decisions are, however, adverse to the removal of hearthstones, doors, windows, locks and keys, because such things are peculiarly adapted to the house in which they are affixed; also, to all substantial additions to the premises, as conservatories, green-houses (except those of a professional gardener), stables, pig-sties and other out-houses, shrubbery and flowers planted in a garden. Nor has the rule been extended to erections for agricultural purposes, though it is difficult to perceive why such fixtures should stand upon a less-favored basis than trade-fixtures when the relative importance of the two arts is considered. Taylor on Landl. and Ten. Secs. 544-550.

SEC. 19. The time for exercising this right of removal is a matter of some importance. A tenant for years may remove them at any time before he gives up the possession of the premises, although it may be after his term has expired and while he is holding over. But tenants for life or at will, having uncertain interests in the land, have after the determination of their relation as tenants, not occasioned by their own fault, a reasonable time within which to remove their fixtures. 3 Atk. Ch. 13. If a tenant quits possession of the land without removing such fixtures as he is entitled to, the property in them immediately vests in the landlord, and though they are subsequently severed the tenant's right to them does not revive.

SEC. 20. If, therefore, a tenant desires to have any such things upon the premises after the expiration of his term for the purpose of valuing them to an incoming tenant or the like, he should take care to get the landlord's consent, otherwise he will lose his property in them entirely. 1 B. & A. K. B. 394. The rights of parties-tenants or landlords-with respect to particular articles are sometimes regulated by local customs, especially as between outgoing and incoming tenants, and in cases of this kind it becomes a proper criterion by which to determine the character of the article and whether it is a fixture or not. Viner's Ab. Landl. & Ten. and Washb. Real Prop.

Assignor of Leasehold Estate.

SEC. 21. The assignor of a leasehold estate, who has

parted with his whole interest therein, is not liable for the rents and profits of the premises after the assignment from the single fact that his assignee has continued to occupy them. 1 Cal. 475.

SEC. 22. Executors who have entered into and possessed a leasehold estate of which their testator was assignee, are liable for the rents accruing during the possession as assignees de bonis propriis. 6 Cal. 606.

SEC. 23. In Walton vs. Cronly's Administrator (14 Wend. 63), the action was brought for the recovery of rent due upon a lease executed by the plaintiff to one Dillon who had assigned the lease to Cronly, the intestate, but remained in possession of the premises. The assignment, as in the case at bar, was absolute upon its face, but was proved by parol evidence to have been intended as a security by way of mortgage for a pre-existing debt. The court held, on the authority of Astor vs. Hoyt, that a mortgage out of possession was not liable for rent; and further, that the parol evidence was admissible, not only as between the parties to the instrument, but where third persons were concerned, if no trust or confidence had been reposed upon the absolute form of the instrument and they had not been thereby misled. 15 Cal. 293. In this state a mortgage of a term in possession is not liable as assignee upon the covenants of the lease. 15 Cal. 287.

SEC. 24. Conventional Landlord can alone Remove Tenant. -The right to remove a tenant under the act concerning forcible entries and unlawful detainers, is given to the conventional landlord alone and not to his successors in the estate. 29 Cal. 168.

SEC. 25. A demand of possession must be made by the landlord before bringing suit against his tenant for holding over. Such demand is indispensable, and is as necessary to be made before suit as that the relation of landlord and tenant should exist. Paul et al. vs. Armstrong, 1 Nev. 82.

SEC. 26. When a relation of landlord and tenant is once established, an action for unlawful detainer for holding over contrary to the terms of agreement between the parties for the cancellation of the leasehold may be maintained until

the relation is destroyed by a surrender of the demised premises or by law. 33 Cal. 401.

SEC. 27. In an action by the landlord against the tenant for an unlawful detainer, damages sustained by the landlord to property adjoining the demised premises in consequence of the tenant holding over cannot be recovered. 33 Cal. 401.

SEC. 28. If the landlord give notice to quit immediately after the expiration of the tenant's term, and the tenant hold over, the landlord may maintain ejectment without waiting one month after the notice. 28 Cal. 551.

SEC. 29. The landlord is not required to wait one month after notice to the tenant to quit before bringing ejectment to remove the tenant, unless by the laches of the landlord the relation of tenancy by sufferance has been established. 28 Cal. 551.

SEC. 30. Under the forcible entry and detainer act of April 27th, 1863, of California, an action for an unlawful holding over cannot be maintained, unless the relation of landlord and tenant is shown to exist between the plaintiff and defendant at the time of making plaintiff's demand for possession, as required by section four of said act. Steinbach vs. Krone, 36 Cal. 303.

