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CANADIAN LAW TIMES (THE) Containing Leading Articles, Digest of Cases decided in the Supreme C >Hrts of Canada, Ontario, New Brunswick, Nova Sc Sa, Prince Edward Island and Manitoba, with full reports of many unreported case , xleviews, Correspondence, etc., 7 vols., half-calf, |35. Subscription $5.00 per annum in advance beginning January of each year. CANADIAN LAW TIMES ALMANAC BLOTTING PAD, containing useful informa- tion for Lawyers and their clerks. Price $1.00. CASSELS' (R., Q.C.) DIGEST of all cases decided by the Supreme Court of Canada, since its organization in 1875, to 1st May, 1886, together with about 200 unreported cases. Half-calf, $10.00. ^^ CASSELS' (R., Q.C.) MANUA JTOF PROCEDURE in the Supreme Court of Canada, a new edition iu press, revised to date, 1888. CAB8WEI.I. & CO., LAW FUBUSHEBS, Etc., m- ae & 28 Adelaide Street East, Toronto. iiiici!'] ^- — X 1.0.1J. a. ,t cM.ts ,„ each of the Provinces. By S. E. CMarke. Ilalf-calf, i2.00. ''™'rp'sf*'^"'r'^'^^''^^^«^^^N^^'^- Second Edition. Ey S. R Clarke ana if. P. Siieppard. Ilalf-calf, »G.OO. »-iarKe CLABKF/S (S. R.) INSTIRANfE. A TreatiBO on the Law of Insurance in Canada and S'''S:^ case on Eire, Marine and Life np to date of pnSr 'Z'''^:;f. ''^si^i:::::z:^o^e:n7^^'- r-^^^^^*^- -—« ^-last Scott A.t, 188a Half ;:;; ,^' r '~* ""' "'""^'"^ ^'«*'«* °^ ^-- - DOUTRE'S CONSTITUTION OF C\NADA Th^ R N a a . ,^rn u . Katherod from the Decisions of t\.r\ ^.^''^^'N-A- Act, 1807; its Interpretation Q.C. Half-cairS-lOO ' the diet, of Judges, etc. ByJos. Doutre, DOUTRE ET LAREAU DROIT CIVIL CANADIFM s • . ,- ^ les Codes. Precede d'nn„ Hi=f .""^^^^ ^^^ADIEN. Smvant I'ordre etabli par '"^Q'^liltr^'"'" '^"^^^^^"^ - ^^'"''^ ^'-^-- %^- S- -wart, EWART'SINDEXT0THESTATUTF^OF^AMAT^A • .. FORAN'S CODE OF CIVIL PRorvnTTPTT^f T Statutes relating to iiocod l^e R,[^^ f ^^ FORAN ON OBLIGATIONS. 1887. Cloth, »1..50. GRANT'S SCOTTISH ANECDOTES AND TALE. -aner on, . p,„,, ,„ , appreciated. 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A Practical Treatise on "The Land Titles Act of 18M, Ontario," and "The Real Property Act of 1886," Manitoba. Embracing aJ^Re English, Australian and Canadian Cases. By H. C. Jones, M.A. Cloth, «4.e!^Half-calf, «6. OAjsHwiUiii ft uo., ImAW pubxiXShjbbb, mo., ae * as AdcUlO* StxMt m^mt, Toronto. Is. 12 and 19.) tion Petition H 79, and to tho ITalf-calf. »«. lopsia of the 119, and 50-51 Elections S.; Expatria- privilegsB in and Practice i, in common I and rorms. landy-Book, Jounty York. tise on Beal sments. By Treatise on ot of 1885," . ByH. C. M. > /J 5 7 HAND-BOOK <).\ TIIK Conditional Sales Act iii:i\(i AN ANNOTATION III- Tin: Act Respecting Conditional Sales of Chattels ^'5/ Victui-ia, Cliap. I'J, Out.) Ti) WHicFi IS Ai'Pi;\i)i:i) A COMPLETE SET OF FORMS. I'.Y John Augustus Barron, AUTIIOU OP "BAm;oN o. Bi.i.s ok Sal. a.vd Ci.ATXEL MonroAoES." TORONTO : CARSWELL .t Co., LAW PUBLISJ^ERS. 1890. I - ■^ NATIONAL LIBRARY BIBLIOTHEQUE NATIONALE rutered accoidiuH to Act of tho Parliauient of Canada, in the year one tliousand uight liiuulrod and ninety, by Cauhwkll & Co., in the oflico of the Mniistor of ARiiculture. PRINTED BY Thos. Modb-e & Co., Law rniNTEits, 22 & 24 Ad};.^ii>k St. East, TOUONTO. PREFACE. me tliotiHatid the Minister rpiTE ..loa of compiling thin littlo work was Hu^gestecl to me from a knowledge, tl.at in tl.o vast niajority of ••ases. when the transaction was a l,.,si,u,Hs on,-, the vendor of a chattel himself avoided a .■om,.liMn(T with the Jiills of Sale and Chattel Mortgage A.-ts hy retaining in himself the property in the chattel until pa.vn.ent therefor by the vendee. The result of this praetico in numy instances has proved most disastrous to innocent (..-HonH. and the pas- sage of the Statute, endeavoured to he annotated, must he hailed with delight, for in a measure at all events it will afford some little protectioii to the puhlic. „f whom there are many too apt to assume fro.u the circunistances of a man's possessions that he is financially that which in reality he is not. In the hope, then, that my efTortB nniy he of some use and of some benef-/. not alone to tlu, profession hut to the busmess men an : .nanufacturers. I present to the public my many day's labour in the shape of this work. Lindsay, Dec. lyth, 188'J. '^' '^' ^^' ERRATA ET ADDENDA. Omit, after " not " in first -ine at p. 8. For "absolue" read "absolute" in 3rcl line from bot- tom of p. 13. For "cadit qustio" at p. 22 read "eiuUt qiuestio:' For "indicta'' at p. 25 read "indicia." For "five" in 8th line from bottom at p. 03 read " ten." I TAHIJC OI-' CASES CITI-:D. ii hot- ten.' Co. Aldi-idj^c" V. .loliiiHtoii, h. AtkiiiHDii V. Hell, h. AtkiiiHoii V. Uitcliid, 17, Ainigti'oiit,' V. AiiHiimii,';iH, Albert v. (JiMHvonor lnviml Arcluwv't'ln V. 'rii(.in|,s,m, 17 Aloxiindur v (',,ivil, M. naiikav, RobiiiHoii, I, 7, 2:1 •>'( Hoaii V. i;ii;,'c, I. .-.-.. Biillunl V, Uiiii!ctt,l, a:., BnicUliaw v. Wunmr, I. ' Burton v. Ik'llliouHe, 7 BryaiiH v. Nix, M, Biirdott V, Hunt I(». Bt'ckiiiaii V. .liuviM, II, ca jj Baldwin V. Bcnjiunin, 1'' '•>(! ' JiaktT V IIod^H,,!,, 17. ' " ' Browning', re, 12. Blackiiioru v, Co., •_'(). Biddlii V. lioiul, "1 Bank of U. C. v Killalv Brooks V. Lester, :.'(;. ' liiliiter V. ^'oiiuu, 27. Brniij-hton V. l!,",,,;.!,',,,,, Bwiver V. 1 crd ()xf,,id .1, Barry v. JJeunett, ;!(, Bailey v. Croft, ;;.-> Bryan v. Wliite, .•IH. Baker v. Denninj,', ;tH. iiown V MntelK.rs- H.vnk, :i!l. J ell V. I ai^erst„wn lUiuk. Id. iji-essard v. Leveling-, .|h ank of C„l„n,l,ia V. l.awre, , .,h, Bankof (.eneva V. Howlell.lH ank of Mauehester v. HlaHo, i; BniKhamv. ButtiHon.M .-,7 ' I al.eoek v. IMa.lVrland, :,r, iina.leiiyl, V. I'onhnan r.l' 'iHk of Toronto V. I'annin^..(ll "'•'■on on Biils„f ,S„le,etc -a; liircli V. Duwson, (;;{ "':V''M. V. .Mnnro, .l.-,,(i7. I'ihIio|, v. C<,„k, i;7. I'li^tol an, I Mxeti.r Hv. ;;t), I. >« W.li. Co., Coe V. CasMidy, i). Clianil)erlin v. Srnitli <'iint V. Klelier, 1. Col(! V. Herrv, j. Clark V. (J. \v. H., (!. Crofoot V. Bennett, H Ca>n|,l,ei| V. .Mers.-y Dceks, ,S ■;h V Bernard, 11, I,"), 17 ■>() 'U]>Um V. I'ratt, 21, 23. "**'nan v. Kxall, 21. < urrier v. Kn,i|,), 2I. .-.7. Crawcoar v. Salter, 2:; <'arr v. London and 21. <'l»ik V, Hart, 21 Caipe.u .r v. l!|,,t. 2(;. U,i|ilin V. Anderson. ;!1 Cnniniinys V. Toolev, ;f' 'rawcoar ■1. ('lason V. liailev, 'M ''aton V. Caton", ;)',). Cliiehesterv. C,,l,l)' <'liitty on Bills, n. Crowley V. Harrv, 1(5, .1!». ('rawford v. J:lraneh Haiik, 47. I larke V. Sliar))e is •'allot Hank v. uiissett. 1!) < iionlean v. Webster lU Coles V. Clark, -);-, <']mivlnll V. Ilnlbert, ;-(i. I base V. Inyalls. r,7 ("•'• jHiiir, in /•,• ;J!). Boberlson, VI TABLE OF CASES CITED. n Dominion P.ank v. Divvidson, f<, iil. Deviicourt v. (Irt't^ory, '.). Dowar v. Miilloi-y, '.I. Di^hy V. Alkiiison, 17. Davy V. Cluunbtiliiin, '20. Day V. l^assett. 22. l)L'"Coiu-cuy V. Collins, ^^n. DickfUHon v. DickfiiMou, 'M. Daniel on Ne^^otiable lustninKMitH, 11. 11. Dubre(! v. l''-ast\vi)oil. Hi. Downer v. Kcniei', I'.l. .V __ I r ".(*. Dnivy V. llcrvfv Doran v. "i 'ii;. illanl, (i:i. J'liliinil V. Radford. :i. Ex i>(trii' P.rowii, in /<■ Heed, 12. Edwards v. Carr, lit. Everett V. Hill. 21. Ex piiric c:rawc(>nr, in re Kobertson, 1, 22. European and .\astralian Royal l\Iail Co.,v. lioval Mail Steam Packet Co., 21, r,[). E.r piirte Powell, in re Matthews, 2:i. /•;.(•;>(()■/ vBlaiberj.', 28. Ex ivirtc Eonrdrinier, in re Artistic Color Printiii.u Co., 'IH. Ivdwards v. Eii'.tlisb, :U. I'jvaiis V. Mostyn, liS. Eastern Hank v. Mrown, 4(), I'.l. I'Uirly V. Preston, 17. I'^xcliantio V. Hoyce, 19. Everest v. Hale, "lO. Eminott V. Marchant, (lO. Ex parte Ivalien, in re Hewor, 0)7. F Frazer v. Lazier, 5. Fitz-ierald v. G. T. R. W. Co., 17. Fairbanks v. Pbelps, 2!$. Fuentis v. Mantis, 2^. Freeman v. Cooke, 24. Farmloe v. Bain. 2.5. Fitzjjerald v. Hunter, '20. Fuller V. PaitJe, :5l. ^ Farmer's Loan and Trust Co., \ Hendrickson, ;U. Forlinuer v. McDonald, 83. Fletcher v. Braddyll, 47. FannouB' Bank v. Gurni'll, 4H, Ferguson v. Thomas, 55. l''orman v. Proctor, 57. ; Kinney v. (i rice, 112, (i3. Foster v. Smith, 05, (57. ! o Gnnn v. Burgess, 7. 8. Groat v. Gile, S. Godts v. Riley, iU. Griltin v. McKenzio, HH. Greither v. Alexander, ;i4. Geortje v. Surrey, :W. Geary v. Physic, H'.). Grceii v. Shipworth, ;U). Gosbell v. Archer, 40. Gibson v. MitcheU's Hay Lumber Co, 44. Graham v. Sancston, 4'J. (lodard v. Gould, (i:!. (ioodinj^ v. Riley, (l:!. Graham v. Summers, 04, 07. II i Hall v. Collins' Hay Co.. 2. ■ I arrison v. Lee, ii. ! Harvey v. R. I. Locomotive Works, -i. Hereford v. Davis, 4. i Hodj^'son v. Wurner. 4. i Harris v. Com. i ank, 7. i Halter v. Runder, ',1. Helliwell v l';astwood, '.I. ' Hall Man Co, v. Hazlett, 9. Howell v. Listowell Rmk and Park Co., 9. Havward v. Tluxcker, 10. Hnj^hes v. Little, 12. Harrison v. Kiiif^, R<. Hii^fiins V. Hurton, 22. Hordinan v. Boot!), •22. Ilousatonic & La Banks v. Martin, 84. Herman on :Mty;es , 4. Hunt V. Adams, 88. Harrison v. lOlvin},', 38. Helshaw v. Lansley. 39. Hurbert v. Moreaii, 40. Hawkins v. Rutt, 40, 47. Hawkins v. Salter, 47. Hewitt v. Thompson, 47, 48. Hall V. Sampson, ."»5. Hans V. Johnston, 59. ' Holman v. Doran. 04. TXULE OK CASI'LS CITKn. vii UlullCT Works. ud rark Martin, In re Parke, 44. In re Artistic f'olor Printing,' Co., ,,■ parte Foiirdriiiier, 28. in re Ross, (Jo, (17 In re Hewer, (■.r;;,,,^,' Kalien, 07. .fones V. Henderson, 7. •lorden v. Money, 24 •'ones on Clmttd Mort-a^-es, 3, 32 o4 Jeffery v. Walton. ;i!l. ' < * •/ones V. LewiK, 4,s, .Tones on Mtj,'es., 01. K Kitching v. Hicks, 12 Kent V. ISuck, 2.j. Kohl V. Lvnn, 32. Kessey v. ■.Mclk-n'rv, 32 Kello},' V. Second, 34 Iveven v. Crawford, .'iS Kelner v. liaxter 40 Kelley v. Powlf'tt, 02 Kerr v. Lundley, or,. i\'err v. Lnndov, 07. 44. I^ogan V. Le Mesnrier 8 Lancaster v. JJvo, 3, o 'J Kau},'lier v. Pointer,' 20 Livingstone v. .Afassey •>! Loes-deman v. Maclim' 23 -Lorin",' V. Lorin.,', 25 Langdon y. Hi-lls, 47 London V. Emmons, 55. London Co. v. Dralte, 50 Laveque V. Navarine, 57 ' La.'lantev.G.T.R. Co;,OL Law V. Pettergill, 05, 07. Milton V. Mosher '> Miller V. Blineber'-, 3. Matjee v. CatciiinK, 3 Mason V. Bickle, 4, 23, 24, 25 Mason V. Johnson, 4 Mayv. TI,o Security L A a ^cpou«alIv.Ediot,8 ^• AlcLau. V. Puikerton, 10, 43, 27. Co., 7. •l-l, 50, I5y. Co., 13. Mitchell V. Dobson, 11 Mathers v. Lvncli, J 2 IMowat V. Clement, 12 ^lasoii V. Morgan. 13. ' ."Nlears v. London A- S. W ."Milton V. Salishnrv, P) Milli^an v. Wedj^e^ 20. ' -■MacCartliv v Vonn" '^0 McMillon V. Larnc,l7"21. -Alason V. .rohnsoii, 2.'!. .■NIcKwan v. Smith, 25. ^IcMahon v. Sli.un ••>(; Sn''"y-'^Y:'*''-'^''^""""'^'J5ank,20 McDowal V. Stewart, 31 ■Morrill V. Pourke, 31. Mollat V. Couison, 31. ^le.Ni^'ht V. (;or,i,',n ;V> ^larch V. Ciilpoppoi-, 3o". iMerchantsliankv Spicer, 3!) -Haclean v. Dunn, 40. I ^laiiton V. Tabois, 4:{. IMercer v. Lancaster, 4S Mann v. IMoors, 4,s. ^lorton V. Westcott, 4!) Mnil7' H'''''T.'*''''" "f Vienna, 0(1. Miller V. \,m Norman, 01. INIarr v. .Johnson, 40 Mc.\uley v. Allen, 5.5 McClelland v. Nichols, 50. iMcGrej,'or v. McNeill, 50 I Nordliiemer v. Robinson, 4 iNicols V. Bastard, 13 Newhall V. Kingsbury, 23 Nat. Bank of Pellefonte v Manif,'le, 40. New Haven Co. v. Mitchell, 47 O 0{,'K V, Sliuter, 4, 22. Ogle V. Atkinson, 21. I Paterson v. Mauglmn, 3. I Pierce v. Scott, 3. Patridge v. Swazey, 10. I Pickering v HfraJombe Rv. Co j Bickard v. Sears, 24. I Pattern v. Moore, .'il, 32. i Palmer v. Stephens, 3U I Porter v. Dement. 31. Parke, in le, 41. i3, 27. M( 12. TAHLE OF CASKS CITED. Via Parki'V V. Ciovdon, JCi. Piito V. riiniiU'V, 54. PortiT V. Fliiiloft. "I'l. Patoii V. Slu'iipai'il, IVJ. I'arkur v. ralnior, i><- H (,1iiiinnim v. liiivnett, '20. Qiurn V. Vico-rhuuc'C'llor ot Oxford, ()l. U Ilonina V. Miisscy, -'. Kluxk'H V TlnvHitoH, S. /I'l' Urowiiinu, V2. \\i"X\\M V. TwecMly, '21. llobertsou V. Slrickliiml, 22. Uichanls v. -lainort, -j'.l. UobiuKou V. McDouaM. SO. K. S. (). ISS7, cap. 12.-., 1,2 V 22, .,.. ■55, -M, U, 4:{. ■Rhymes v. (^larkson, :!'.!. Rux V. I'luincr, 17. Rand v. Reynolds, 4'.i. Runyon v. :A[()Uiitfort,_r,l. Rattan v. Beamish, m. Read v. Smith, '>('). Refiina v. Justices of Shropshire, Ross V. Hamilton, (>'>. ?. Samuel V. Colter, 5.->. Saint V. Relley, ■".('.. Kpauldinj' v. I'.arne Stadacona Fire iV Mackenzie, .'>'.). Smith V. Waj^onei-, (l:!. Sliaut^lmessey v. Lewis, (14 Stonebreaker v. Iverr, (14, Stowe V. Meserve, Ci.'i. Tliomiison V IVttitt, 2. Tliorue V. Tilbury, 21, Trust it fioan Co. v, Uuttan, '24. Tyler v. Stront^, 31. Tidev V. C-rail), 3.'.. Taylor v. ])ol)l)ins, 3H. Tiffany v. Warren, 31. 'I'rue V, Collins, 4H. Tompkins v. Batie, '>\. T. it L. Co. V. (Uithlurt, ().), . •)7. ,■.9. Stevenson v. Rice. 4, '22, 23, ■i."., 2 Sargent v. Ciles, 4. Sumner v. Cotley, 4. Snell V. llei^hton, H. Stevens Man. Co. v. Barfoot, !'. Shetlield v. Ilarrisim. 10. Suthcrlanil v. N'ixon, 2(). Sat^e V. Browning,', 31. Saf^re v. Hewes, 31. Shirbytiii v. Albany, 31). Story on bailments, 7. Schmidt v. Schmaelter, 3S. Saundcrson v. .lackson. 38. Schneider V. Norris, 31). Selbv V. Selby, 40. Scott V. Lord Ebury, Hi. Shorman v. Brandt, 41. Stocken v. Collen. 4ti. Skilberk v. Garbett. 47. Seneca v Bank. Co. Neass, 4',l. Stewart v. Edon, HI. ! Vauj^han v. Newlove, 18. ' Vincent v. Coonell, 22. I W •>2 Welch V. Sackett, 3. ' ! Walker v. Hyman, 4, 23, 2o, 2b, 27. I Walker V. Niles, 12. 1 White V. Brown, 21. ! Wilson V. Andcrton, 21. ■ ' Weld V. Boston Ice Co., '22. I Wheelton v. Ilardisty, 25. I White V. Gordon, 2(1. ' Wright V. Redt.;rove, 35. I Williamson v. Clement, 3."). I Whart. Law Lex, 5. Warwick v Noakes, 4(). 1 White V. Norris, .">5. i Wheeler v. Montefiori, 55. Walsh V. Taylor, 5(1, I Wolfe V. Home, 5(1. i Whelan v. Couch, 57. i Walcott v. Botliekl, HI. Youn« V. Hi^s-'ons, 50. Young V. O'llielly, 57. Zouch V. Dempsc-y, 5i). AN ACT RESPECTING CONDITIONAL SALES OF CHATTELS. H 51 Victoria, Chapter 19, Ontario. lAs>!f„te(l to 2Srd March, 1S8S. ER MAJESTY, by ami with the advice and consent of thp T „ ,■ lafve A.en.bly of the Province of Oni^i.:^:;! :lt::,^Z 1. (1) From and after tlie coming into force of tl,i« Anf /o> i.oten. hire receipts, and orders (-3) for clnttekm . I .. I ' '"'""'P* of chattels, wlaere the condition 7) ^f if .'^ ^'7?" ^^ ^'' '^'^"'"^'' '«' possession of the chattel sh u W ;1 1 ' ^ r' 7' ^" " """ ""* "''^ l.ein. ac,„ired (10, hy the bail eTnti he ^ ,^0^ u" ''^ f""'" to the baiipp ),„, +1 '^ *'"^'' <^" possession is triven SaSe'aS'chaltl vT""' "' "'' *"' '•'''»"»=" '" Bills of Mle ami Chattel Mortgages, (,) are both designed to safe- ap»I e^rr"'",''^""'' "-^ »'-''-"- eoo'equenc of UchtwB f„, acqu,„„g information, and both insist upon (,7r7i n ,f ""■' "■ "°''""°''' '» "• »■ «» !'■ «2'. (") «. S. O. 1887, cap. 125. ' 2 CONDITIONAL SALES ACT. the adoption of a certain course as a means of protection, but the one statute (the present one) is pointed at cases wherein the possession changes and not the ownership, the other statute {h) at cases wherein the ownership changes and not the possession. (2) The time when this Act came into force was the first day of January, 1889, including that day. (c) The word " given " is to be observed in this section. In the connec- tion in which the word is used it is equivalent to the term "executed." The latter word consists of three distinct acts, "signing, sealing, and delivery," and the last of these three acts is not complete without " acceptance." Seahng is not necessary in any instrument executed under this Act, [d) and for that reason the addition of a seal will not vitiate the instrument, (e) Signing and delivery are essen- tial, and both are necessary to create a "giving" in accord- ance with the Act, hence the statute will apply to receipt notes, hire receipts, and orders for chattels, though signed, but not delivered, before the first day of January, 1889, and likewise to such instruments as, though delivered before, are not accepted until after the first day of January, 1889, for, as has been said, delivery, which is essential, is not a complete delivery without acceptance. The vendor, there- fore, of manufactured goods within the operation of this statute, who omits to comply therewith, relying upon the time when the signing was done, being prior to the first day of January, 1889, and disregarding the fact of delivery and acceptance being subsequent thereto, may find his claim to the goods defeated as against a subsequent pur- chaser or mortgagee without notice in good faith for (6) Pv. S. O. 1887, cap. 125. (c) See section 9 post. id) See Paterson v. Maunhan, 39 U. C. R. 379 : Hall v. Collins Bay Co.. 12 App. K. 65 : Thompson v. Pettitt, 10 Q. B. 101. (c) Milton V. Moshcr, 7 Met. 241. SECTION ONE. otection, at cases pnerahip, wnership 1 the first The word e connec- the term ) distinct t of these Sealing nder this \\ will not areessen- in accord- to receipt Th signed, 1889, and 3d before, iry, 1889, 1, is not a lor, there- in of this upon the the first )f delivery r find his juent pur- faith for lins Lay Co., 8 (3) Not any of the transactions denoted by these form« of nistruments amount, accurately speakin^ n! r does not pass, l,ul possession Z, T ""Mrship conditional s.Ues both TZrsh , ' an^ .r' '"'"'"°^"" Tbe conJilion consists in tZiZTlTT'"" "?"'"