canal, or public road, is the property of the occupier of the colliery. As this is not usually the case, the subject of private ways and way-leaves is one of considerable importance.

The distinction between public and private ways is this: public ways are open to all persons; private ways are enjoyed by particular persons or classes. The general rules of law with respect to private ways are these: A private right of way belongs to the class of easements, which are a division of incorporeal rights. An easement is a right annexed to, or issuing out of, or exercisable over or within an hereditament corporeal. The right of way is the right, in one person, or more, of passing over the land of another person. There are five kinds of way—footways; horseways, for persons passing on horseback; driftways, for driving cattle; carriage ways, for carts and