The time for exercising the right of re moval is a matter of some importance. A tenant for years may remove them at any time during his term and afterwards, if he s in possession and holding over rightfully ; I M. & W. 14 ; Merritt v. Judd, 14 Cal. 59; Allen v. Kennedy, 40 Ind. 142; Brown v. Power Co., 55 Fed. 229. But tenants for life Dr at will, having uncertain interests in the and, have, after the determination of their .states not occasioned by their own fault, a reasonable time within which to remove their fixtures; 3 Atk. 13 ; Ombony & Dain v. Jones, 19 N. Y. 238 ; Antoni v. Belknap, 102 Mass. 193; but a tenant at will whose tenancy can only be terminated after rea ;onable notice, has not this privilege ; Erick s'on v. Jones, 37 Minn. 459, 35 N. W. 267.
If a' tenant quits possession of the land without removing such fixtures as he is en titled to, the property in them immediately vests in the landlord, and though they are subsequently severed, the tenant's right to ;hem does not revive; 1 B. & Ad. 394 ; 2 M. 3; W. 450; Childs v. Hurd, 32 W. Va. 66, 9 3. E. 362; L. R. 8 Eq. 626; but it is said ;hat a person claiming under a tenant may apparently have more time for removal than the tenant ; see [1904] 1 Ch. 819. The rights )f parties with respect to particular articles tre sometimes regulated by local customs, !specially as between outgoing and incoming enants ; and in cases of this kind it becomes proper criterion by which to determine the !haracter of the article, and whether it is fixture or not.
See, generally, Vin. Abr. Landl. and' Ten vnt (A); Bac. Abr. Executors, etc. (H 3) ; :lom. Dig. Biens (tt, C) ; 2 Sharsw. Bla. Jom. 281, n. 23 ; Pothier, Trate des Choses ; Co. 63, 64; Co. Litt. 53 a, and note 5, by largrave; F. Moore 177; 2 Washb. R. P.; 3rown; Amos & Ferard ; Tyler ; Ewell, Fix tures ; 6 Am. L. Rev. 412; 17 Am. Dec. 686, note; 24 Alb. Law J. 314; 10 L. R. A. 723, note.' A symbol of nationality carried by soldiers, ships, etc., and used in many places where such a symbol is necessary or proper.
Nationality is determined by the flag when all other requisites are complied with ; 5 East 398 ; 3 B. & P. 201; 1 C. Rob. Adm. 1; 1 Dods. Adm. 81, 131 The Nereide, 9 Cra. (U. S.) 388, 3 L. Ed. 769.
A ship navigating under the flag and pass of a foreign country is to be considered as bearing the national character of the coun try under whose flag she sails ; Wheat. Int.
L., 3d Eng. ed. § 340.
A cargo documented as foreign property in the same manner as the ship by which it is carried, and covered by a foreign flag, is not, under the English rule, the subject of capture; 5 Rob. Rep. 2; id. 5, note. In that country, although the ship is held to be bound by the character imposed upon it by the authority of the government from which all the documents issue, yet goods which have no dependence upon the au thority of the state may be differently con sidered ; and if the goods be laden in time of peace, though sailing under a foreign flag, they are not subjects of capture ; id.; but tnese licenses are construed with great liberality in the British courts of admiralty; Stew. Vice. Adm. 360.
The doctrine of the courts in this country has been very strict as to this point, and it has been frequently decided that sailing under the license and passport of protection of the enemy in furtherance of his and interests was, without regard to the ob ject of the voyage or the port of destination, such an act of illegality as subjected both ship and cargo to confiscation as prize of war ; The Julia, 8 Cra. (U. S.) 181, 3 L. Ed. 528 ; The Aurora, 8 Cra. (U. S.) 203, 3 L. Ed. 536 ; The Hiram, 8 Cra. (U. S.) 444, 3 L. Ed. 619; The Ariadne, 2 Wheat. (U. S.) 143, 4 L. Ed. 205; The Sybil, 4 Wheat. (U. S.) 100, 4 L. Ed. 522. These decisions placed the objection to such licenses on the ground of pacific dealing with an enemy and as amounting to a contract that the party to whom the license is given should, for that voyage, withdraw himself from the war and enjoy the repose and blessings of peace. The illegality of such intercourse was strongly condemned; and it was held that, the mo ment a vessel sailed on a voyage with an enemy's license on board, the offence was irrevocably committed and consummated, and that the delictum was not done away even by the termination of the voyage, but the vessel and cargo might be seized after arrival in a port of the United States and condemned as lawful prize. See 1 Kent 85, 164 ; Wheat. Int. L. (3d Eng. ed.) 340.
By the rules of the United States Navy the use of a foreign flag to deceive an enemy is permissible, but it must be hauled down before a shot is fired, and under no circum stances will it be allowable to commence an action or to fight a battle without the display of the national flag ; Snow, Int. L. 96.