■ snecifled timn „.i,i. , " <■ <";Sfi ol re-pureliase w:i i n a a venCo, i„ a bii, T::iJ"^J^J:C'!^':^"^ vendee by a bill of stIp hnf fi •, "^ *^ *'^^ tbe vendo^. of ..epn:',: ■;«";';. I f™ ftii-^re'f '" action is a conditional sale • (h) nnd f . T ' *'''"'' repurchase consists me" y' l' a ".b "'^ '''' ^^'^^'^^ ^' creditor to resell on the del' Lfi-f T''"'"* ^^ '''' to a.^. ....... J- ^^^ are extremely ommo„ Z^^, tf "'" '" ^^"**^^^'" 80 with the 'extension omL ?°"""° "^"'"'"^ ^"^ "^^^^ extension of trade and commerce. The ease (/) Miller V- Blineherq, 21 Wis r.7fi • ir ; ; c (9) Jones on Ch. Mtges. § 26 ''' ^"'''''"' ^^ ^^'^^ ^J'^- ('i) £(7a»rf V. Radford, 58 Ala R7 • ;■;• ■ ^coff, 0/ Ark. 308. 'I "3 4 CONDITIONAL SALES ACT. and simplicity with which the vendor of a chattel can, in a summary manner, resume possession and thereby extin- guish the interest of the vendee, as well as the rights which he had in the chattel, as also the circumstance of secrecy in transactions of the kind, have naturally led to the adoption of this form of conditional sale in preference to any other method, less secret and more risky to the party selling. The agreement { j ) usually provides for the pay- ment of a rental, or some sum for the use of the article, which may be applied p'-o tnnto, on the purchase money if and when finally paid. Often-times the monthly rentals are in reality simply instalments of the purchase money, and the hardship upon the vendee of a forfeiture when several of the instalments have been paid, have, in two instances, led to construing the transaction as one of sab with reservation to the vendor of a secret lien, (k) Our courts, however, have always enforced these contracts according to their plain terms, (/) not only as between the immediate parties, but as against bona fide purchasers, for value without notice. (?u) Now, however, such a contract will be void as against such purchaser unless the statute is complied with. Either the name of the manufacturer or vendor must be plainly painted upon the article, or else there must be registra- ( j) For Forms see Appendix. (&) Harvaj V. 11. I. Locomotive Work^, 93 U. S, GGl: Hereford v. Davis, 102 U. S. 235. 11) Stevenson v. Rice, 24 U. C. C. P. 245: Nordhiemer v. Bofn>fon, 2 A R 305- Walker v. H,,man, 1 A. R.345: Ma^on v. Johnson, 21 0.7. L. R. 9, Ch. D. 419: Ogn v. SImter, L. R. 10, C. F. loJ. ^^e aiso Chamberlin v. Smith, 44 Penna. St. 431: Cnst v KleMr, 79 Id. 2J0 . Sargent v. Giles, 8 N. H. 325 : Bean v. Ldge, 84 N. Y. olQ. Im) Walker v. Human, 1 A. R. 345. See also Ballard v. rnrgett 40 N. Y. 314 s\mery Cotley U Mo. 121, 125: Bradsluuo ^-^^^^rncr 54^Ind. o8, A Hodnlon V. Warner, 60 Ind. 214 : Cole v. Berry, 42 N. J. L. 308, 313. A can, in by extin- ;it8 which )f secrecy h1 to the "erence to the party • the pay- le article, money if ly rentals le money, mre when e, in two ine of sale . {k) Our contracts itween the urchasers. as against ;h. Either be plainly e registra- ford V. Davis, V. Robhhion, ,mm, 27 C. P. re Robertson, 59. See also , 79 Id. 290 : rgett, 40 N. Y. ■r, 54 Ind. 58, L. 308, 313. SECTION ONE. » tion i«; If both tlieso obligations are omitted then a purchaser or mortgagee is given the protection of the Act. (4) The term " chattels " apply to manufactured (o) goods and chattels of all kinds, except household fm-ni- tineO,) b„t inasmuch as, for the purposes of this Act p.anos, organs, or other musical instruments are not Chattels may be moveable or immoveable, and are dmde mto the two classes, real and person 1. («) A chattels real are not contemplated by th, statute t) all reference thereto may be omitted. ^ ^ Chattels personal have been defined as those things 101 which, It they are injuriously withheld from him the Th^^ot 7 fr """'^ "^'^" '' ' ^«^ -'ion. I; rheief re, chattels personal are divisible into two classes. _ lu-st,-rhey consist, in part, of things which exist o>^Iv jn con^mplation of law ; things of whicC a perso^ as ^ ^ the possession, or actual enjoyment, but only a ri«ht to or a right to demand by action ; as, for instance a fght to recover money due on a contract-a chose in action ' {«) See po.it section 0. (o) What are manufactured "oods? TI,o m«„v,- « ^, facture" is "to form bv mauufacture Jr t^t "^.°^ *''° '^°'"<^ "'"'^»"- by machinery, or manual dex erSy to mJkrbv nT "' ",\ ^l ^^'^ ^''^"'J »' Hence goods so produced are malflXredg^ooS'"'^'''"''^ ''''''■"•'''•• (p) See section G post. (q) Section 6 post. Ac? unlS^rc J'^e'^^^lirXr t.*'"* ""'"^ "-<='"-« -e within the household furniture '"* "'"^ '^'"^ ""' ^^^'hin the definition of (») Whart. Law Lex. (<) Frazer v. Lazier, 9 U. C. Q. B 679 («) Whart. Law Lex. '^^•^'•'• in Whart. Law Lox, : Herman on Altges. 3 6 CONDITIONAL 8ALES ACT. Second,— They consist of moveable things only as belong- ing immediately to the person, and which can only be delivered over from hand to hand, such (e.g.) as books, wares, and merchandise, (t) It maybe concluded that the present statute applies only to chattels within the latter definition, with the further fact to be remembered, that the chattel must be a manu- factured chattel. Possession, in the language of the statute, can pass from and be given by one to another without manual delivery. As opposed to an actual change of possession, there can be a constructive change of pos- session, the possession of the chattel passing in the one case as well as in the other, but the use of the word " bail- ment," (w) upon which the entire clause hinges, suggests beyond question an application of the statute only to chat- tels susceptible of .'ull and complete delivery, {x) In fact, to property of which there may be a present possession or title, or in which there is a present vested right or interest, and not to property which may be acquired iii futnro. (y) There must then be a delivery, and there must also be a change of possession, differing perhaps from the definition of the term " chattel " under the Act respecting mortgages and sales of personal property, (z) only in that under the latter statute the " delivery " must be " immediate " and the possession must be " an actual and continued change of possession." The object of the statute is to safe-guard the public, by affording one an opportunity of knowing whether or not his fellow-man is really the owner of property the pos- session of which justifies such a belief, and to prevent a (w) From "hailcr," Fr., to deliverer. (x) See Clark v. G. W. R., 8 C. P. 191. (j/) Story on Bailmenta, § 294. (2) R. S. 0., 1887, cap. 125. 1 belong- only be 8, wares, lies only I further a raanu- of the another 1 change 3 of pos- the one ■d " hail- suggests to chat- In fact, ession or interest, uturo, iy) also be a lefinition lortgages inder the ate " and d change mblic, by er or not the pos- prevent a SECTION ONR, m fictitious commercial standing being enjoyed by one who may be " heavily woightod " with obligation. {,t) Though this bo the laudable object of tbo statute, parties to^'a transaction cannot bo prejudiced for non-compliance with the Act if the transaction bo one to which the statute does not apply ; as, for instance, where, from the circumstances of tlie case, possession in the chattel cannot be passed consistently with the object of the agreement in regard thereto; (/>) or where a conditional sale is made of a half interest m a threshing machine, or other manufactured property, (c) because tbe vendee in such case does " not acquire " a specific clmttel but only a conditional interest m an undivided moiety of an indivisible piece of personal property, (d) Bailment, or actual delivery, cannot be made of such an undivided moiety, hence the character of tbe person acquiring such is not that of a bailee within the Act Nor would the Act apply to a transfer of manufac ured goods, the ownership thereof remaining in the trans- teror when the goods are in the hands of a warehouseman, who becomes the agent of, and agrees to hold them for. the transferee, (.) and therefore the Act does not apply to a conditional sale of goods in customs, subject to duties, for they are not capable of bailment, at least until the duties had been settled. (/■) Neither, when this statute is not <^omp led with, can it be invoked, to defeat the claim of a transferor, who retains in himself the ownership of a chattel ^vhlch, when it passes into the possession of the transferee <\-. llnvuite^,i^B.&C. 388 : Aldridiie v. Johnston, 7 E. cfe B. 885 : Atkinson v. Belt, 8 B. & C.27.. lession of ass, tliKi) , contract le chattel e, ejus est m by the iifactured I of hoiiit:; essecl in I wherein 3 right of when the le of the 1 a grant itaining a ection or ngons the [le statute the trans- n tract not under the within the lexing the make the soil seeks- xed to his ,7,', 51 N. Y. ,1. AW. 774: e P. C. IK) . i7e.s,()B.&C. ^B.&C.277. 8KCTI0N ONK. l> land, by one who had „,.t the |.«h1 title to the things so uttixed, he must pay for it. (A) ^^ ^^ In deahng with flxturcH, thn iiiteiifinM ;„ .. , x, ^vill decide their character /) ',,'"". '" '"«'^'-'J thereto this Act, executed i ,'. ', .."h r'""""'"' ""'^^ Hunexed to tl... .v. if '""'''" "'' '^'^o"* to be 'ixt."-.. of „ „„t,„.e tiL „ V ,.„;:;?'"■ V" '^'■?" "filoi- to bo i,m who retain J 'talr- ';;„;;"", '" " «™'"'-"-<.'of retains its |„„a| i,,^,,,:,^, , , . "'" "" '""« "« "'<= l>ro|icrty cover n,aclu;ery ; ft', t .-f ,"'"■«"«" "' "'« I'""' will -ver the machi n./ta i„ , 'm'';'' "' ""7''""' "> ''wvin,Mt,u3eai^„ori.„:;:;.;,:::;:tJ:;-;^^^. (A) .S/• :'7-» : Oo.ard v. («) Jones on CI,. MtKes., p m '" '' '"■'"'"• " "• «• '''J^- (o) .S'S SS;:-!?^^.^''^'-- '^ A, K. 7.i,. ; /,„„w; V. /..,„.,„ ^,„„,„ I# CONDITIONAL BALES ACT. X when HO treiM, a"'^ i)a88in« with the realty as the key of u (loov passes with the sale of ii house. («) (5) To the words " given hy " is to be ascribed the samo definition as possessed by the term " executed by." There- fore until an instrument under the Act in delivered it has no ellieaey whatsoever. It is from delivery- the last act of execution -that the instrument takes effect, and it is from the time of delivery that the period begins to run within which the copy of an instrument under the Act must be liled, (0 if the alternative is not observed, of painting, printing, stamping or engraving the name of the manufacturer upon the chattel, delivered to the bailee or vendee. The date of the instrument is usually evidence of the time when it is given, (») but as there may be a false, or impossible, or no date at all, such evidence is only pre- sumptive, and it is still open to the parties to show that the instrument was given at a time different to that shown by the date, (c) Thougn the date of the instrument be the correct date, it afford^s no indication as to the time of the day when the instrument was given. Should a bailor have to depend upon a compliance with the Act as to tiling a copy of the instrument in order to sustain his right to a manufactured chattel as against a subsequent purchaser or mortgagee, it might be reqnired of him to establish the time of dav when the" instrument was given, because t\'liou Ll^e justict ol the cause so requires the courts will consider a fraction of a («) Sheffield v. HarriKOU, 15 Q. B. D. 358. (t) See section 6 jwnt. (u) Hayword v. Tliackei; 31 Q. B. 427. (.) See McLean v. Pinkerton. 7 App. K. i'M : Burdett v. Ilnnt, 25 Me. 41!^ • I'lirtridye v. Suuzey, ■10 Me. 41i. "RCTION ONE. 11 when execution of un inHtrun.ont takes ^ee '^ for "^i ^.i'''T ' ' '""'"-' '' """ *« ^^''"-^ «-'!« -o intrust, d toi a Bpecihc purnoHe. (,r) Ouo fn ,..i '»ruac(a u,an„o,..„r T„ „.""l„r "',"; '" » " "■''-"ly in narf UM. I'tirchaso money in whoL or r-. J 185, wherein it is (I.tI.!,, | t ha' ,', "l ' ^'^ •'''° '^^'■''■'"•" ^'^ -f^'''^"". 3 statute, a fraction of a .h.y ij H.^ l];, oolS^e? "" "^^"''^'^*"^" ^' ^ (X) Wliart. Law Lox. (y) 1 Vera 208. WaokHtono 11, ini W 12 Mod. 482. („! See n>r,re !„!!,• „ot*, («, /„„,. ,„„,,, ^.,i,,„^.„j 12 CONDITIONAL SALES ACT. the bailiront, the statute then has no application, {h) Or, should the statutory conditions referred to be ex- pressed in the instrument, and in addition thereto other conditions be embraced, not within the operation and effect of the statute, then if that part of the in- strument which brings it within the Act can be severed from the rest, the instrument, as to the rest, is not invalid for want of compliance with the statute, (c) and this is the case whether the illegality be created by statute or by com- mon law. id) But, if severance cannot be made, then the whole is void, if the statute is not observed. And it may be on the principle of rejection and retention, when the contract is severable, that an instrument under the Act, given by two bailees to a bailor, or taken by two bailors from a bailee, may be, in the one case, invalid only, so far as the interest of one bailee is concerned, and in the other vahd only so far as the interest of one bailor is concerned, (c) The mind has only to speculate upon the many kinds of conditions which can be attached to the bailment of chat- tels to discover that the statute is most restricted in its operations. A condition is that which is referred to an uncertain chance, which may or may not happen : it is a restraint annexed to a thing, so tliat by the non-performance, the party to it shall receive prejudice and loss ; and by the performance, commodity or advantage. Conditions are affirmative, which consist of doing an act ; are negative, which consist of not doing an act; are restrictive, for not doing a thing ; are compulsory, as (h) Baldwin V. Benjamin, 10 U. 0. Q. B. 52 : Mathers v. Lynch. 28 U. C Q. H.-Aoi: Walker w.Niles, IS Gr.2V^. le) Kitchinn V. Weks, (J O K. 7H0 : Mowat v. Clenie,it, i Man. L. R. 58o. SeeW;/R',sv. /-im-, 17Q.B.D.201. (. -58',). SKCTION ONK. 13 tion. {h) be ex- thercto peration the in- severed , invalid lis is the by corn- then the [ it may hen the the Act, 3 bailors y, so far he other 3rned. (e) ' kinds of b of chat- ed in its ed to an ; it is a formance, nd by the ig an act ; act ; are ilsory, as mh, 28 U. C. ,11. L. R. 585. n;/, 9 ch. 58;5. that the bailee shall do an act; are single, as, to do one thing only ; are copulative, as, to do divers things • are eZr Ml' '''/' '' "' °' "^'"^^ """"^ '• ^^'^ -^d'-e't the extent of the term is not defined. Ingenuitv then will discover many cases to which the statute has^io applica- tion ; and doubtless many methods of evading its terms (8) " Bailment, from the French haUlcr, to deliver is a • "tallies are borrowed ; ZCZIZ:!:^''" ^""''^ '"' "™^^ performance of an Cgement,' w' " " """"'^ '°'- '"» (') Story's Bailments. ("') Lord Holt, CoQijs v Btrrmr,/ 9 t i r. («) 1 Bomat B. 3 Z. 1, gllrt i '^'' '''^^'"- '''• ^''- -j^g CONDITIONAL bALES ACT. Hence thousli the statute aims at transactions within the general definition of bailment " as a delivery of goods m trust, upon a contract express or implied that the trust shall be faithfully executed on the part of the bailee, it appears as if of the various classes of bailments, except it be that of hiring and letting to hire, none of them exactly fit the circumstances the statute is intended to meet. The statute insists that the bailment shall be in writing, at least as against subsequent purchasers and mortgagees The probabilities are then that in most cases the legal liability of both bailor and bailee is to be ascertained from the written contract. The responsibility of either bailor or bailee may be lessened or enlarged either by express or implied contract. When by writing, the writing governs, for an express contract of the parties may vary or super- sede the obligations implied by law. (.) When not in writing, then common sense and natural justice will help to define what are the legal obligations of the parties. To produce the legal obligation of the contract of bail- ment, (i) The bailment must not be prohibited by law. (ii) It must be between persons competent to contract, (iii) There must be a free and voluntary consent between the parties, ip) A conditional sale under the Act of a piano to he used in a house of ill-fame is repugnant to sound morals, and there- fore illegal. The rules of common law, establishing the incapacity of certain parties to contract (except when varied by legisla- (o) Jones on Bailments, §31, 33, 34. (p) Story on Bailments, 378. '1 SECTION ONK. within Tjoods in le trust ileo," it ept it be actly fit writing, 'tgagces. ho legal led from bailor or ipress or governs, ir super- i not in will help ies. t of bail- LW. contract. ' consent De used in ind there- apacity of jy legisla- 17 « tiod) apply to contracts umler ll,c statute, tin,, infants unafc, .d,ot,, and person, of „„«„„„,, „i„j „, j 3ej fio.n contract.DK cither as bailor or liaileo "'"""■"J SliKbtdilligenco only is required to l,e exercised on the "i«n for the s„,e benefit of th^e hSee t ^ e t' d, i^^L; onTTf on his part, and .hen for the Tn, 1 1^ en fl both bador and bailee the law expects ordinary di fierce alone to bo exercsed by the bailee. In the (Irst pla e 1 L s able only for gross neglect, in the second case frjd neglect, and n, the last case foror.Iinary neglect. (° " Fron. tins it may be .-onchided that, unless the urifte,, ■nstrument provides differently, ordina^' diiije, e^i" be exercised over property within the scone otZ 1 . statute, by the bailee, who will only boZ,oli ;:,!?, nary neglect, for it cannot be said ihat tl eT I ' ,^^" pr:i:°:---rrii:-i^?