FRUITS, in law. The fruits of the soil, in their legal aspects, fall under various categories, and follow different destinations according to their nature, and the situation in which they are placed. If not yet separated from the soil which produced them, they are said to be pendentes, and as parts of the soil (cartes soli), pass to the heir on the death of the ancestor, or are carried by a sale to the purchaser. To this, however, there is an exception in the case of industrial fruits (fructus industriales), such as grow ing corn, and all those other fruits which require yearly seed and industry. These are called in England emblements, and "though still in union with the soil, follow neverthe less, in several particulars, the nature of personal, as distinguished from real estate."— Stephen's Com. ii. 227. The rule is the same in Scotland, but it is strictly construed, and does not include trees or planting, natural grass, or even fruit not yet plucked from the tree. To this again, however, there is an exception in horticultural subjects, in favor of nursey-trees and plants, not of larger or longer growth than-such as are usually.
dell in by nurserymen. See FrxTurtEs. Fruits that are separated from the soil (frue tas percepti), on the other hand, are the property of the possessor who separated them in good faith; of the tenant or former proprietor iu the case of a sale; and of the personal representatives of the deceased in case of death, and not of the heir of his real or herit able estate.
The act 7 and 8 Geo. IV. c. 30, "for consolidating and the laws of Eng land relative to malicious injuries to property," applies to trees, saplings, shrubs, and underwood; to plants, fruits, and vegetable productions in gardens, orchards, nursery grounds, hot-houses, green-houses, or conservatories; and to various kinds of cultivated. roots and plants not growing in a garden, orchard, or nursery-ground. The punish ments are proportioned to the injury done, whipping in certain eases being added to the statutory punishments in the case of males, by 16 and 17 Vict. c. 99, and 20 and 21 Vict. c. 3. This statute (7 and 8 Geo. IV. c. 30) is limited to England, but there is an Irish statute in some respects corresponding to it (16 and 17 Vict. c. 38). In Scotland, the trees of an orchard fall under the act for preserving planting (1698, c. 16), and several still earlier enactments; and the breaking of orchards is an 'offense punishable by the sheriff (Ersk. i. 4, 4). See ORCHARD PLANTATION. Injuries clone to trees or other fruits of the soil are punishable at common law, independently of all statutory provi sions, as malicious mischief, both in England and in Scotland.