A fact well worth knowing by the plumber is that in the eyes of the law, plumbing fixtures, so called, are not really fixtures in the sense that when they are set in place they become annexed to and part of the freehold. On the contrary, under some conditions, they may be treated like furniture and furnishings, and sold under a conditional bill of sale, or chattel mortgage, the same as a sewing machine, piano, or other article of furniture. This is true in New York state and no doubt in other states where there are similar laws in relation to chattel mortgages, and it will pay the plumber to look into the matter in his neighborhood.

In order to take advantage of this condition, however, the plumber must know how to proceed to protect himself. Suppose, for instance, that some builder about whose credit he is uncertain wishes him to do the plumbing work in a certain building. Without running much risk, he can take the contract, provided the work is divided into the two main divisions, roughing and fixtures. The roughing work will be the only risk. This must be a separate and distinct contract of the ordinary form, having no relation to the fixtures. As the roughing work is comparatively inexpensive, the plumber does the work and collects his pay. Then for the fixtures, and before they are delivered on the operation, he must prepare a contract under the terms of which he furnishes all fixtures and connects them up in place for a certain price, the title to the fixture to remain vested in him until final payment is made. This document must be recorded in the office of the City Clerk, Registrar of Deeds, or whatever office is designated by law for this purpose, and the plumber is then perfectly secure, for until final payment has been made on the goods, they remain his property and can be removed should the owner fail to live up to the terms of the agreement. It must be borne in mind, however, that as between the plumber and a subsequent purchaser or loaner, his claim will not be valid if he fails to record it according to law. The following form of contract will be found binding for this purpose:

"Memorandum of agreement, entered into this 24th day of August, 1910, between Henry Leader, party of the first part, and August Blank, party of the second part. The said party of the first part agrees to and with the said party of the second part, to furnish, set in place, and connect with water and waste pipes, all the plumbing fixtures, so called, consisting of water closets, bath tubs, lavatories, sinks, water heaters and tanks, as called for in the specifi-tions, in the five-story flat building now in the course of erection on the south east corner of 120th street and Morningside Avenue, New York City, and belonging to the party of the second part. And the said party of the second part, in consideration of the above mentioned work and material, agrees to pay unto the party of the first part, his heirs or assigns, the sum of Three thousand dollars ($3,000) lawful money of the United States, when the contract is completed and the work passed or approved by the Department of Plumbing, and final report made. It is expressly understood and agreed between the parties to this contract: First, that the contract relates solely to the furnishing and fitting-up of fixtures, the so-called roughing being the subject matter of another agreement.

Second: That the fixtures, so called, are not fixtures in the sense that they become attached to the property, but are furniture or furnishings.

Third: That all right, title and interest in the fixtures shall remain vested in the party of the first part until final payment has been made and that in default of payment, the said party of the first part without formality of law, may enter the premises at any reasonable hour of the day and remove the said fixtures and their connections.

Fourth: That nothing but cash shall be deemed payment within the meaning of the contract.

(Signed) Henry Leader,

August Blank.

It is well in a case of this kind where the documents must be recorded, to have it attested by a notary public and subscribed to by at least one witness. In case the notary's seal and witness' signature are not necessary, they will not invalidate the contract, and, to make sure, when the plumber is in doubt, he should have it, both witnessed and attested. Having complied with all these formalities, he should then record the agreement in the proper office before beginning work on the contract.