-^ '.Sence (, n.ay bo equivalent to fra J, r'tLu 'h' rS A'or,"c,«2:"S"' "'• ""■■ "'•«"■ «"»-.'. 21.1. !<.,„ 919. ^-s, v.'ir;,,"!;''^;;!: ^ ^^ ^ "-<•" ». >,.„„. ,„.^,, „ , B.C.A 2 I ■ ' i ■( i j^Q CONDITIONAL SALES ACT. may protect InmBelt asainst loss through n''R}if ""f .'""^i^T "rl should the element of fmud enter mto the ba.lee , conduct the writing cannot shield Inm. The ordinary dilisence expected to be e^ierciaed by a bailee under the Act in the case of a chattel ie that ■■ degree of d,!.- rivhiclmen in general e.ert in reepcct to their own con- c ne." It may be .aid to be the common prudence wh.ch °m : of busines' and head, of "-"- >™»"',.tt\,': affairs which are interesting to them. (0 Or it is the '"which every person of common prudence and capa e of »overnin" a family takes of his own concerns. What i Sn 7 riiligenee Ihen depends more on fact than on law, and is governed bv an manite variety of circnmstances The actual state of society, habits of busmess, usages „ 1 ?e the degree of danger, the very country or sectn^n o country wherein parties are, the nature, qual.ty. bulk o vavTe of the article bailed, are all crcumstances winch mt have to be considered in Bring the degree of dd.genc tacumbeut on a bailee to exercise. These considerat ons arse mainly where the contract under the Act .s sden a to the decree of care required to be exercised, but if, as ^e have seen, the written contract narrows or enlarges 1. hi; lily of' the bailee, the contract has alone to be look«l for If the bailee is required to exercise great dihgence te degree is to be measured by that which a ,«, pu oerson would take of their own concerns ; («) il but sligut igCil, then by that which any person of eommu ordinary prudence would exercise in their own affairs, (v) Diligence is but a relative term for oegUgence and as there are degrees in the one so there are .n the other. (t) Btory on Bailments, §11. (u) Vaughan v. Newlove, 3 Bing. N. C. 408, 475. (u) Vaughan v. Newlove, supra. however bailee's ■ a bailee le of dili- own con- ce ■which xhibit in it is the . capable " What ,n on law, jastances. Lisages of jection of , bulk 01- >es which ' diligence iderations I silent as t if, as we larges the be looked dihgence, nj prudent ■ but slight )f common iffairs. (v) ice, and as other. SECTION ONE. 19 (i) Gross fault or neglect (tea culpa). '"' """""'■y '»«" ov neglect (fc,-;, cdpa) Cu) Slight fault or neglect (/„,,■.,;„„ ,„,,„, a W:""gi:,:f r- :f:,;>- or.,l„ar, <,nige„ce is w;t:n':h"';rne:tt'rr:„r,"'° r °^-«"^-- I» require, only J i . t dli„ „ "f" "' "'" '"'""^ "== 3i^Iefor gros, neg^ctt;! X;;:tn:irof S",""^,™- "« tj x::irff 'r,rv'"-^^^ '^n.u of j.„ z:: rit ^jit^'iLerrtr-,'"" requnes ordinary dili™nes n., n , ""= 'a" l.e responsible for ordCy ^UTt.""' °' "" ''""^=- » « wi^ioh it is tali"; to"us i::,r ti^r "'^" f;" '- restore it at the time annor„f l .' ™'''' "^ "i '» tte rent forit as thTcase may hi I" P "" '""' '"' "' " whatever is prescribed bHernract' «?','" "'""' custom, (w) "^ t-ontract, or by law, or by to It t" ':fz::tT:r'r «•"' » "«* ^^---d .*n he receiveHlr . "e'To 'w""^'':' ."^^ «- ""''' '» -e property is theltit.'t Its ^Cf {"•)lI)omatB.l,tit.4,§2.art.l. Story on Agency, ^^2 to Jg?^ ''' ^ '''^^^'^ V. 5a.-.,.„.,, 13 John, 211 : ■r 2Q CONDITIONAL BALES ACT. , ., A i,n ;« Himilarlv liable if the wrong- „„He to th« baUov -■" ™t ilmt of hi- cl.iUken or fal conduct, dotault or ne„n„^ servants. (,(/) Where two persons are joint vendees of the property Where two pe event of ordinary negligence, (z) ™„K a, for in«t»-; - ' rtTtrstolen,' .•) yet, if propoily opposes the =^^'^""'' \ ,,„„, i, the servant in the act e„m,> ame,l ol ha. "° J'^J^ j^ =^,i, „„,t„, „, i„ :trrt:\Lx:i:tri,notUon.h.e..o ,n„.t .lehverthe "■':'"•'"'■ jue period of bailment, xvhleh the bailee's use of t '1 "'"S '-e l>e> ^ .^^^^ j,_^ ^"" "= ™'" UUi: tolh W lee o a"Ltent necessary for possession and "'«;'<'"'' ^» ^^1010 is free from any the bailee's use ol it, ami t at tue a [t ,.a3 (y) story on Bailments, S 100. (:) Danj v. C/«im^t'W«/», -1 Esp. '-2J. (") Ilii'^l- , „ «, rvp^s 547 : MilU'ian v. IlVf/y. l'^^ Adolp. ct KlUs 737 : Qnamany Biunet o (c)C'.WV./!efore or after defanlt, subject to the right^ „f the 1" , possession, and the interest of the s5ler may be evi .po.. and sold for the debts of the seller, H) Aft I question, the bailee ,s entitled to refuse to deliver it to the a*::o7'^'''''°'"''^"'''^'™"'^-''°-""--"'°» (.7) Crompton v. Pratt, 105 Mass. 235. (^') nVuVtf V. Brown, 12 U C O T? 17-7 . /-i 7 i>}norne v. T//.„.,, 3 H. * N. 5..4 : niu„e v. /.o..! 34 L.'j. q'. B. 137 [J } Jiei/iiia V. Manxrii T^ r t> iqi r, • />u'«//.sto«.. V. .l/„,,«,^, is Q. B." 16G ' ^^"'" ""• ^''""'''y' 2!* Q- B. 120 : 1? vT;T '■ "f """"• ' '• ''• '"'-■ " ^•^^- ^«^ = '' ^- "■ ^- P- 219. cill^Jr""" '^- ^-'-"■«« ^»'/«i Mai, Co. V. /?o,a. ..„// St.a,n Pa.U.t 22 CONDITIONAL BALEB ACT. (9) The statute only applies to such chattels, the posses- Bion of which can pass from one to another, (n) (10) There is nothing objectionable in the wale of a chattel npon the terms that the ownership shall ^ not pass until the happening of a certain event, {(>) wliich is usually the payment of the price. It is only to sales of this kind that the statute applies. When the ownership in a chattel is changed, hut not the possession, then another statute is invoked, {}>) but to all cases of manufactured j.'oods, includ- ing pianos, organs and other musical instruMu'nts, but not furniture, then the present statute prevails. It may become necessary to ascertain the intention of the parties regard- ing a change of ownership, and according, as the intention may or may not be that the ownership changes, so is it decided whether or not the statute has any bearing. The question of property passing being simply one of intention, ((]) when such intention is clea' ly established, cadit qua tio. So far as the bailee is concerned, and confining a sale by him of a chattel to his acts alone, he can confer upon third persons no better title than he himself possessed, and as he possesses none, then none can pass from him to a third person, (s) But he has an interest which he can sell, and, if the condition is performed, his vendee will have a complete title, (t) In fact, the interest of the bailee, can, before default, be sold for the debt? of the vendee, and the bailor or vendor, it has been held, cannot maintain trover (n) Ante foot notes 4 and 5, p. 5, also foot note 1, p. 1. (o) Stevenson v. liice, 21 C. P. 245. (p) R. S. 0.1887, cap. 125. (<,) Dank of U. C. v. KiUab,,, 21 U. C. R. 1 : Robertson v. Strickland, 28 U. C. R. 221 : Or/g v. Shnter, L. R. 10, C. P. lot). (r) Weld V. Boston Ice Co., 12 Allen 377. (s) Benjamin on Sales, 1 Am. Ed. 433 : Hignins v Burton, 20 L. J. Ex. 342: Hordman v. Booth, 1 H. & C. 803: Brett, L. J., ex parte Crau-cour, In re Robertson, L. R. 9, Ch. D. 419. (() Dm/ V. liassett, 102 Mass. 445 : Vincent v. Coonell, 13 Pick, 294 ; Currier v. Knapp, 117 Mass. 324. "% 8E0TI0N ONK. 28 until breach of the condifinn it i n . mont he i, not e„ti «':";„''■ , '", """V' "-->«-«■ ''«ach. („) still tl,o l„ul„" ,«,",, ,,'.'''"''*■ '""" «""!' .»»... of an i„toro«, .ou," z Z:^:;: ;:?"'"";'- Ill all cases wherein it i, „„,-,.e,l Iha I, ,i ■'■''°" of the property shall not na,„ „ I ' '"■ "^''^'''''P continseney, o'r the l |) (|- (/) Burton, J.A. U'alka- v. //,,„„;,, i a,,,.. R. Hr,l. {g) Wheelton v. HanlMij. H 1;. ,t n, 26!). ' 'I 26 CONDITIONAL SALES ACT. sell or otherwise dispose of them, in violation of his duty to the owner, sells to an innocent purchaser, the sale will prevail against the right of the owner." * * » A case does not fall within this exception unless the owner confers on the vendor the evidence of ownership or of authority to dispose of the goods, than mere possession, (h) And if a man owning property delivers it to a third person and sends him forth to sell it and to receive pay for it, no secret agreement between them can affect the title acquired by a purchaser who buys in good faith without notice of the agreement. (?) Transactions of the kind wherein the ownership does not pass should not be confounded with that class of transac- tions wherein the vendee has both title a .d possession, but the contract is voidable at the election of the vendor on the discovery of fraud. In transactions of the latter kind, a sale to a third party before the right to cancel is exercised by the owner of the goods, will defeat the right of the original owner. (/) (11) The words "payment of the purchase or considera- tion money," contemplate a money consideration, and therefore should the consideration bf other than that, or other than that which has a money value, the transaction between vendor and vendee is one not coming within the operation of the act. (/.-) The fact of the purchase or con- sideration money not being payable to the vendor does not deprive the statute of its application. It is a sufficient (7() Brickell, J. See McJIahon v. Sloan, 12 Penn. 229, 233 : IVnlkfr v. Hymin, I App. K. 34.-. : see McNeill v. Tc'ittli X.itional Bank, 4() N. Y. 325, ooU. (i) Fitzgerald v. Hunter, 19 Hun. 180. U) White V. Gorden, 10 C. B. 927. (A-) Baldwin v. Benjamin, IG U. C Q. B. 52 : see Sutherland v. Nixon, 21 U. C. Q. B. 631 : Brooks v. Lester, 35 Md. G3 : Carpenter v. Blot, 1 E. D. Smith 491. SECTION ONE. 27 legal consideration that the consideration moves from one party to a second party, and the owrership of the chattel is retamed m a third party. It makes no difference that the vendee or bailee give his promissory note to the vendor for the amount of the con- .u eration money, (Z) unless of course the note is taken in satisfaction of the purchase money, or unpaid part thereof as the case may be, (m) and the mere taking of a note for the purpose of closing an account is not proof that it was taken in satisfaction of the purchase money. («) There can be no objection to the vendor's discounting the note given for the purchase money. His so doing cannot be urged as a waiver of the owner's right of pro perty nor, of course, as constituting payment of the con- sideration money, (o) Nor does the fact of providing that the purchase money be paid as rent in weekly or monthly or onger instalments, in any way prevent the application ot the statute, (p) (12) The words " shall only be valid as against " have a meaning and effect which requires to be noticed. Instru- naen s under the Act shall be invalid as against subsequent purchasers or mortf,ac,ces without notice in good faith, unless the provisions of the Act are complied with. In other words such an instrument shall be " null and void." (q) In a somewhat analogous sense an Imperial Act (r) uses the words " fraudulent and void," and the difference between (/) .Vr.p;,.,.,, V. lUce 24 U. C. C. P.: WaUur v. //,„,„„. l App. R. 345 (w) ^ol■,ilu'tmer v. Rohinson, 2 App. R. 305. ('0 yordheimer v Ilobin.son, 2 App. R. 305. (o) Mason v. Bickle. 2 App. R. 21)5. (p) ^'ol■dheimer v. Robinson, 2 App. R. 305 Yo%^"6 Elf I BlT'^ °^ ''^''^' ''°'^'' '" '!"« connection, see BilUter v. !■} 41 A- 42 Vic. cap. 31, sec. 8. •if 28 CONDITIONAL SALES ACT. these words and those in the present statute, is referred to in ex parte Blaiberf/. (s) This is the intention of the Act, and is the eifeet of it, yet by the peculiar wording of the section, the negative inference is, that if an instrument shall only ])e valid as against the persons mentioned on certain conditions, if only valid as to them, then as to others not mentioned in the Act that the instrument shall be invalid, but of course the inference has not the force of giving a meaning to the sec- tion different to that intended. The meaning of the words " as against " found in this statute when read with the subsequent words " purchasers and mortgagees " etc., is, that the instrument of conditional sale shall be void, in order to give effect to the purchase of the purchaser, or mortgage of the mortgagee, but no further, (t) and, so soon as the claims of the persons jn-o- tected by the statute are satisfied, the vendor or bailor of the chattel becomes entitled co instanti, to any benefits that may remain thereafter. («) Under the Imperial Act, 17 and 18 Vict., cap. 36, s. 1, it was at one time held in a case wherein the defendant made a bill of sale of his goods to S., which was not regis- tered, and afterwards made a bill of sale which was regis- tered, that although the unregistered bill of sale was not invalid as against the secured bill of sale, yet inasmuch as execution had issued against the defendant, and the statute made null and void the instrument as against execution creditors, the same was displaced alto,jether by reason of («) L. R. 23 Cli. D. 254. (t) Ex parte Blaibn-g. L. R. 23 Ch. D. 254. (u) In re Artistic Colour Printing Co. : Er partf Eourdrinier, 21 Ch. D. 150: Ex parte lilaibenj, supra. SECTION ONE. 29 the execution, and therefore that S., could not set up his unregistered bill of sale, as against the subsequent instru- ment which was registered, (r) (18) There are two classes of persons, against each of which an instrument under the Act shall be invalid. (i) Subsequent purchasers without notice in good faith for valuable consideration. (ii) Subsequent mortgagees without notice in good faith for valuable consideration. Having regard to the purpose of the Act there can be little doubt that the subsequent purchasers and mortgagees of the chattel are subsequent purchasers or mortgagees from the bailee, not from the bailor. The reason of the statute declaring void an instrument under the Act, as against these two classes of persons unless Its requisities are complied with, will appear obvious when It IS remembered for a moment how easily a fictiti- ous and undeserved financial standing can be secured by the apparent ownership of personal property. The wonder IS, not at premature legislation in the interests of a com- munity, but that legislation should be so long delayed Thei-e can be no doubt of the wisdom of the statute.' iietter to safe guard commercial morality, it is to m-ke provision for giving publicity by registration to dealings such as this statute contemplates. The effect of such tran- sactions (though they be not contrary to law), is to protect the credit of a trader who is yet heavily weighted with undisclosed obligations. Grave suspicions must always ftrise in the minds of creditors whose claims are super- seded by some instrument of peculiar character, produced at a period of crisis, by which all the assets of their debtor are secured to a near relative. («.-) ((') Iticliarih v. James, L. R. 2 Q. B. 285. (»■) Boyd, C, ill /y„»/,s V. liohiiuon, 15 O. R. p. (lil. 4 80 CONDITIONAL SALES ACT. Prior to coming into force of this statute, a transaction aimed at by this legislation would be perfectly good as against the parties designated now to be protected, pro- vided there was an absence of fraud, fraud vitiating all things. Now one of two things is required. (i) The name and address of the manufacturer or vendor. (ii) A registration. One or other of these requisites must exist, and he who fails in both, must suffer for improperly enabling another to appear to the world as absolutely owning property which in reality belongs to another. Between the parties themselves, however, that is, between the bailor and bailee, or the manufacturer or vendor and vendee, no injury can result from a noncompliance with the statutory requirements : therefore, so far as they are concerned, and all claiming under them, their administrators or representatives, or as against any other title inferior to that of the immediate parties, except a subsequent pur- chaser or mortgagee as above indicated, a conditional sale where the possession changes but not the ownership, is valid without compliance with the statute, (x) It is valid without such compliance as against the credi- tors of the conditional vendee or bailee, for no where does it appear that the creditors of the vendee or bailee are intended to be protected. An execution creditor can have no better or higher right against the goods of his debtor, ^^x) Eobimon v. McDonald. 2 B. & A. 134 : Broughton v. Broughton, 1 At. K. SECTION ONE. 81 exlt'tlnf 17 '™"^'' ''^"^' '' '''' ^^'^*-- 1^-^ - right, Zhtiir ''°'''''''"' *'' "'""*°^' ^^" acquire no As regards tbe two classes of persons above mentioned however, the instrument as to them can only be macl ff c ' tual by pamting. printing, or engraving the name oU J manufacturer or vendor on the article 'old, or by filing instrument m accordance with the statute. (.) ^ In this section the words " nood fiitb" „,.« • . , r^irmgth. a purchase, or n.^;::^ fTi?h t \uf T n "^'' '' not inconsistent with good aith, ,a) but where collusion exists with the vendee or bailee to cheat the manufacturer or vendor the ml wiy 101 mantles have been omitted., (/j) lecige 01 tl,e existence of a /,„„„ /Me transaction, a pnrcliaser (•j) Section 6, post. (a) ^'t(je \\ Broivninn, 51 m 017. i.