SEC. 31. Tenancy Terminated by the Eviction of Tenant.Where a tenant is evicted on final process in an action of ejectment by a party claiming title adverse to his lessor, of which action the latter had timely notice, the tenancy is thereby determined, and a subsequent taking and holding by the tenant under a lease from the evictor is not in subordination to the title of his original lessor, and an action by the latter against the tenant under the forcible entry and detainer act, for an unlawful holding over, may be successfully resisted by the tenant by showing such judgment and eviction. 36 Cal. 303.

SEC. 32. The following is a form of lease, etc.:

Form of Lease.

This indenture, made the .... day of ...., in the year of our Lord one thousand eight hundred and witnesseth, that does hereby lease, demise and let, unto.... [here describe the property].

To have and to hold, for the term of ...., to wit: from the .... day of

...., A.D. 18.., to the .... day of ...., A.D. 18.., yielding and paying therefor the rent of .... dollars, gold coin of the United States of America, and the said lessee promises to pay the said rent in such gold coin and as follows, to wit: [state terms of lease] and to quit and deliver up the premises to the lessor or .... ..、、、 agent or attorney, peaceably and quietly, at the end of the term, in as good order and condition (reasonable use and wear thereof and damages by the elements excepted) as the same are now or may be put into, and to pay the rent as above stated during the term; also the rent as above stated for such further time as the lessee may hold the same, and not make or suffer any waste thereof; nor lease, nor underlet, nor permit any other person or persons to occupy or improve the same, or make or suffer to be made, any alterations therein, but with the approbation of the lessor thereto, in writing, having been first obtained; and that the lessor may enter to view and make improvements, and to expel the lessee, if he shall fail to pay the rent as aforesaid or make or suffer any strip or waste thereof.

And should default be made in the payment of any portion of said rent when due, and for,... days thereafter, the lessor .... agent or attorney, may re-enter and take possession at option and terminate this lease. Signed, sealed and delivered, in the presence of

[L.S.]

Another Form.

between

....

and

........

....

This indenture, made the .... day of...., in the year of our Lord one thousand eight hundred and the party of the second part, witnesseth, that the said party of the first part, has granted, demised and to farm let, and by these presents does grant, demise and to farm let unto the said party of the second part [describe property], with the appurtenances, for the term of .... from the ... day of A.D. one thousand eight hundred and at the .... rent or sum of dollars, payable [state terms]. And it is hereby agreed, that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises and to remove all persons therefrom.

....

And the said party of the second part does hereby covenant, promise and agree, to pay the said party of the first part the said rent in the manner herein specified. [Insert specifications.]. And at the expiration of the said term, the said party of the second part will quit and surrender the said premises in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted.

And the said party of the first part does hereby covenant, promise and agree, that the said party of the second part, paying the said rent and performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy, the said premises for the term aforesaid.

In witness whereof, we have hereunto set our hands and seals the day and year first above written.

Signed, sealed and delivered, in presence of

[L.S.] [L.S.]

To

Form of Notice to Quit, by Landlord.

esq.:

Take notice, that you are hereby required to quit and deliver up to me possession of the premises now held and occupied by you, being the premises known as [or, “situated"; give description], at the expiration of the month [or, "week," or, "year," as may be] of your tenancy of said premises, commencing on the. day of...., A.D. 18.., and ending on the .... day of This is intended as a month's notice to quit, for the purpose

A.D. 18..

of terminating your tenancy aforesaid.

To

Dated.... day of...., 18..

Form of Notice of Quitting Premises by Tenant.

landlord:

Please take notice, that I shall quit possession and deliver up the premises now held and occupied by me, being the premises [description] at the end of tenancy, to wit: on the .... day of...., 18.., as I intend to remove therefrom and to terminate the said tenancy. Yours, etc.,

SECTION 1. The following is an act for securing liens of mechanics and others, approved March 30th, 1868:

1. Every, mechanic, artisan, machinist, builder, contractor, lumber-merchant, miner, laborer and other person, performing labor upon or furnishing materials of any kind to be used in the construction, alteration or repair, either in whole or in part, of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon-road, aqueduct to create hydraulic power for mining or other purposes, or any other structure or superstructure, or who shall perform labor in any mining claim, shall have a lien upon the same for the work or labor done or materials furnished by each, respectively, whether done