BOOK II. ᏢᎪᎡᎢ 2. CHAPTER I. Personal Property. While the feudal system prevailed in Europe, e terests of tenants for terms of years, or any other kind of property in land which did not amount to a freehold, was little regarded, and almost unprotected by the laws. The persons who actually managed and labored in agriculture, were either villains, (i. e. slaves annexed for life to the soil, and sold or given as appendages to it,) or they were in a situation of such dependance, as to be little above that class. This state of things has passed away with the advanced civilization of western Europe, but has still an extensive existence in the territories of Russia and the adjacent countries. Property in general was consequently divided in our early law, into real estate, including only estates of inheritance and life estates, and chattel interests, comprising all interests in land below a freehold, such as estates for terms of years, and all moveable property. Personal property, in the middle ages in Europe, was of small value compared with what it is now, and was rarely noticed in the earlier laws or writers on law subjects. Chattels real have been noticed, as a part of the subject of real estate in general. We will now consider personal property in the more limited and the natural sense of the expressions, including under it only chattels personal, which embraces all moveable property. Landed estates attract to them certain moveables, which as auxiliary and necessary to the use of the land, follow it in its course of descent or alienation. Such are the title deeds by which it is held, and any other documents that assist to substantiate and explain the title. In England, deer in a park, fish in an artificial pond, and pigeons in a pigeon house, have been considered to belong to the real estate. Co. Lit. 8 a. 20 a. Although generally all buildings and fixtures are considered part of the real estate; yet, in modern times, tenants have been permitted to separate and carry away certain kinds of fixtures, as their personal or moveable property. Thus in the case of a soap boiler who had a lease for years, his vats, coppers, tables and partitions, were decided to be removeable by him. So chimney pieces and wainscot have been considered removeable. So a building resting on blocks, may be removed, or a windmill on posts. 1 Salk, 368, 1 Atk. 477. 1 Taunt. 21, 6 T. R. 377, but this right of removal must be exercised before the expiration of the term of years. A distinction is made, that buildings and fixtures, erected for the use of trade or manufactures, may be thus removed in many cases, but that erections for agricultural purposes are not so privileged. 3 East 38. The Roman law adopted the obvious division of property into moveable and immoveable things, and whatever was affixed to the freehold perpetui usus causa, that is to say, with a view to its being of permanent utility, was classed among the immoveable property, Of absolute and qualified property in personal chattels Moveables, that is chattels personal, are divided into such as are in possession, and such as are in action. The latter are such goods or money claims, as the party has a right to, but not having in his actual or constructive possession, he is entitled to recover by an action or suit at law. 2 B. C. 396, 397. Some kinds of personal chattels are by their nature susceptible of absolute possession or property. 1. Inanimate things moveable, whether the productions of nature or human industry. 2. Vegetable productions, when severed from the stem or from the soil of the freehold, they being appurtenant to and a part of it before. 3. Domestic animals, which are tame by nature. In the case of domestic animals, the progeny belongs to the owner of the mother, both by the English and Roman code.-2 B. C. 390. Human beings cannot be considered as property. Wild animals cannot be the subject of absolute property, but a person may have a right and property in them, limited in its character, and commensurate with the degree of power the possessor has obtained "over them, by reclaiming, wounding, capturing, or confining them. If an animal, naturally wild, has been partly tamed, or has been restrained or imprisoned, and regain its natural liberty and habits, the right of property in it ceases. But although it leave its place of confinement or rest, and wander abroad, yet if it is in the habit of returning periodically to its master, it is regarded as his property still, and this is also a rule both in the English and Roman law.-2 B. C. 392. This kind of property, when fit for food, is as much protected by the common law, as that of domestic animals, it being felony to steal either-2 B. C. 393, and Christian's note. But the stealing of dogs, bears, apes, parrots or singing birds, is laid down in the old writers, to be only pu nishable by action at law of a civil kind, at the suit of the owner. It may be a doubt whether this is not giving too much latitude to aggressors. The owner of land has also a property in the young of birds and wild animals on his grounds, while they are unable as yet to fly off and leave the place-2 B. C. 394. No game laws exist in the colonies, to confer exclusive privileges of hunting and sporting upon any class of men. Every man is free to pursue game or fish in uninclosed grounds, but he cannot traverse any enclosures for the purpose, unless permitted by the owner, without incurring penalties and being liable to a civil action of damages for a trespass. A qualified or special ownership may also subsist in things moveable, capable by their nature of absolute possession. Such is that of a person to whom goods are delivered to carry for hire,—of a pawn broker in things pledged, and in similar cases. If the goods are taken away improperly, either the general owner, or the party having the possession and special property, may sue for damages.—2 B. C. 396. But a domestic servant will not have any property in the things placed under his charge, nor will a hired shepherd in the masters' sheep.-ibid. They have a care and custody without any property in these cases. Undivided interests in moveables.-Personal property may be the subject of joint tenancy, or tenancy in common, and the doctrine of survivorship applies to personal, as it does to real estates. Stock in trade or stock on a farm, held in joint tenancy, are excepted from the incident of survivorship.-2 B. C. 399, 5 B. and A. 395. Expectant interests in moveables.—An estate for life may be limited by deed or will, in money or other chattles personal, and a remainder over to another person. But if they be given in tail, the tenant in tail will hold them with the fullest powers of ownership, as if fee simple had been intended.-See 2 B. C. 398, 2 Kent Com. 285, and many English and American cases there cited. The title to personal property may arise, 1. From original acquisition. 2. By contract. 3. By representation. 4. By opë ration of law. 1. Original acquisition.-Occupancy was in the early |