^n i (^) ^W/.,- V. Paioe 'g 111 58 r ''''''"''' J" '^'^'^""•^' ^3 HI. 538. V. Moore, 32 N. H 382 ' ^""'"'^ ^- -^'''J'- ^0 N. H. 1400 : Pattern {c) J^dn-ards V. Ennlish 7F. ^R eiri ir oOO : J/o^iu V. Co«/I/ i) Patten v. Moore, 32 N. H. 382 : Cummitip.i v. Tnnley, 39 Iowa 195 : Kessfy v. Mcllenry, 54 Iowa 187. (1) McXiyht v. Gordon, 13 Eich. (S. C.) Eq. 222. (J) McXitjht V. Gordon, supra. KKCTION ONE. 33 tenant as so much payment of his rent or bv n.mU ■ pursuance of arrangement and if th.Z I ^P"^'^'^^^^ m eompHed with the riJhlTl! '''*"*' ^'''' "«* ^^^^n within ti: Act^ : w ;L\Tu :i \'^ "^'' ^ ^^"^•^'^--• • without notice ^urchlse te' Is n^ rr^'^.f ""^"*' ^"^ :^t a baih-r,s sale, institute^l ^ ims twaVo'f'rT^"^ in order to secure his rent • f/n. • ^ ^ °^ "^''^'^'^ ^::;rt^::.r^^^^ A-n order r::;:t;:i-r:K^^ the law now is that a landL 'hall no 7 f 7' '' '"* on the goods and chattels tie ^eX if aTv ""^ except the tenant or person who Ti , , ^ ^ P'''°"' although the same are found on th, f "'' '"^'' Hlteration in the lawdoernnf f^^'^^^' ^"0 but such any goods or Itt X I to l^Z^:?/^^^ ^^^ -"* I-chasesuchasisaimedlttttir^^^^^^^^^^^ 1887, cap. 143, sec. 28, enacts as follows : - "abi. for the rent, although th'^rir T""* °'" P"'^''" ^^'"^ '■'' tins rcstricMon shall not apply, Zl of "" "" ""^ ^""''•"'^^^ ' "ut o^ by virtue of an execu io a a nT , e I'T' '^'""''^' ^'"'^ ""^ person whose title is derived hi Z\ ' °'' '" ^'^^""^ °^ "^"V trom the tenant, whether bohL'orint.t' 'r"^'"'' "^ '^^^'^^-^^'^ otherwise, nor to goods on J^Zi^^^TC ' "'" "' '"-tgageor under a contract for purchase or Z .T" P°««e««'0" of the tenant owner thereof upon p!rforrance ,^an \.^^ *° '-°°"^<' »•>« ;.eeu exchanged ^be.w'een~;ralT;:;r^^^^^^^ InnnS from the otlier for the purpose of 1^7.^ ""'""'°'^'"« ""^ !!;' ;!":''''"'''^'- ^- 'l^'^^o^aW, 43 U. C. R. 233. (/) Ori/A,i V. McKenzie, 40 U. C E 93 HR.S. 0,1887, cap. 143, sec. 28' '" B. C. A.— 3 i ^1 ^ot say " vaU,U„r™„'„:"''T'"f'" mortgagee,. It Joes gagees." (s) ^ ^ '^°^'"^^ subsequent mort- is *t,i:2 r'eT i: "- r- " """"-■ ^e occupy the same g 2t L^alT T' "" '="""»" '» tlie existence of ^ood a^l^^ ^-T'" ""' "' """"O. .ages possessed b^'^p^ t^ u^Llt::"""^^ '"•™- vendte of': ZST^T "h""« ''^'"-" ">e vendor and consideration "ut tbe° ™ ." ""■^''' ""^' ''^ " ""-^ -aii-i: ~rrz r:^.ir a vaiu bie eonJlr-- Ltlrr '^^ -' ti.ai tr a Tn^ :r ' "°"^^' - -^ -™" ^<" benefit to the !"'„,; °"'""'^''' '" "' =°™ <""er 0. to a third pe n bHh leuf t7'" ''°™™' '"«'"- 1 oy me Act of the promisee. («,) Or ('/) r,Wey V. Cmib, 4 O. R tj9(j W R. S. O. 1887, cap. 125. Wi>«Co«r«yv.6W;,,v.21N. J.En.357 80 CONDITIONAL SALES ACT. any loss, trouble, detriment or inconvenience to, or charge- or liability upon the proniisoe, however Hlight, for the sake or at the instance of the promisor, thoui,'li without any benelit to the pr'>nii8or. (c) Or ihe suspension or for- bearance of legal proceedings, the prevention of litigation or the settlement of disputes. (15) See ante foot note (4), p. 5. (16) It must be noticed that the time when the chattel must have the name and address of the manufacturer, bailor or vendor of the same painted, etc., thereon, or otherwise plainly attached thereto, is the time when pos- session is given to the bailee. Now, the important time to have ^he name upon the chattel is certainly as much later on, than just at this particular period. If the statute stopped at requiring the name to be painted, printed, stamped or engraved, it might have i''>iproved the section ; but when the alternative is given of plainly attaching the name, this the manufacturer, etc., may well do, thereby complying with the Act, and within a week, the object of the statute be defeated by th name becoming detached. Once detached one means of notice and, if employed, 'he only means of notice which need be adopted, is destroyed, and the public by a statutory trap exposed to the very danger the statute is designed to guard against. In answer to the claim of a subsequent purchaser the answer of the manufacturer would be that he complied with the statute, by plainly attaching his name to the chattel, and that he was not at fault if the name became detached. Yet it may be reasonably supposed that by attaching the name to the article is meant as permanent a method as fixing the name upon the article itself, and if anything less than the latter is done it is not sufficient. How much better it would be to omit this method of publication, giving no (u) Shirbygn v. Albatiy, Cro. Eliz. 67: March v. Culpepper, Cro. Car. 71. HRflTION ONM. 37 nlternativo. l.ut requiring Hin„.I.. v.^Urailnn. Ten d'-vs o.n the c.xecnt,on of my iu.tnnu.ut un.l.r th i 1 1 tli'>iij,'li the statute "J •••"i/i HUM allowud tor re^MHtration. (M ||, ,,„.,, insists that when th. na .u in . , ' '"' '*"*"^' the instrument, it n.:r:.:'::'i:'';/;;:t:;;t^^ ess.on . gu-en to the bailee ; ,„t. if it ,.„ ,,,, «« ,"/" (17) See preceding note and ,int,> ijoto (8) and (9). (18) See ante note (12), (13) and (14). (19) See ante note (12), (lU) and (M). igee , etc., the transa,=tion ho reduced to writing. Should -.e art.c e sold contan. the nan., of th. vendor, a' renu red by the statute, then there renntins no le.al neee sUv fo rog.s,rat.on under section G. ;..,. ,,„t none the less the mtnsaction .nnst he reduced to writing: and, tho g se tion 6 suhst.tutes an alternativo for the present Luse jvhen he present clause is not con.ph'ed ^mTov' orm the a ternative this clause nu.st he observe so far a^ least as reducing the tern.s of tho baihnent to\.'itin. .nJvrd"liu!o"''l"V"';'",'"'''^" J"'''"^^"'- l-'"ted, en- ^a^ed. lithographed and otherwise tra.ced or copied. («■) ^o specified or particular form of writing is req.Ur d and though the instrument he far from technical i^^f rm :et It from its entirety, it can be gathered tha the possession of the chattel is passed frmn one o oth ^hlIe the ownership is to remain in tho bailor untirpaTd ('•) Section 6, pont. («>) R. S. O. 1887, cap. 1, sec. 8, Bub-seo. 14. Hf* 88 conditionaij hai.kh a( r It Herd not bo witucsHcd, for the Kl;itiito does not say HI), and if wilnosHod, it need not bo iittcstod. i.c) It often liiiH been tlie pmctico in h(!llin;,Mui article for tlic vendor to take ii note thorefor, ami in tbe niarf^in of tbo note to bavo printed words to tlie elffct '• tliat the titlo in tile property tVa- wbicb thin noto is c,'iven shall not pass until the noto bu paid." It is (jnostionablo if such a writing' would be suflicient, because the statute requires the writin;,' to bo sif^nied ])y the vendee, and the signature to the note nii^'ht be said not to be a signature to thi.j marginal memoraiKhnn. (21) Signing consists in the subscri))tion by oneliiniself of his name in writing, or by his agent. So long as tlie sig- nature is that of the bailee, it matters not on what portion of the instrument it api)eavs, so long as it can be identified therewith and proved to be appropriated by the i)arty to the recognition of the contract. (//) In fact, an instrument under the Act beginning I, A. B., agree, etc., etc., has been held to be a sufficient signing, provided the instrument be in the hand-writing of the person sought to be charged, (,-) and the word " signed" before the bailee's name raises no presumption that the documeiit is not an original, (a) If a man cannot write, ho niay make his mark, (b) In fact it has been intimated that a mark was a good signature, even if the party signing was able to write his name, (c) The signature is also good, when tl'u pen is guided by an Ix) Armstroihi v. Auimmi, 11 U. C. Q. B. 4!»8: see Union v. Whit,- 2 Rob- ertson i)17, wherein it appears tliat the word "attcHtatiou" means "b:>inL' present and seeinfj; the execution." (!/) IlHut V. Admi,.^, r, Mass. ;{.V.» : Chixon v. liaileii, 11 Johns 484 : Schmidt V. Srhmui'ltei; 45 Mo. o0'2. («) Tai/lor V. Dobbins, 1 Stniniie S'M: Saunderi^on v. Jaclmm 2 Boa and P. 238: Chitty, Jr., on Bills 10. (a) Becker v. Woods, 10, C". P. 20. (/') George v. Surrey, 1 M. & M. r)lfi : E. C. L. R. vol. 22. (c) Baker v. Denning, 8 Ad. ct E. 94 : see Harrison v. Klving. 3 Q. B. HKI!T|()N ONK. H9 ~:r;r;;;:i;M;:,;;;: '— --...ue , nonce undscMiritv Init if in , ' ' ■/ ^'* ^''""'•^• -tinvtaecount/':. ;;':;;•; '^rr""'"^^^«^^ when the kw .v.juhvs , (r "'"'^^ ^".'■."'>''"^' *'"'^ o^;:;ir::;:i^i;l--l:;,;;::;f:-^ name c„„„„, '■ L ,' "'"";':'"• ^' '» »"''' '^'-e «« least tiio BiuDn. I, ™'' ""' ''" """e"' ^'' imve been 3. „ b " .l:;;:';:".";- , ■"•' ™««'- "-ever, e'««on V. Dickemo,,, 2 I'hil Hit. ^I'lpworth, 1 Phil. 53 : O/c/t. 6 Hill, 448. •^'' '< H. 2H(,: /y,„„„ ,. fi,,,,.;„,,.^ ^^^^^.^ ^7^- ""• ^*'' • ' "'""-'• V. Stephens, 1 Denio, (/') Benjamin on Sales, 4th Am. i„l. m i25;^p: s-:,.t t-i ^rt'T^ A?'s v-r' ^ «• ^ «. l. P- 1'14, ed. 18(J2. « 1^. 1. (N.i,.) 4dd: Leyden's Vendor and 40 CONDITIONAL SALES ACT. occasioned when seeking to establish the writing as the signature of the party sought to be charged. Whatever is written or marked must be with the intention of denoting a signature. ( j) Therefore a description of a person is nol a signature, as, e.,7., where one subscribes a letter to a relative with the relationship of the writer as your affec- tionate mother without more, (k) (22) The Act gives no information as tc how the agent is to be appointed. The appointment therefore may be a a verbal one, or it may be by subsequent ratification, as well as by antecedent delegation of authority, (l) but when it is by subsequent ratification, the principal must be in existence at the time of the making of the contract, because when no principal is in existence at the date of the con- tract, there can be no contract so far as he is concerned, and in such a case the agent is personally liable, (in) The authority to the agent may be an express authority. If it is authority to execute a document under seal, then the authority must be under seal. An instrument under this Act is not required to be under seal, hence there need not be any seal to the agent's authority. In fact it need not be even in writing, and if it be in writing no particular form of writing is necessary. There may be an implied authority. If a principal stands by and concurs expressly or tacitly in the act of the agent he is bound by it. Implied authority, then, can arise in many ways. It can arise in the course of business or from employment, or from repeated recognitions by the principal of the agent's authority. U) Hubert v. Moreau, 2 G. & P. 12 Moore C. P. 21(5, (k) Selby v. Selby, 3 Mer. 2. (0 Maclean v. Dunn, 4 Bin«. 722 : Go.ibell v. Arclwr, 2 Ad. & E. fjOO. o ^"''J'V-"-''' "'• ■^"•''"■' ^- ^- 2 C. P. ]74: ,SVo^^ V. Lord Kbunj, L. R. ii SECTION TWO. 41 ot the mental power or discretion to consent (T ''Z this agency is a mere ministerial office infnnf = V P«yme,il ot sncli r.iiioiinl or I,>1.„™ , "'"■"•'•■ "'■'l «>« term, ot ..ipe„di.r, o,. „„,i„ „,.„i.i,,.„ orZt fee ot'arr'"'"".''"'''''' ■' son convicted nnder tlii« An^ i n , Justices of the peace. Any per- •>..dee .s.,„e. :;, ',, «L„ ;; "*™ "■• """'•> '"f- '■> ">« oo«...,. as |,ermMve. („) '"''^' "'""l' « constn,e.l tlm-e 13 „„ue .„ fi.0.1, W1.U the ap,.,iea.io,f isttl-bau't !"! ,°,";i'' °" "'SO"""' iMlrumento. 229. .)a„ltyo„Bill.,13.i,A,„,ed. [28]30 (/^) Section ,S, ;ws/ cap. 1, sec. 8, sub-sec. 2. 42 CONDITIO^'AL SALKS ACT. and there is nothing to prevent the application being by word of mouth. A verbal appUcation is, however, a highlV objectionable course to adopt, not because there is any provision against such being done, but because such "a practice opens the door to much uncertainty of fact, and possible miscarriage of justice, in the event of an action being taken on an alleged refusal of a verbal application. When made by letter the following is suggested as a form. To of Sin, I (iKimc in full) am a proposed pnrcluiser of (or) interested in the following' manufactured cliattel, namely : {linr (tcscril),- tin- miiif) now in the possession of {(/in' the wuiu; and description in full of the pcr-fon in whose possession the chattel is). I request full information respecting the amount due, or the balance due or unpaid to you, if anything,', on said manufactured cliattel, and the terms of payment of such amount or balance. My name is {here ijire name in full) and my post oflice address to which a reply nay be sent is {here ijive name of post office). Dated at this day of A.D. 188 {Signature oj applicant ) (4) It is not everyone who is entitled to the information required to be given by the manufacturer, bailor, or vendor. Only a proposed purchaser or other interested person iu the chattel can compel the manufacturer, bailor, or vendor to furnish the information. A proposed mortgagee is a proposed purchaser ^jro tanta, therefore he comes within the statute; but it is more diffi- cult perhaps to determine the extent of the meaning to be given to the words, " or other interested person." Do these ivords mean a future as well as a present interest '? Their use is in the present tense, while the reference to a purchaser is in the future, and a legislative distinction may have been intended. SECTION TWO. 43 The Bill of Sale and Chattel .Vort^a^o Act (^ wonls to cloarlv indicate an intended inLfest A I ""' contemplating "ivin- credit fn th i ,^^- ^ P"«on e.;«tte, „„, n„t"a prJ.^Lt "t ! et. "Lr'S' "' ■' I'llity Of credit bein" given and tu T *^^' P°««'- being acquired, is t^. ^ L ^ ^sh '^^ ''''''''' tl.o character of an ''iuteresL pe^'t " ^^ ^"'"°'^ '" ventured that even a creditor who h . '''"'""" ^'^ Hghtto proceed against::;; tVwiutrihrV'" included in the term "interested person 'Of ^T of ./«../..«.,...,./. the words "orrtier inf ^" "l^ i^'-^^^^P'^ aJmiiiislrators or olliev lijl ""■"' "-"^e"""", to whom the ;„ exCn T"™"™'""™ °f ""ch pe,-,,ou case 0, ai.;,trr,L"„'„ ' ir i;r ;;^ '» '-^■- '^ i» (t) R. S. O. cap. 123, sec. 4. ^ii- D. !»2. -^ ' *"• ^' '-'■ ''*" ■■ Mnnton v. Tdhols. L R 'JQ WK.S0.1887.cap.l,sec.8.s„b.sec.l3. V) McLean v. Pinlcertoii, 7 A. R, 492. ^4 CONDITIONAL SALES ACT. terea letter, deposited in the post office, (//) thus more than five days may elapse before the information is received, and yet the Act l)e complied with. Sunday counts as one day, whether it intervenes, or be the first or last day of the five. When by statute a certain number of days is given for doing an act, the last of which happens to fall on a Sunday, that day is in such cases included in the time given, and the party has no further time within which to do the act, unless the statute expressly provide, which this statute does not, that it may be done on the day following. (//) When necessary to carry out the ends of justice, the Court will divide a day, or even an hour, and thus give the party equitably entitled thereto the benefit of every moment of time, {i) but in determining the operation of a statute the fraction of a day is not taken into consideration. (./) (6) The statute suggests a course which should be adopted in furnishing the information asked for. (/.•) This ■course should in all cases be followed, not that any other, even one by word of mouth, is illegal, but because in any other than that suggested by the statute the duty, possibly a difficult one, of proving that the information was given, w uld rest upon the manufacturer, vendor, or bailor, whereas the information is presumed to iiave been received by the person applying for it, if the statutory course is proved to have been followed. The following is suggested as a simple and sufficient form to be used m supplying the information demanded. (,'/) Section ii, ;)o.s(. (/() McLean v. Pinkerton, 7 A. R. 190 : (Hhaon r, MtchaeVs Bay Lumber Co., 7 O. R. 74(J ; In re Parke, 13 L. R. Chy. Ir. 85. ((■) Beckinan v. JarvU, a Q. B. 280. (j) Mitchell v.Dobnon, 3 L. J. 185. (k) See sec. 3, infra. SECTION TWO. 45 Sir, To of ( the name an,, .est office aMre.s ,,n-eu ,nj the penon en.uirnu,) Th.s statement is n>ailed to you at tl,e above address and registered Dated thi8 day of ^^' in the (Siiinature of manufacturer, or vendor, or bailor). (7) The refusal or neglect is the refusal or neglect of the m nufacturer. bailor, or vendor, to .ho. application t made. i\o provision is made in case the application is to a person in the employ, or the agent, of thV manufac u ei bailor or vendor. The application then must be brou4 home to the knowledge of the manufacturer, etc.. befor the proceedings consequent upon a refusal or neglect can be fnrn,- !\'' ""l^j^^' information asked for that must be furn shed, and then not beyond that which the statute mentions Should the application confine the information wante within the scope of information compellable ^mder the statute, then the manufacturer cannot be proceeded '^^l.^i::^^''^'''^' ''- ''' information^rovid::! adL't'ft '""l^" " ^';*''^" '"' "'^^ ""^'"''^^^ " ^^^ been added after the word " for " in the seventh line of this ection a doubt would not arise, which may now arise as to whether the manufacturer renders himsdf liable to 1^ penalty mentioned when he omits to furnish the info mation until after the expiration of the period of five day. 46 CONniTIONAL SALES ACT. (9) For proceedings on appeal see Rev. Stat. 0. (1887) cap. 75, p. 802. 3. Tlie person (1) so cnqiiiriiih' (it by letter) shall sive a name and jiost oflice address to which a reply may bo sent (2) and it shall be sufficient if the information aforesaid be given by registered letter deposited in the post office (8) witliiii tlie said live days (1) addressed to the person enquiring at his proper post office address, (h) or where a name and address is given as aforesaid, addressed to such person by the name and at the post office so given. (0) (1) The person so enquiring must be a proposed pur- chaser or other person interested in the chattel, (a) (2) It seems to be imperative on the person applying to give a name and post office address to which a reply may be sent, and yet the duty does not seem to be a condition precedent to a reply being sent, because provision is made by this section for sending the reply to the person enquir- ing at his j)roper address, or to the written address when (jiven, which latter address may not be the proper address of the person enquiring, {h) When an address is given the information must be sent to that address ; if none is given then to his proper address. (8) If the letter is deposited in the post office it is not necessary to prove that it was received. Any loss or mis- carriage will not prejudice the sender, (c) The statute per- mits and justifies mailing the information, which, in effect, is the same as if (he enquirer gave instructions so to send the information {d). The letter should be posted at the general post office, or at an authorized receiving house, {e) (a) Ante sec. 2, foot note 4. (b) See Eastern Bank v, Brown, 17 Me. 336 : Crowley v. Barry, 4 Gill. 194 ; Bell v, Hagerstown Bank, 7 Gill. 21G : Barmester v. Barron, 17 Q. B. 828. (c) Warwick v Noakes, Peake N. P. G7 : Parker v. Gordon, 7 East 385 • Dobree v. Eastwood, 3 C. & P. 250 ; Stocken v. Collen,TM.. & W. 515. {d) Nat. Bank of Belh-fonte v. McManiglc, G9 Penn St. 156. (e) Haivkiits v. Butt, Peake's N. P. C. 186. SECTION THUEE. 47 Delivery to a mail-camer is not rafficienl. ( /'. The „o.t begin to run nntii tbe a,';:;- att is J I i™* eTZ' excluded ihlT u '"'""'^ ^^^' "^«" "^at day is excluded, the time beg.nning to run on the third day, wiLh (0 Hawkins v Itutt, supra ^'<.»», 2 Camp. 020 : AvT: P/i', ' us ?T ',°> A general address will hardly be sufficient, especially when the information is intended for one at a large place, for example '* Mr. Jones, Toronto," is a direction more likely than otherwise not to reach the person for whom^ it is intended, (q) but, if the first name were prefixed, it might be sufticient. (/•) Should there be two places of delivery in one town, an address to the tow^n itself will be sufficient, unless it be known at the time to the sender of the letter at which of the two post offices the party (w) See ante section 2, foot note (5). («) Faiiiien liuiik v. (iurneU, 2(j Grat. 137 : Brexsanl v. Leveriiia n Wheat. 102. fo) Bank of Columbia \. Lairrcitce, 1 Pet. 582: Bn., en "''"" ''^ ^^y"t'5>tc(l by a member ot the House of Commons or Legislative Assembly it will b su hcien to sen.l the reply to the applicant addLsed a th place where the bodies are in session. (,.) but this rute will only apply during the period of session. thZToT"''] ,'' ',''"^ '' ''''''' *''^ information to the post 01 ice and by tlie name given. The statute then stands between the person applied to and the j, Cn 'Wly.ng and the former runs no risk. It , afwav ra. 59 = ^furr iy) i:astern Bank v. B, R.O.A.— 4 •()» ■".17 Me. 356: C/w/.y v. iJ«m/, 4 Gill 194. 60 CONDITIONAL SAM'.S ACT. i.i 4. If any iiiannfacturor, l)ailor or vendor (1) of siuli olialtol or chattels (2) or liin HiuioeMsor in inture>'t (H) wlic-re tliere Ikis Ikiu ii con. ditioiiiil Kale or proniiao of sale, (4) take jioHHession tliereof for brcacli of condition, (")) he shall retain the name for twenty days, (ti) and the bailee or hit) siiccuBsor in intei'eHt may redfrm the same within Mueh period (7) on payment of the full amount then in arrear, to^jetijcr with interest and tho actual ostw and 'jxpenses of talvinj,' jiosHeasion which liavo b'jon incurred. (8) (1) The miiiuifactiii'or, bailor, or vendor are those inen- tionod in section one. It is not imlispensaljle tliat the article conditionally sold or promised to be sold, should bdon.u; to the owner. It i;iiglit be sold by third party with tho owner's consent. (2) See rt/ s(;t.','.()n one, note (4). (3) Any one who acquires tho entire interest of the manufacturer, bailor or vendor, becomes the successor in interest of such manufacturer, bailor and vendor A mortgagee of the chattel succeeds tho bailor in interest, (a) In such a case the bailee might properly decline to give up the chattel to the bailor, because to do otherwise would render the bailee liable to an action, {h) (4) Unless there has been a conditional sale or a promise of sale, this section has no application. The writer ven- tures the suggestion that the term conditional sale is not appropriately used here or throughout the statute. A conditional sale, strictly speaking, appears to be a sale with iMVht of r«-purchase in the vendor. This statute is intended lo meet the case of a sale with right of purchase in the vcn.li'-, Tm tho one case the sale is made with riglit of re-purchase in the vendor : in the other case the sale is not yet really made, but the right of purchase is 'a tlie vendee. In the one case the property passes ; in the other (a) F.rerest v. Hale, 07 Me. 497. (b) Kiiropciin und Awitrdlinn lioi/nl Mail Co. v. liuyal Mail Steam Packet Co., 8 Jur. N. S. 13G: 30 L. J. C. P. 247. f'lOCTION Foi II. the po o( sal ssession .,iily pa.sseH. (hh) A 51 in til If, or (111 llLjl-eOllKlIlt to H(.|| e cjiHe of ,S7, was as fojiowj. Jieetivcd from \V, piano, No. (is,-, I •ri'iindii V. A'/ " '"Hiaiu.nofa promise "'"'" " '•"".litiou, is found '■''. ''•) wlicro tl '<' nyrccnient Nvood iiinnti n'V A ( '""i""'y (I Hfvcii oct I. payable in ,u\ ^•^00, wliifli sum I iiiHtrumcnt U-iu^^ .lostrov,.! "" linv for fill vaiicc, (I HV(! roso- '(■(' ii-nc t "■ «"i'l piii'io hei inoiifliH, at .$(; per " piiy lu t "f,' valued at "' ''Vent, of til, said A\'el,er i^- (j Y'"'- "U'"'".l. or Mot, returned I ord ('I', reasonable wea "• •"! (U'luaud, inn- o) pnrtdiasG tl U! H ow.s foil and t to bo aid 1" excepted, (t i <'X|M'nHo, in H a ■ said o the goo( -Tl puuio for tile Huin of .s;)( n'-o promissory notew, pay,,,!,; ^'•••■ed that r may vventy.fonr months from tho'dat. PHi.l within the said time wit! "'. payable as in ■•lie, twelve '"■>••'"'■. The whole -^>t. per annum iVom dat J.;: .h, 'T^ "\ T' i'^' «a.d purchase money be paid ( ' '''"'''^' "' ''"■ ti'Mu-operty of the Ld W ttr' rr'' r'''' "^ m default of the punctual v ?' "'" ''^ '"^^- ^"^' tl- said purchase mm -0 oh ■ "'^ "'^''^''"-^' '^^ advance, the said Weber' I - ' "'"' """'^'''^' ^'''■"^'^' "' tlie said jiiano without anv ..'' •"'•^' r'''"'" l'"''^«*''^«i"'^ -1 p-t of the purchas:ir^ ,cz; tr''"'' • ;''''"'^'' ^ "1- notes given bv me nn " ""'" l"'"'- "^' ^ »ote -'•-le ling iirr:::;: ::;;;;;' ^'-"^^^^^^^ e«.sential to it. JJut in tU. event ^T"-"'' '^'^'"" •so returned to the said Weber ^ •' """^ I'"^"« «^^ing -a received on ..eou.u ,/l^';\;'' «•'''•' '-'-^ -^ the amount due for renf nn,] ' ^ "'"""" '"""*:v beyond '-•--'--.I ...:.::;;;;,:;■:,:; ■:;:::; "■■■■■«' -'^'- \Vitness, ) .o- W 24 U. C, C. r.21,5. 52 CONDITIONAIi HALEB ACT. Another instance is founil in Scirhall v. Kingithurif, (iJ) where a mowing machino was a;,'reotl to ho sohl, the price therefor h»iii>^ paid in iiistahnnitH, hut the machine was not to heeomo the property of the vendee until paid for. Another instance was in lldirlninl v. Johnmn, {v) where a sewiu"^ macliino was agreed to he sold ; another in [jdllimi V. Stiiuncr, ( /■) where a piano was so soUl ; and other instances in tlio following several cases : Sinricr Siuriiin Co. V. Trcadicdji, ((j) Hoirr Muchiiir Co. v. Willi<', (h) I'lrntnn v. Whitui'!/, (»■) Johnson v. Uliitti'morc, ( /') Ilinc v. Rnhcvts, (/.) Th'ml Xotiiniiil liitnk of Si/nuim' v. A 'utromj, (I) Min- neapolis, etc. (■<>. V. Jlitlhj, iin) Ketehiiin V. Bn,in(in.(n\ And again another instance in the case of Wliehtn v. Coiieh, (()) wherein the agreement was in the following words : — " This agreement made this thirty-first day of August, 187-1, hetween .John Whelan of Toronto, saloon-keeper, and Josiah Thomas Couch, of the same place, saloon-keeper. The said Whelan hath agreed to sell, and the said Couch to purchase the right to use the fixtures of howling alley in and pertaining to the premises in rear of numher sixty-six, on the west side of Jarvis street, in the city of Toronto, as now used hy the said AVhelan, and access to use the same thereto from Jarvis street, together with the heds, halls and pins only (as the other fixtures and fittings do not per- tain to the hargain), for the sum of ten hundred and seventy-eight dollars in gold, payahle three hundred and fifty ( • and the further sum in ...j.uil payments of nine dolhirs per .nonth (the first of su.-h [.aynients of nine dollars to be made on the first day of February, 1875). on the first days of each and every u.ot.f h after the said first day of J muarv aB aforesaid untd i\ lu.i balan..,, of said purohase money fihall have been ;.ai.l in f.ll without interest. The said •Couch to have p-.HN-ssion ..the first day of September next but on y as n- i;,. n; -urc of one subservient to said Hhelan, and he is ., , in h„ve any other right or title to the place, nor is this agreement inf.iukd to be complete nor to operate in favour of said Couch until the xvliole of the saul payments havo been made, when this right or title shall be considered (.^mplete. And in case of default in the after payments, us abov... or any of them, all matters here- under are sui)poK,.d and considered to fall through, and rao)ieys paid henMuider to bo forfeited to said Wholan It IS further agreed tbu|, naid Couch is to keep the place orderly, ,,uiet. decent and peaceable, and well cleaned, and to close the plac.^ at twlve o'clock each night, and open at SIX clock ea.'h morning. He shall also keep the place open, m good running order, each and every lawful day and mght, and i-roporly managed and looked after, and make it as productive as possible. "The players at each alley to have the privilege of playing three balls for the benefit of the house. ''The place an.l things pertaining to said alleys passing •by this agreement to bo insured. ''The said Couch shall conduct no other business upon :said premises. Time to bo of the essence of this agreement. !|| 54 eoNPiTioNAi, s.\ij;s ,\tr. "The said l)e(ls, Ijiills juid puis tire not to bo removed t'foiu said premises until puid for in fnll. " As witness our hands and seals this thirtv-lirst day of August, 1871. John A\'(ii:lax. [L. S.] J. T. C'oicu, Ji!." ;L. S.] {'>) Upon l)reaeli of condition, the veiulor may at onco take possession of the chattels, and, so far as the legal rights of the parties are concerned without reference to this statute, he may henceforth treat the chattels abni- lutely as his own, regardless of the contract under which they were agreed to he sold, ile may sell them or give them away ; squander them or destroy them, (p) This statute apjjears only to contemplate the case of possession being takeii as a breach on condition. It does not, in express terms, interfere with the common hiw right to take possession at any time, even beiore breach of con- dition, when by the contract the vendor retains in himself the ownership, and does not provide for possession being had by the vendee until default or condition broken. If the contract do not contain a clause giving th(.' vendee the right to possession until default, or until condition broken, then possession taken at any time uwdei sacli a contract, provided it retaui the owncrshi}) i:i tli'' vendor, i^a posses- biou which the vendor had a right to acquire without reference to iho vendee, and would el^ect the same result, as if the taking of possession had resulted from the act of the vendee, (q) (p) Joiiea on Ch. Mtge., Slid Ed. p. 1. Pale v. Parml,->/, IH How. (N Y.k Pr. =45 : 34 N. Y., S. C. 398 : Tiwipldns v. Uatie 11 Neb. 117, 151. (q) Smith v. Fair, 11 A. R. 763. SECTION rori!. 55 _ Possession follows tlie property, is the rule of law The nsht of possessio.i is an incident to the ri<,ht of property The property being in the vendor, the right to possession is in Inm too, provided the contract does not otherwise pro- vide and therefore the vendor may assume possession at any timo.(/-) _ Tins rule of law. however, may he relaxed where an implication arises that possession wa. unciuestionably intended to remain with the vendee, (s) Such a.i implication may arise in all those instanc, s ulicreintheahsoluteuseand possession of the chattel is "ulispensahle to the performance hy ihe vendee of his '•ovenants m regard thereto ; (0 hut it does not appear that the simple reservation of the right to the vendor to enter and ake possession upon default in payment and sell to satisiy ns claim, will override the general rule of law as above stated. (») This feature of the law is only important, in regard to the present aub.jeet, if it be found that the statute, bvprovidinc. for a course to be pursued when possession is^ taken for breach of condition, does not by implication or otherwise modify the common law doctrine, as to taking possessio' above referred to. The view is taken that the statute does not provide against such a taking possession, and the anti- cipation IS indulged, that the manufacturer, seeking to evade he trouble to them of compliance with the statute .vilUcUipnn then- common law right whenever it is possible (t) fiahcock V. ytcF.irland, 43 111. 381. ^" (u) Ferguson v. TUoma., 20 Me. 4 first and the last ^,U n- chattels vou ave at lihertv ^o do.o at any time within twenty days after ^ho day of (tho 4. (b) ZoHch v. Demp^-ei/, 4 B. & Aid. 522. (<■) Littledale .7., AV,,/,,,, v. Jus-ti(W of Shrop.^hire, 8 Ad. & Ell 17S • <,pp jiachciuu, .ij C. i . lU; Hans v. Johnston, S O. K. 100. 60 CONDITIONAL SALES ACT. amount in arrea.- on such conditional sale togethrr witn interest and actual coHts and exj>c'n3es of takinj^' posaossion which have oc/n incurred. Dated thi8 day of is (7) It must not be inferre-i from tho words of the statute that the soods must be s s^i. but oul>, if sold, then a certain notice of ti;. intendt.;] sale must be ^'ven. The bailee is given twenty days from th.; takii^g possession by the boilor within whi'-;x to redeem, a -irrht, he cannot deprive himself of, so that the bailee cannot be Leard to complain at a sale i^eing made after the timo of redemption has oiapsed without the right of redemption bein^ exercised. (;•;; The notice should be. not only of the intended sale, but ol aie intended place of sale, for, without the latter, a notice could hardly be said to be a noti ••• of an intended sale. (9) See ante page 46, note (3). (10) There are three dift'erent means of effecting service. (i) Personal service, which of course is the safest and surest, and therefore the best method to be adopted. (ii) Service by mail ; that is, by depositing in the post office, a registered letter containing the notice, addressed to the bailee at his last known post office address in €anada. (iii) Service at the bailee's residence or last known place of abode in Ontario, (11) Personal service is only dispensed with in the event of absence of the bailee, etc., that is absence from his residence or last known place of abode in Ontario, {d) Absence of the bailee from the place wherer He is described in the instrument is not necessarily absem m\ his resi- (d) See .T.'a • V. Corporation of Vienna, 10 y. 9' SECTION FIVE. 61 dence, because the description in the instrument, at most, is but inima facie evidence of the residence of the bailee, (e) Thou{,'h personal service can be effected, such does not appear to be compulsory, when the alternative method of service by mail is adopted. But if tlie post is made the means of service, strict care must i)e exercised in comply- ing with the statute. The letter must be addressed to the last known post office address of tbe bailee in Canada. If the bailee is known to have left, and to be residing out of Canada a notice addressed to his last known address in Canada, would scarcely be deemed sufticient. In such a case it would be advisable to leave the notice at the bailee's last known place of abode in Ontario. Tbe letter must be registered and it must be deposited in the post office at least seven days before tbe last day of the five previously mentioned (,/') would expire. Thus if the five days would elapse on the 20th of the month, tbe notice must be mailed and registered on or before the 13th of the same month. Uj) It is not safe to conclude that a man's residence is at the place whereat his family reside. Nor is it conclusive as to a man's residence to fix it of the place whereat his family reside. (//) There may be a constructive residence, as well as actual residence. Absence of the bailee from his con- structive residence would not entitle the bailor to dispense with personal service. (/) A person may have more than one residence. If he has houses in different places at each of which he keeps an establishment each may be called his residence though he may not go there for years, (j) (fi) Miller V. Van Norman, 13 Q. B. 461. (/) J;i-:v...,. ., ,,, ^,,, ^J^ comprise everything that cont .butes to the use and convenience of the householder, or ornaments of use („) and yet whether one regards the ordinary use language or the technicalities of the law rela ing ^o fixtures such article, as lixtures do not pass unde. the -J-d urniture " ,.) and certainly fixtures are an e s " holdei, but the intention as to fixtures decides their ,|J H <>'ri„r-^^ HKC'TION SIX, 653 cl.aractoi; (r) and ucconlinK as th. int..nl:o,. as, or tbe Hl.ecial c-n-cu.nstancoH arc, so may ilxturcvs be, or not he com,,nsecl wulun tl.o tenu " liousohohl lurniture," ./, bu as a ^e,Hn-al rule iixt.uvs arc, not con.pnse.l .thin tl.. term-'arnmuV'(./e.,. " Fix.! ,un:itur.." tbou.h , - ^OKse i.x.l, us wlu.ro .lasses av. fustonocl bv nails" and e bod. eases by scre.s, yet are not lixture; but i;u.ni. (2) For Ibiins reliiting thereto see appendix. (3) See an!,', section one, note (4), p. 5. (4) In computing the period of ten days, the first dav, or be day of execution of the instrument, is excluded, so Uiat an instrument is executed on the first day of the month he n.s rument is duly filed if iiled on or before the eleventh day of the same month, unless that day falls on a Sunday ^vhen It must be iiled on or before the Saturday p e -' vious. (J) - i The time from which the five days is to be computed IS iu, , the date of the instrument, but the date of the e...unon Ihe presumption is, that the execution was nponthe.ayo the date of the instrument, but this can •h^ rebutted The dale of a deed or instrument, generally means the tune when the deed was really made or delivered not always the day that may have been inserted in the deed' which sometimes may be an impossible day. (./,, t not take it for granted that therefore the instnuiient is void. I If is alfecte.l with rioii. e, if tlio fa(!t be, tliat the mortrrnfie was Jilml within the period ii.vud hy th(> statute, hecanse he is presumed to know the hiw, and to know that thu date of the instrument may not, aft.a- all, be the date of its execution. (/) Wlien assiTtin^' any rights umler the inortf^a^e it is incumbent on the niort^'a^ee to prove its validity as to filinrr, aiid though the statute (/), makes the clerk's certificate evidence of registration, it is only prima Jhrir so, and tlierefore evidence can be gone into, to show when the mortga-e was left in tlie clerk's offici". for at such tim. mortgages are considered as tiled, (A) (5) Upon receipt of any instrument under the Act, pre- sented to him for that purpose, the clerk shall lile the same. It has been held that tiling consists in simply handing the instrument to the proper officer; (/) l,i,t the m(>aning of the word "file," at common law, namely a thread, string. or wire, upon which writs and other exhibits in courts and offices av . fastened or fil. 1 for the more safe keeping, and ready tu.mng of the same," (m) would indicate that the present statutory use of the word was correct. The simple leaving of -■ -,. .rtgage with the clerk, Joes not necessarily constitute tiling. Should tlie clerk receive it with instruc- (/() SliitUjiJiiU'ssey V. Lciri 18(1 : Hoadley, 48 Ind. 452 (/) Stondtreaker v. Kerr, (J) FoKt, section 1(5. {k) Jones on Mortgages {/) Gralium v. Summers, i! ■ Minn, si (m) Wliart. Law Lex. 130 ^' ■ i. 8.')5; Sl.imhr-.iker v. K 'lolmiu, V. Voran, ."() hid. 358. ]• lOlh I. HKCTION HIX. 65 "•1 -tinu tl.. stjUutcs aU.,HHl ,n.tH fud.l...nM.,.,. a.e ;^^^^^^^^^^ act.„,..outravy.olnsinBtnu.tionH.a,Ml..,,o..HiM« 1.^^^^^^ th. tune of l.lu.,. or of its n.,..',,, I,v |,in,, will ^ot rlt a b. fu„. in the county where the ^^oods ar, if dilFerent from*. ^vherein the purchaser reside. Hh!:;rl ^^ dc^^ transaction will be invalid. t«) Low V. PetterqilL VI N IT -m • o., u V-W.rv. Smith, 13 U. '. 11 ''« ■ „ * » ^'"': r.' ""'"'""" K. '1'. H Vic • 'W..,7. 13 Grant 4I2 ''"•'■ v- /^"m/Z.^,, ,r. C. ,-, r.;,l , 7'. c^: 2 Co. v! (o) Town V. (iriflitli, 17 N H IC.-. • ;)-...i. „ , (/» 43 Vic. cap! 15. sec. 1 ' """ ^' '""""■• '■'' "• i" ^'^"- (7) •SVoirc V. Jy^,sr/T,., i.-, j[ j(j 6 CO I'ONDITIONAIi SALKH ACT KeKiHtrat ion, ill (•(tiupliance witli tlio Act. is lor tli purpost of notice. An instriinicnt pi opcri v rc^'ihtiTuil witliin tl ic pciiiiil of ten (liiys limited liv tlii s section. relates IxicK, operates and takes elTect ii| iroin uiid after the diiy id' its execution. i7) As the niteniative (d' liliiifr the iiist niiiu'iit itself, the statute «i;iveH the power of liliii',' a coi»y thereof. It j,'enpvally is the practice under the law relating,' to hills of sale and (dinttel inortf,'a^'es to register the instriiiuent itself, and, for the party entitled thereto, to kee[) the copy. It is suhmitted that iho hetter course is that direftted bv th entitled thereto to keep the ori^;iii!il 18 statute, namely, tc re^dster the i-opy, and for the party lis means, in (he event of the instrument beiu" ri'Miial must. By tl questioned in a court of law, tlie expense and trouble of th( otHeer atteiidin<,' to i)r(«luce the ori^dnal is avoided. To prove the execution of the instriiuient, t of course, be iiroduced, and, to do this, uiuler tlie system generally prevailing of re<;isterinn; the original, the clerk of the court, by whom it is tiled, must he subpcenaed to attend. I''ar more couveiiieiit would it be, tlieret possible litigation, involvin,!,' tl execution of an instrument, to lilt th 'ore, ill view of U' contents, construction, or a copy, as reijuired l)y is statute, retaining the original, ov to make duplicate or iginals, tiling one, and retaining the other, havi nn attached to the latter the clerks ccrtilicate. (;•) The word "copy" is used : but this does not necessarily mean " an exact copy." Where, for instance, in the copy, ! " instead of an 1 an (iardiior's name was spelt witl "o". The Act does not require the copy tiled to be an absolutely exact copy, so long as any errors or omissions 0-) luiDiKitl V. M,n;-I,,uit. L. II. :', Q. 15, !). .-).- Ni:«'TI()N HKVRN. (i7 :".;'n:;r:il;:::i;::V!;;::;ri'-''' ''■--'■•'■''-'» " ■.te»t,n„l it. u'l """"'""''' l'.v,u,y|,„«i|,ili,_,,,„„. 7. 'I'llU rl,. •!< ,,f til,., ,., ,1, t'- -H' -„i ..,u,s.. ,t t.. ..,. ,':!;;' ^'"■'' ':"''>■ ^''^'" '-' '""^ ^^ '•"• t'"^t I"-,...., ,„„l „ , . „ , ' •""' '" - "■•'•••" '""'k •" 1... la.pt «"-'« ■ liv,. ....„t. f,„. ,,„,v L '■'"''-" '"" ''"'^ '••"• -rv H„..|, -'■'"'■ '■- -. ,.,H, ,, ;,; : • '•;7-^ ""-"f. a H,.,.,... e,.ro.. .l-troy t,,.. ,.ff,.,, .I,,.,';,,, ;,,;'■ ^'"'" '"•• '"^-"'''^"- the said (ilin, or vacancy in tl,.. :;;.,/": ^;^V'' '-'•> tlmt. dum^ forme,! hviinv ,.,.. . "",' * ' '" *''"'« '^ ^■'^''<' ^hen ner- ' ''^ '■'•nmion hiw niimolv " ., n T stnn«,or wir.. up,,,, M-h writs n 1 •''"''' ' <'. I /'. .1- I. ■■■I' V. 68 CONDITIONAL SALES ACT. the clerk acting contrary to his instructions, and endorsing thereon the time of filing, or of its receipt by him, will not create a filing within the statute, {c) (3) 8ee Kiitr p. GO, note (7). 8. Tlie iiiiuuifacturer, bailor or vendor hIuiU leave a copy (a) of tlie receipt note, hire receipt, order or other instrument by which a lien on the chattel ih retained, or which provides for a conditional sale, with the bailee or conditional vendee at the time of the execution {h) of the instru- ment, or witliin twenty days thereafter, {<•} 9. This Act shall not come into force until the first day of January (e) Tuini V. Criifilh, 17 X. II. Hi.". : l'„rkrr v. I'ulmer, 14 K. l.:(5'.), (a) See mitc [>. 00. {h) See (inic p. 0:S. (f) See iiutt' p. aO. I 0] tl ai dii he fui FORMS. BENT AGREEMENT WITH PRIVJLEGE OP PUECHASB. '■ '""" '" r„,f LT' """ ^^"^''"-^^W from tenn of sis mouth, >vi.l, .1 ■ ■, ' '° '"" '""'"'• '"' "'= M«r,;for.j,e„,e:f\vUchIa8..ooC;\:U, ,. ' ■' . . ^vithout the consent of said, said ;t ., , , ■ "'""''™<> repossessed by b. »e, o.di„a., .e:tr:rjr:xtr *- --'-' ditt,^iti'',''rr;;iuofr '"""'' "" "p™ «"■ - herein provided sai '"'■'°"", 7 "' 7 "«'—■'» "» f"«he, noeiee o. de,„.„d, .0 «e po tt ^V, 1,"^"''°"' 70 CONDITIONAIi SALES ACT. and remove the same, and for that purpose to enter any place of mine where said has rcasonabh' cause to beHeve said Organ to ho, witliout being deemed to have done anytliing wrongful, and upon such taking, said term and my right to hold or use said Organ shall cease, but without prejudice to the right of said for arrears of rent, if any, or on account of preceding breacli of agreement. Signed, Post Office address, 5. 1 HEREliy AdKKE tliut if Said continue to hold said Organ and pay rent therefor, on or before the day it is due, as herein provided, until payments have been made, amounting to the valuation aforesaid, said Organ shall liecon)e tlie property of said but until the completion as aforesaid of said payments, said Organ shall remain the property of said 0. For the time any payment is made before it is due, a deduction will be made at the rate of ten per cent, per annum for such time. Residence, - CONDITIONAL SALE OF MACHINERY, WITH STATE- MENT BY VENDEE OF OWNERSHIP OF LAND. Agreement, made the day of in the year of our Lord one thousand eight hundred and eighty Between of the , , of the first part, and of the of the second part, whereby the said agrees to manufacture for the said , in a good workmanlike manner, the following machinery, that is to say : FORMS. 71 The said party of the first part is to be ready to dcHver tlie sa:d madnnery free and in good order on the cL on CiiZ Ihe 1 , '*'''*'"" onoraboiU fi,^ . , , ^^ "ext, after whicli dehverv slrr;a;r" '' '' ''- ''' --' ^^^-^- -^-^'^ -^^^ ^-^^-^ ^^ The said party of tlie first part also agrees, if required bv the saul party of^ tl.e second part on receiving reasonab e 1 ee tf h arnva ot the saul n.achinery at the phace .here the san e is be erected for use, to send a con.petent .orkn.an to n.a^ h .0 connections between boiler and engine, and start the eg e " nnng or leave jt ready to start. But all other n.aterialT a^d And the said party of the second part agrees at the proper tune and in a convenient n>anner, to prepare and provL al proper foundations, frames, erections and materials a„d 1 sufficient supply of water convenient to boiler, and alUhe on a assistance required for the speedy and convenient erectri and putting ni running order the said machinery ; m defaul o winch, the said party of the first part shall iliereupon be f 1^ from further duty or concern in respect of the said machineiT And the said party of the second part agrees to pay for the ^^ niachinerytobeinanu^ictured and delivered a/ Les^^ orin:^ payable as ^r; ^'^^^^^^^■ ^^^ ^^'^^-^- - ^^^^^ and interest on the whole amount unpaid to be paid with eacli payment, and to furnish good, sufficient and satisfactor; st^ ^^ me t If T' '^'"'^ ^^"" ^^^PP"^ ^° ^^ --!« ^- the pay-' ITb ; n""' "' "''• ^^^'" -»™^'''--tely become due and etf cts is"f 1 t"T"-"'' '''''' '''" ''''' consequences and naa luiiy come and expired. 72 CONDITIONAL SALKS ACT. Tlie property in the said goods shall not pass to the party of the second part until the purchase money and the notes given tlierefor shall have been fully paid. But the said party of the second part is to have possession and to use the said machinery until default is made in the payment of the price, or of some part thereof. Or if any statements herein made are ascertained to be untrue, or if the said party of the second part becomes insolvent, absconds, encumbers, or attempts to, or does dispose of his property herein mentioned, or has his property seized for debt, rent, or taxes, or leaves the machinery unprotected, or fails to pay his taxes within seven days after lawful demaiul made therefor, then and in such case the whole debt immediately becomes due and payable and is to bear interest at per cent, per annum till paid, and the said party of the first part may, at his option, resume possession and recover such costs and damages as he may have incurred in consequence of such default, or of any otlier cause above stated. And it is further agreed between the said parties, that the said party of the first part shall have a charge upon the said lands for the amount of the said purchase money, until the said notes and all renewals thereof sliall have been fully paid. And the said lands are liereby charged with the payment of the said notes and all renewals thereof. This order and acceptance thereof constitute the whole con- tract between us, and there is no other agreement between us respecting these articles but what Is herein expressed. The said party of the second part also agrees to insure the said machinery for not less than two-thirds the amount of the purchase money, and the policy to be made " loss, if any, payable to the party of the first part." And also if he shall require the said party of the first part to superintend the erection of the said machinery as aforesaid, to pay the actual travelling expenses from aforesaid and back (including board) of the said party of the first part, his workmen, servants and agents for that purpose ; and tlie said parties also agree that the said party of the first FORMS. 73 part is not to be responsiblr> in damage or otlierwise for any delay or failure in fulfilling the terms of this contract on his part, arising from a strike or strikes of workmen, or from any unforeseen or unavoidable cause. In witness whereof, rhe parties hereto have hereunto set their hands and seals the day and year first above written. biGNED, Sealed and Delivered, III jin'xcncc of Seal. Seal. I, the party of the second part in the foregoing agreement mentioned, own and have a deed of, duly registered in my name, acres of land, it being Concession County 9 except Lot No, Township the current cash value of which is not less than and the same is free and clear of all encumbrance. and no interest or instalments are in arrear, and I will not sell or further encumber tlie same until all notes or other indebtedness to the party of the first part are paid, and tiie said notes or any renewal tliereof and said indebtedness, shall be a charge upon the said lands until fully paid, and the said lands are hereby charged with the payment of the said notes or any renewals thereof. I also own personal property, not exempt from execution, of the value of at least $ in excess of all my debts and liabilities. Dated at the day of 18 74 CONDITIONAL SALES ACT. FORM OF HIRE OR RENT RECEIPT WITH RIGHT OP PURCHASE. Received from (mum' of Vendor in /nil) here de.crihr t/w ratts received on account of the ])urc]iase money are to be FOKMH. 70 OF lerciiiaftor It ttt'l iirMllg iif,'ree ,' iii.jur<'(l, naiid, free for roturn.-.l to luu at maturity. (»., payuwui in full of purcl.ase money, and interest, no rent or hire in to l«, c|„,rge.l to n.e. It is further agreo.l that this r-ceipt un.l awreenient en.ho.lie. the wliole of the agreement hetween noxelf nn.l the ven.lor.s. with respect to said ,,,,,1 1 i„„„ 1 ., ., • n , , iiiKi I \\f\v\)y waive all verhal agreements not unbodied lierein, and ugr..,, tliat I am not entitled to receive credit at any tin... for ., ,„,;^.„ ^-hich may be received by the venrlors by the .lis,.,,,,, „^. oj. ^]^^, j^r^^ J or Drafts, which may been taken by thum. on account of said purchase money. Dated this Witness day of A.I). IH purclia.so ; property punctual fv, at the times, to liereafter ince, tlie ig theni- ter upon (1 resume though a I Note or altliough IB agrce- nt being being •der, any ond the !rence to S''otes or •e to be AGREEMExNT TO SELL UPON CONDITION. =:= Received from , . 1- J.1 ,, ' . on Jure 01 three months, at per mouth, pa,yable in advance, he said chattel being value,! at , ^Li^i. ,^,,, j to pay ni the event of the said chattel heiug destroyed, injured or not returned to the said „„ ,,,„„^,„^^ ^^^^ J. expense, in good order, reasonable mmv .ixceptod. It is a-reed that I may purchase the said chattel for th« Hum of ° , payable as follows : -Thr..,. promissory notes payable n, one, twelve and twenty-four uiontos f.om the date Jiereol. 1 he whole to be paid within the sni.l time with interest at seven per cent, per annum from date. J{„t until the whole of the said purchase money be paid, the s,u,| .Oiatt.'l shall remain W TV!r^' '^'' ''"^ . '^" l.iro hy me. And in doiault of the punctual payment of any instah.ient of the said purchase money, or of the said monthly rental in advance, the ,%. -^ ^%, IMAGE EVALUATION TEST TARGET (MT-3) 7 /. :/ f/j fA 1.0 I.I 11.25 t^ ill us , IK I U fi 12.0 U il.6 Piiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^v rtV ^^, ^.\ Wfis % ^ 80 CONDITIONAL SALES ACT. ^'"^ may secure possession of the said chattel without any previous uemand, althougli a part of tlie purchase money may have been paid, or a note or notes given by me on account thereof, this agreement for sale being conditional, and punctual payment being essential to it. But in the event of the said chattel being so returned to the said in good order, any sum received on account of the purchase money beyond the amount due for rent, and any expenses incurred with reference to the said chattel will be paid. Witness, ) (Signed) * This form is taken from Stevenson v. Rice, 24 U. C. C. P. 245. Ax\OTHER FORM, f This agreement made this thirty-first day of August, 1874 between John Whelan of Toronto, saloon-keeper, and'josiali Thomas Couch, of the same place, saloon-keeper. The said Whelan hath agreed to sell, and the said Couch to purchase the right to use the fixtures of bowling alley in and pertaining to the premises in rear of number sixty-six, on thvj west side of Jarvis street, in the city of Toronto, as now used by the said Whelan, and access to use the same thereto from Jarvis street, together with the beds, balls and pins only (as the other fixtures and fittings do not pertain to the bargain), for the sum of ten hundred and seventy-eight dollars in gold, payable three hun- dred and fifty dollars in cash at this time, and one hundred and nine dollars on the first day of each of the months of October, November and December next ensuing the date thereof, and the sum of fifty-nine dollars on the first day of January next, 1875 ; and the further sum in equal payments o^ nino dollars per month FOnMS. 81 lid chattel i purchase by me on tional, and vent of the in good ise money 5 incurred 245. St, 1874, d Josiah j-'Le said ihase the aining to 3t side of the said is street, r fixtures n of ten L'ee hun- dred and October, and the :t, 1875 ; r month (the first of such payments of nine dollars to be made on the first day of February, 1875), on the first days of each and every month after the said first day of January as aforesaid, until the lull balance of said purchase money shall have been paid in full without interest. The said Couch to have possession on the first day of September next, but only as in tht- nature of one subservient to said Whelan, and he is not to have any other right or title to the place, nor is this agreement intended to be complete nor to operate i-i favour of said Ccucli until the whole of the said payments have been made, when this right or title shall bo considered complete. And in case of defiuilt in the after payments, as ab.vo, or any of tla.m, ail matters hereunder are supposed and considered to fall through, an.l moneys paid hereunder to be forfeited to said \Vhelan. It is further agreed that said Couch is to keen the place orderlv, quiet, decent" and peaceable, and well cleaiieu, and to close the place at twelve o'clock each night, and open at six o'clock each mornin<'. He shall also keep the place open, in good running order, eadi and every lawful day and night, and properly managed and looked after, and make it as productive as possible. The players at each alley to have the privilege of playing three balls for the benefit of the house. The place and things pertaining to said alleys passing by this agreement to be insured. The said Couch shall conduct no other business upon said premises. Time to be the essence of this agreement. The said beds, baLs and pins are not to be removed from said premises until paid for in full. As witness our hands and seals this thirty -first day of August, 1874. JcHN Whelan, [L,S.] J. T. Couch, Jk, [L,S,] t Taken from Whelan v. Couch, 2(5 Grant 74. 82 CONDITIONAL SALES ACT. FORM OF PROMISSORY xNOTE GIVEN FOR PROPERTY THE TITLE AND RIGHT WHEREIN IS RETAINED BY THE PAYEE. ^ 18 On the first day of is , for value received I promise to pay to or Order at his office in Ontario, the sum of DoH^rg. The title and right to the possession of the property for which this note is given shall remain in till paid. Witness $ ANOTHER FORM. Lindsay, Ont. 18 On or before the first day of 18 , I promise *° P^Y° 01' order, at his office in Lindsay, the ^"™ °^ Dollars, for value received with Interest at seven per cent, per annum until due, and ten per cent, after due until paid. The express condition of the sale and purchase of the mu. nne for which this note is given, is such that the title or ownership thereof does not pass from the said until this note or notes given in renewal thereof, is paid with interest ; and should I sell or dispose of my property; he niay declare this note due and payable, even before maturity of same, and suit may be entered, tried, and finally disposed of in the Court where the ^ ^^ °^ is located, and he may retake possession of the machine, without process of law, and sell the said machine at public or private sale, the proceeds thereof to be applied upon the amount unpaid of the purchase price. Witness FORMS. 88 ANOTHER FORM. Lindsay, Out. 18 Dollars . 18 Months after date I promise to pay or order, at the Dominion Dank here the sum of Dollars with interest at per cent, from date until maturity, and also after maturity of note until paid for value received. And I agree to the cr^nditions hereunder written, I further agree to furnish security, satisfactory to th.e payee at any time, if required. If I fail to furnish such security when demanded, or if I make any default in payment, or should I dispose of my landed property, the payee may ther. declare the whole price of the article for which the above note is given, due and payable, and suit therefor may be immediately entered, tried, and finally disposed of in the Court in whose division the payee is, and the payee may retnke possession of the machinery without process of law and sell it to pay the unpaid balance of the price whether due or not. Subject to the aforesaid provisions I am to have possession and u?<- of the machinery at my own risk, but the title thereto is not to pass to me until full payment of the price, or any obligation given therefor. These conditions and agreements are to continue in force until the full payment of the price is made. Witness I hereby acknowledge that I have, on the date of the within note, received from the payee, a true copy of the above agree- ment. Witness i.-^. r: i 84 CONDITIONAL SALES ACT. ANOTHER FORM OF NOTE, WHEN TPIE CONDITION IS THAT THE PROPERTY SHALL NOT PASS AND THE VENDOR SHALL MAKE REMITTANCES ON SALES MADE BY HIM. Out., 18 On or before first day of jg promise to pay „, bearer, at "'' '"'" °^' clollars for value received, with months' interest at seven per cent. The Title and Right to the possession of the property for which this Note is given, shall remain vested in the payee until this note IS paid, and all returns received by me for said property sha be promptly forwarded to the payee, as collateral security on this note and if default in remitting said notes is made, or should (said property) be carelessly sold or disposed of, or if for any reason the payee should consider this note insecure, they shall have full power to declare it due and payable even before maturity of same. FORM OP ORDER FOR DELIVERY AND SALE OF SPECIFIC CHATTELS FROM ONE WHO ACxREES TO SELL THE SAME AND NO OTHER WITHIN CERTAIN TERRITORY. To Gentlemen, — _ Please enter my order at your regular list price for the season, to be delivered on board the cars at addressed as follows : '^""*"'^ 'I'^.yof 18 .for which I FORMS. 86 18 toJlows . {/are de.cnbv kn,- mtes „re tohepayahle). Implements. Hi'ir (Imriljc tin ImplcmentK. Number Ordered and Remarks. Territory Freights No travellers are authorized to sell or consign goods on any other terms than those on this sheet. Positively no verbal arrangements recognized. The title and rights to the possession of the property for Avhicii this sales contract is given shall remain vested in the vendor until fully paid for. The vendors agree to ship goods to you as herein set forth until further notice. The undersigned agree to settle for all goods ordered by him from the vendors as herein set forth. In consideration for the control of the sale of your implement in the above territory, I agree to push the sale of them with energy and to become interested in the sale of no other of the .same line of manufacture as made by you. Name. P.O. Ey. Station. • 5, 86 CONDITIONAL SALES ACT. ANOTHER FORM OF ORDER FOR CHATTl'7. WTTR SPECIAL WARRANTY BY VENDOR. ' To Toronto, 16 Sir,— Please sell us {h,rr ilem-iW tlw chottrl) and have tlie same ready about the „,,..( f i dehvered at Toronto for station IW u^ .' ' suinon, lor which wo agree to pay, when ready for delivery, the sum of .f m cash, or by note, payable at your office, Toronto, as follows : with interest at seven per cent, per annum. We further agree to furnish satisfactory security if roquirod We are to have immediate possession and use of the artioies but the property therein is not to pass to us until full paymo.it of he price, and of any obligation given therefor, or for any part hereof. If we make any default, or if the property is sci/od for debt or rent, the whole amount of the notes is at o.ico to become payable, and to bear interest at ten per cent, per annum till paid and you may resume possession, and sell the articles, towards paymg the unpaid price or balance thereof. This order and your acceptance thereof constitute the whole contract between us, and there is no other agreement between us respoctiuK those articles but what is herein expressed. SPECIAL WARRAN7Y. The above machinery is warranted to be made of good material and with proper usage to work well. If the above maclm.u will aot bear the above warranty after a trial of one day, written notice shall be given to and the agent of whom purchased, stating wherein it fails to satisfy the warranty, an.l reasonable time shall be given to send a com pl-tent person to remedy the difficulty, the purchaser rendering noces- sary and friendly assistance. If the machinery cannot bo nuule to fall the warranty, it is to be immediately returned by the FORMS, 18 87 parcliaser to the place where received, free of clmrge, and another substituted therefor that s.hall fill the warranty, or the money and notes returned. When at the request of tlie pur- cliaser a man is sent to operate the above machinery which is found to have been carelessly or i-norantly handled, to its injury m domg good work, putting same in working order again, the expense incurred by hiin shall be paid by purchaser. Contniued possession shall be evidence of satisfaction. Witness : DELIVERY ORDER FOR CHATTEL, WITH RIGHT OF PROPERTY RETAINED IN VENDOR. Lindsay, Ont. ig '^° (hereafter called the vendor). You are hereby instructed by the undersigned (hereinafter called the purchaser), to ship to my address, with such reason- able business despatch as your convenience will permit, from at purchaser's risk and expense to me *! in the Province of and in care ° tlie following as per prices agreed upon : fliere describe minutely the property.) The above machinery is warranted, with proper usage, to do good work, and to be of good materials throughout and in good order. It is also agreed that the purchaser will supply competent men to properly operate said machinery. Each purchaser certifies that he is the owner in fee, in his own right of the property described as follows : The property in the said goods shall not pass to the purchaser until the purchase money hereinafter mentioned, and the notes given therefor or by way of renewal (if any), shaU have been fully paid. Provided tliat in default of payment of said notes, or 88 CONDITIONAL BALKS ACT. renewals thcreot. all payments nmdo shall l.o fortoite.l. but the nt 1 lulau It IS niaao ,n tl.o paymont of the prlco, or of some part thorooi. or of any ol,li^^ation f,Mven therefor. If any state men ts heroin nm.lo are ascertained to be untrue. «r if tho sai.l Parcluisor i.eeonies insolvent, absconds, is about to abscond cncun.bc.rs, ,h about to encundu.-. or is disposin^^ of his, or has as. property attached, or sells, or atten.pts to sell his property or 'naclunery without leave from the said ^•endor, or his assigns in writm,. then m such case the whole debt and any note or notes ?airVendo7"''/-''"'-"' ''"'' '"^'""' '^"" ""'^ P'^-^'^^^^' ^'^^ ^ho saul \ endoi or lus assig to the purchaser for work done by (or bv the agents or servants of) the purcbaser during any season hereafter, either wholly or partly, with or by the aid of such machinery or any tliereof, sball (to the extent of the purchase monevs hereunder or notes therefor, then overdue or falling due within six months hereafter), belong to and are hereby assig.ied l,y the undersigne.l to the Undor aforesaid, he to apply to any amounts actually received by hnn therefrom (less the expenses in collecting same), on account of such moneys or notes overdue or so falling due, and he balance repai.l to the purchaser. Non-registration hereof aganist said lands shall not, nor shall failure or neglect CO lect earnmgs hereby assigned, or to notify persons liable therefor, release or affect the liability of persons liable as surety or endorser for payment of any of sai i ,-vchase moneys or notes. It bemg intended that the Vendor shall not be bound to resort to such lands or earnings further than they deem proper for their own security. Failing to make payment at office, expense of ool ect.on to be paid by the purchaser. I herebv waive all le^al and homestead exemptions as to our real and personal esta'te. 11 from any cause not under the control of the Vendor, said inaclnnery is delayed beyond the time agreed for its delivery no damages shall be claimed by the purchaser. In consideration whereof, the undersigned agree to receive the same ; and to pay freight and charges from place of shipment, .'.^■.. 00 CONDITIONAL BALES ACT. on arrivftl, and also on delivory to pay tlio sum of dollars to tl... said V.-ndor. his oxecutors, administrators or assigns, ni lawful money, on tlio following torms of payment : CASH, on or before delivery, ijl ]5alance as follows. with eight per cent, interest per unnum from date until due nnd any arrears of interest to be ad.led to the pri,.cipal anmudlv. and bear interest at rate aforesaid : And it is hereby agreed that if the said notes are not executed and satisfactory security furnished, as agreed, before the said maclnnery is used and within ten days after the delivery of the said machinery, then in such case the whole debt becomes duo and payable. Witness our hands and seals the day and year above written. I (Skal). P. O. (Skal). P. 0. (Skal). P. 0. FORM OF AFFIDAVIT OF EXECUTION TO ACCOMPANY NEXT PRECEDING INSTRUMENT FOR PURPOSE OF REGISTRATION. Province of \ ^'f""*^ °^ ) 1 ( ^''n„e in full of witness: ) °^ *^'^ of in the County of m the Provinoe of Ontario, make oath and say : 1— I was personally present and did see the within instrument duly signed, sealed and executed by the parties thereto. 2. — That the said instrument was executed at 8.— That I Irnow the said parties. FOUMS. 01 4.— Tlint I mil n HiilistTihiiij,' witii.Ns to the said iiiHtrumont and diipliciitc. Sworn bet'ori" luc ut \ in the County of this '- day of IHH j A Ciiiiriii.sKitiiDr, it'v. ANOTIIEii FORM OF DMLIVKJIY OHDKH. ,n ,f Lindsay ih iO Wt'SSl'H. Genti.kmkn,— Please supply me with one and ship the same to Station. Railway, about the day of next, for which I a^roo to pay the sum of ' dollars on delivery, in payment as follows : a satisfactory note for $ clue 1^0 !ii» due do $ due . ^ , payments, with seven per cent, niterest. ^ I agree to settle for this machine in cash or notes ace -.g to above terms as soon as it is started and fills the warranty. I "am to have possession and use of this machine, but the title therein is not to pass to me until payment of the price or of any obligations given therefor ; and if any default in the paymtnt Is made possession is to revert to you, and should I sell or dispose of my property you may declare all payments due and payable even before maturity of same, and may also retake possession of the machine. This Order is not to be binding on you until received and ratified by you, and is subject to warranty and agreement here- under written. Customer's P. O. (Signed), Agent. .1,'.'. 92 CONDITIONAL SALES ACT. The above machine is pnrcliased and sold subject to the following WARRANTY AND AGREEMENT. &i^^^ia^-:i:^11t^^^^^^^ anu moiiev will bp ri^funrl,.,! ui 11 '-'^'-" '" '^^ pl^ico, or the notes durin.tlo^firs seaso./ S:,1w;y'''r '"'^ T'' f ^''" ''"""^'''"^ "^•'eak by fair usa"e it slmTl bo .. . lln f''''^'''': "I'^tenal or workmanship and arc returned 'to t e Vendo ) the'L-n ..''r,"'"'^ T'"", ^'"^ broken parts was purclmsed. ContTn ed , oss ssion^Tf t, ™"^ *'" •"'^'^•>'»^ (Signature of Vendors.) No Agent has authority to change the above Warranty. ANOTHER FORM OF DELIVERY ORDER. To Toronto, 18 Toronto, Canada. Gentlemen,- You will please ship to my address, about 188 , of vour f/irii dcfxrihc tlte iinjilvinous. / Which I agree to receive and give a fan- and impartial trial, ^vlth at being influenced by any other manufacturers' agents, and to purchase if it proves equal to your Warranty, and as guaranteed, or to return within ten davs after receipt of implement as above to the Station, and notify you that it is there subject to your order. ■' This is given in good faith, as I wish to purchase the best. The Price, complete, as above, is joiij^j.g for which I agree to give settlement, payable as follows : FOMIS. 93 following ■oper manage- lall have one lie in to },'ive iiyli whom it [■ timp to 'jet iif,' necessary etc., when, it ! place where eel except the , or the notes achine break iiianship and broken parts the machine lilure to .t,'ive no fulfils the 18 A,ii .i., 1 ,. , '^^^^'^' ^^''^^^ «s abovf , anil until fully settled for, the title and property to remain in the Vendors This order is subject to the memorandum hereunder written. WARRANTY AND SPECIAL NOTICE. warranty wUl le " e. t d on Lco„. "'Jut" w .1 ^'""'"f "'"i"' "''^ retu^ed or new ones sent in t.l^^l^^L.'^^lf t^'l^i^^^lI^^^S' ^"'^ FopS; aa;ier^rt:::'J4S:::r,;-':; {i-t.ciass work when It a trial in the field, if it failVto a v^ ^ ,f =f ''^''very for time to ^ive to the dealer sellin./it and '■'■sonfrH '*'"'/'■ "°''^" "^"«* '^^ «'ven represented, failing i'^e,''^^"'^, '^,,"':\«'^ to make it work as i:^i:z s:^^-- --"-"-i^a-ait-r- ipi^ a;.|^;j^r=o;r=s?"rtr. i^^;r-u- rnarl;::^^Sh"neSLSiSS'\l;eX^t^*'^^V'5^^'^*° '^ ^^'^^ ^°™- the Vendors n.ay kSw w „ it i" f ronf l.o'v "f '^ ''^.^''^ '''''^''' "''^^ free, and return. '' '''" ^ '-'"dors will put in order, away^tml'r "'" "°' ""'""''^ '" ^^"^^^ '''' ^'^l"^-""« implements loane1l"trSl£-r'"'"'' "'"" ""!''""""' ^'^^^ "'^o other hands or (SifDiaturc of Vendors.) ess, about I'tial trial, 's' agents, iy, and as mplenient subject to le best, dollars. To ANOTHER FORM OF DELIVERY ORDER. Lindsay, Ont. 18 Gextiemen,— Please supply me with one and ship the same to station. Railway, about the ,].iy oi nexi, for :vhich I agree to pay the sum of ^..f . ^, ^^o"«^'s on delivery, in payment as follows • Satisfactory note for $ due 188 , with 8% interest do do do do S due due 1«« , with 8% interest I'^^y , with 8% interest D4 CONDITIONAL BALKS ACT. I agree to settle for tliis nnicliine in cash or notes according to above terms as soon as it is started and fills the \\arranty. I am to have possession and use of machine, but the title therein is not to pass to mo until payment of price or of any obligations given therefor ; and if any default in payment is made, possession is to revert to you, and should I sell or dispose of my property you may declare all payments due and payable even before maturity of same, and suit nuiy be entered, tried and finally disposed of in the court where the head ofiice of the Vendors is located, and may retake possession of the machine, without process of law, and sell machine to pay the unpaid balance of the price whether due or not. This Order is not to be binding on the Vendors until received and ratmed by them, and is subject to Warranty and Agreement hereunder written. I declare the above to be a true copy of the bargain for the sale of this machine. Agent. (Signed), General Agent. The above-mentioned machine is purchased and sold subject to the followiuf,' WARRANTY AND AGREEMENT. The macliinc is made uf good material, and with proper mana"e- ment it is capable of doiuK good work. The purchaser shall have olie day to give it a fair trial, and if it should not work well, he is to give written notice, stating wherein it fails, to the agent through whom it was ordered, and also to the \'endors, Lindsay, Out., and allow reasonable time to get to it and remedy the defects, if any, the purchaser rendering necessary and friendly assistance, furnishing a suitable team, driver, etc., when, if it cannot be made to do good work, he shall return it to the place where receiveti, free of charge, in as good condition as when received, except the natural wear, and a new machine will be given in its place, or the notes and money will be refunded. Should any part of the machine 1- ;;ak during the first season through defective material or workmanship, and by fair usage, it shall be replaced free of charge when the broken parts are returned to us or the agent through whom the machine was purchased. CJontinued possess.: n of the machine, or failure to give notice as above, shall be conclusive evidence that the machine fulfils the Warranty. No agent has authority to change the above Warranty. 's according iVarranty. ut tlio title CO or of any payment is 11 or dispose md payable itered, tried office of the e machine, the unpaid itil received Agreement ain for the Foniis. ibject to the 3er manage- ill have one le is to give whom it waa iV reasonable sr rendering driver, etc., ■n it to the an as when i given in its liart of the material or ;harge when wliom the nachine, or ce that the 95 STATEMENT TO OBTAIN CREDIT. acreJofTrd1t'ireir.:Lt' ""'' '^"'^-«'«terea in my name of the Township of l\. County "'' Concession and the sam^^^^Sr^^'i:;^^^^:^^^^'' ' lui::t7 ''"""' ^'"''11 iToZt:\ '''^^ ^^'^^"*'- ^^ «- vame of liabilities '" .'''"'^'' °^ *'"^ '^•"°""t of all my debts and P«St:'oftr';*rdsrent*oSn^ ^--^-- - the Hold by them on the faitli "heS.) ''''°^' °"^'-''"' "'"^ ^^' '^"'^ ^^^ Dated at Signature of purchaser ANOTHER FORM OF DELIVERY ORDER. '^^ '^^^^ ' Company, Toronto, Ont. You are hereby authorized to ship to me, to 18 Station, on or about riov nf 1 r . J ^'- next nr before reqmred for use, the following implenients and machine'ry • ! nor dcucnhe t/ic jin>p,-rti/. ) ' For which I agree to pay 30U notes, payable as follows : ' Note for $ due the first day of Note for § due the first day of Note for 3 due the first day of Payable at This machine to be warranted as per Manufacturers' printed ^^arranty, hereunder written, and I agree to settle for it upon above terms, as soon as it is started and fills the Warranty I further agree to furnish security, satisfactory to you, at any m.e. ...quired. If I fail to furnish such' securi"; then demanded, or .f I make any default in payment, or sLuId" Dollars in cash ; or my IB , with int. at 7% IH , with int. at 7% IH , with int. at 1% .iw. 96 CONDITIONAL SALES ACT. dispose of my landed property, you may tlien declare the whole price due and payable, and suit therefor may be immediately entered, tried, and finally disposed of in the Court in whose division the head oilice of The Company IS, and you may r(.'take possession of tlie machinery without process of law and sell it to pay the unpaid balance of the price whether due or not. Hulyect to the aforesaid provisions I am to have possession and use of the nuichinery at my own risk, but the title thereto is not to pass to me until full payment of the price, or any obligation given therefor. These conditions and agreements are to continue in force until the full payment of the price is made. Note.— This Order is not to be binding on The Company until received and ratified by them. Agent, (Signed), Witness, V/ARRANTY. WE, THE UNDERSIGNED, agree tliat the fhniTl^'"'' ^i'- , 1 . . l>as aiven his order this day! shall be well made and of ^^ood material, and will work well on a fair trial; also, that should any part break during the first season, throu-.h uefective material or workmanship and by fair usage, it shall be replaced free of charge if the broken parts are returned to us or our Agent from whom the machine was purchased, before the following date ot purchase. " If after a fair trial of one day, the said does not work according to Warranty, it will be the duty of the purchaser to immediate y give written notice to us at Toronto, and also to the Agent through whom it was purchased, stating wherein it fails, and allow reasonable time to get to it and remedy the defects, if any ; the purchaser rendering necessary and friendly assistance, furnishing a suitable team, driver, etc., when, if the machine cannot be made to do good work, he siiall return it to the place where received free of charge, in as <'ood condition as when received, except the nafiral wear, and a new machine will be given in its place, or the notes or money will be refunded. Continued possession of the machine, or failure to give notice as above, shall be conclusive evidence that the machine fulfils the Warranty. ^ This Warranty is not valid or binding upon The Company, unless delivered to the purchaser without alteration, inter- linina, or erasure. Dated Agent 1H8 Signature of Vendors - jHetmimnnxriaf:': FOUMH. the whole imediately in whose Company y without ■ tlie price ns I ain to 1 risk, but 3nt of the tioiis and lent of the 97 To ANOTIIKR FORM OF DELIVERY ORDER. Toronto, jg Please ship to my address with such reasonuhl. l,„sin,s. despatch as your convenience will permit, from place of manu- facture, or .. ^ ,. ,, tlie tollowin'' as per prices agreed upon : • '^ $ hem. $ r this day, I on a fair n, through )e replaced Lgent from wing date purchaser Iso to the and allow [mrchaser Lble team, 1 work, he 1 as good i machine !d. notice aa rVarranty. Dn, inter- Terms : Amount, And I hereby agree that if the said machinery or goods is not settled for, by cash or notes, according to the a"bove terms of sale, witlnn 20 days after date of shipment, tlien the whole amount shall become due, and I, for value received, promise to pay the same on demand. And I further agree not to countermand this order and until payment hi full of the purchase money the said machinery and goods shall be at my risk, and I will insure in your favor tor amount sufficient at all times to cover vour interest there- in, and on (..eman.l will assign and deliver to you the policy of insunuice, and should I fail to do so Nvithin ten days after receipt of goods, you are at liberty and are hereby instructed, to insure them as per this agreement, and the cliarges and costs for so insurmg shall liecome part of this indebtedness and be added to the first cash payment, and the title in the said machinery J>8 CONDITIONAL SALES ACT. and .roods shall ,u,t ,,mss fmn. you tmtil all the duos, terms and conditions of this ordor shall hav. boon fullv complied with by me, and I will not sell or remove any of the said machinery ..r goods from my premises without yo.u- consent in writing so to do, and in case of default of any of the payments or pro"^ visions of tins order yon are at liJK.rty without process of law to enter upon my ],re.m-ses ami take down and remove the said maclunery and ,-oo.ls. and T hereby a-ree to deliver the sai.l maclunery and -oods to you in like con.lition as received subject to ordinary wear and tear, an.l 1 hereby waive all claims lor dama.i^es or loss, and will pay the expenses (,f such removal. And I hereby declare that the fore^^oi,,, ....i.odic.s all the agreements made between us in any form, and that any note or notes or other security ,i,'iven by me to vou for this mdebiedness shall be collateral thereto. Yours trnlv, Ship (■/, FORM OF RECEIPT TO Rl-: GIVEN RY RAILEE OR CON- DI LIOXAL VENDl'i; OF Rl';Ci:il'T NOTJ- H'RF RECEIPT, OR ORDER, UNDER SECTION 8 OF THE ACr (SV<. ante p. G8), AND WHICH SHOULD ACCO.AU PANY ALL INSTRUMENTS UNDER THE ACT. Lindsay, Ont., jg [ i.cknowledgc to have received on the above tlu. possession of (,/,■. tl,r ,un, ./ ,,...,.,i„Uon in ./"Il 0/ thr l„'rs„i, ui ir/>n,r pnssr.sioii thr rh,lttrl is). I '-'.-[uest full iMfonnation respoctin,,^ th,. amount due, or the ;|| mc.. due or unpaid to you, if anything, on said nunufUctured ' haUel, and the terms ot payment of such or balance. M.V .u,ne is (/...>■ ,/., n,nnr in fnll) and my post ofHcc address to which a reply may be sent is (hnr ;,irr n,unr ,,f ,,nst o//ice). iSi.,„,itiirr !>/' A/iiilirunt). l'(mM OF I.HTTliil KlU.l>f,Vlx,i rili: IXJOliMATION '^J'XJlOiN 2, (inff /,. 11. '^'- of {t/>r n,nnr .„,l ,.., ,,,lirr .,/,/;•,.. ,jirrn /,/ ,!„■ ,„.,■.„ nv,mriru,\. Sn', ' ^|';f"'7''^ ''"^ (-i '^'1'^ '-Innce due (..) The amount ' " ("0 il.o balance unpaid on that certai,: manufactur..! be • . Vr^^ '" ^^^ ^'"" '" • ■""^' ^'PPJi^-'^tion lor inlbrmation beauno (late the day of ihh .„,! received by tlie undersigned on the day of ^"'^ • '^ ^''*' ^""' "^ ^ ■ 'I'i'e terms of payment of such I;:, 100 CONDITIONAL SALES ACT. amount (.„■) Imlaiifo luv as follows (/,,,., ,i„t,MI,, ,/„. sum to h,' i>„i,l, t/ir tlmr or limr „/ /xii/mnit, with ,„■ wilhuiit inln-nt if on, or In/ H'iiii of promis.orti not,; or In, mn, of rn,l or oll,rrwi.wl. This statement is mailed to vou at tlie al.ovc ad.lreHH and reffistered. Dated this day of at ill tiie {Si,,ii,itiin' of iii(iniii,i,tiirer, or rnulor, or Imilor). FORM OF NOTICE OF SALE I'NDEU SI'UITlON 6, ante /I. 5H, To ,of Sir, Notice is hereby given you that, at the oxpinitioii of five days, from the day of service of this notice upon yoii. to wit ■ "I'on day of 18H . I shall proc.rd t,', „,,|1 the' following goods or chattels, namely, {dr.srrihr t/ir iiro/wrt,/) at ii' the of in the county of The said goods or cliattels were taken possession" of hy m,., on account of the breach of condition in the conililaomii Hiiki or promise of sale thereof by me to you. If you desires to redeem the said goods or chattels you are at liberty to do so, at any time witliin twenty days after the day of (the day of taking possession) on payment of the sum of $ l)eing the amount in arrear on such conditional sai.i together with interest and actual costs and expenses of taking iJOHHcasion wliich have been incurred. Dated this day of 18 INDEX. on whom tlie losn ACCEPTANCE: necessary to complete execution of .loeds, 3. ACTUAL KNOWLKDOK : in mort«a«ee or pnrcl.aser, not inconsistent witl. Kood faith 31 ADDRESS : of manufacturer or vendor necessary, etc., 80 time when it must be placed on chattel conditionally sold, ;i(l ot applicant for infornnition must be fiiveii, 16 48 49 If no a.ldress Hiven, then to be sent to ■■ proi,er address," H\ what IS mail's " proper address,' 4.S. if reply indistinctly addressed and miscarry falls, 17. general address insufficient, 48. ADMINISTRATOIl: of vendee or bailee may redeem chattel, r,!. AGENT : may be appointed verbally, or by writing, 40. by subsequent ratification, 10. when, by subsequent ratification, principal's e.xistence necessarv 40. - ' no particular form of writing' necessary to create agencv, 40 implied authority to agent, how it may arise, 40. who may be an agent, 41, bailee or vendee cannot bo agent for bailor or vendor, 41. AGREEMENT: usually provides for payment of rent to be applied on purchase money, 4. when rentals, the purchase money, transaction one of sale with reservation, 4. construction put thereon by Canadian Courts, 4. effect of Statute thereon, 4. 102 INDKX. ALTERNATIVE: Ktdtiitory iiltonmtivfH provided for, H7. AMOUNT: of claim of vendor, etc., Iiow to bo ivacertaincd, Jl. APPEAL: for procL'odiii^Hoii iii)|K.aI, boo U. H. O. {lH>il\ cmi. 7:,, h02. APPLICANT: who may IjL" an iii)|)|ii:aiit for iiiforiiuUioii. Iii, must nivu liJH iiaiin! and post otiico address, li;. for information omitting' to «ivo liin addr.Hs, is. must boar the Iosh of iiin «ivint,' indintinct address, is. addrcKs of, must be distinctly written, H. APPLICATION: for information, how made, II. to whom to be made, 4."). by whom to bo made, !•_', 10. if. by letter, what, li;. may be veibally, 11. objections to vtrbiil method, I'J. form of, when made in wrilin^,', i2. not made until received, 1;(. Hhould not be to employee or aj^ent of vendor, etc., i:,. if to employee or aj^ent. i.Mst be biouyht to knowled;,'e of von- dor, i'). what it should be for, 12. only information asked for need be furnished, lo. ATTEbTATION: not necessary, ;i8. meaning of wortl, 38, BAILEE : meaninfi of term, 11. when mterests of, aro severable, instrument within the A(;i, 12. when t;;titled to action for interference with chattel, l:j. what caro required to be exercised by, 17. cannot be a;;ent under the Act for the bailor, 11. must not put article to use other than that whi.-h was intin led, 19 may redeem chattel, 57. his successor in interest nniy redeem, 57. liability for neyli),'ence in case of joint bailees, 2(i. liability, etc., in case of sub-ayent, 20. signature of, to instrument required, .'is. may mortgage or sell his interest, 21, 22. INDEX. Km 1, 19. IJAIMII': Ciiitiniiiil. iniiy (liHi)iitu liiiilor's tillu, 21, .".O. 1 l)iuliii('iit (lutcniiiiuul bv wilo, '21. us net. limy luiiiiiiiit tu felony, 2). .SV(' VkMiki;, MoUTciMIKK. HAILMIINT fffoct of word in Statute, ('.. iiUMiniii;,' of, |:i. of iiiidividcil intcrt'st ii; clmttol not within the Act, 7. fSHOiic.. of coiitiMi't of bailiiiL'iit is possession passing,', H. in-i'Henee or Hl.seiico of certain coiuiitioiis, the tuHt"of iipnlicat of Act, II. if some eoiidilioiis within, so if interests sevenilile, I'i. wlu'M interests lire sev( rulile, ll'. what is Ijiiilnieiii, i:t. liow divided iviid dist ion witiioiil the Act, Ktiitiite applies ilit,'uishei|, 1 1. niUHt 1)0 ill writing,' as ft^,'iiiiist siil)se(pieut | 1, IC. iiirehiiser or inortfja^iee. wliiit necessary to procure leijal obli,L^acion of. isAll.oi; cuiiiot l();e his rii^'iits ill chattt'l bv bail when interests of, are s^'Veral under the Act, 12 w attiichiiif,' to frc-liold, H. when entitled I. ;ill .■iei;i]|i fi obli^Kl i(ui d •r interference with chattel, i;i. dilferent oliliL'ali evnivnii.; (ill. in r. lation to chattel, 20. ins. when bailor ■,'nitiiitoiis, 2(1. nijiy iniirl4;iei. or sell (lis interest in chattel, 21. Ins inlrrest Imhlc uiid.'i- if he sells or inort;;ai,'eK, bi Sit Vknuoii, :\I vs-cc \c rriu;i:, Ov c\ci;uti(iii, 21, 22. leu may refuse to deliver to I lailor, 21. must, on applicalion. f nrnish certjia infonnation, 1 1. successor in interest may take iiossessioii, 50, inort'iiij'ee of, a successor in interest, .")0. |)ossession fur lire.ich of conditiou, ,")4. niav tak ikiiii,' [lossessioii, ;■>!. ri^;hts of, in ehiittel, alter t; Srr I 'OS must leave a copy of instrument with I )ailee or vendee. (i8. <.:Ai'A(nTV to contract, rules of cunimon law applicable to cases under the Act, 11 CAUK of chattels by vendeo, 17, IS, circumstances to be considered. bS. 104 INDKX. CHATTELS : meaiiiiiKof, witliin tin- A('t, .1, H. f:f>»divi(Ir.l, -,. jier*«Muvl, moaninK of, 5. Ktativto applioH only to niovoablo chattels, (1. not to c'lmttt'lH to ho aL'i|iiirt'(l, (J. • IWiv.-ry and f posHeHHioii (.sHciitial, 0. 22. Htatiito applioH to a H[,fvitU: chattel, 7, H, '22. in bond or cuHtom houne incapable of bailnumt, not vvitlm. the Act, 7. m.bject to or charKo.1 sviti. ciain.H of third parties, not within tho Act, 7, H. when posHcBMioM ,lo,.H uot puHs tlu'u .Statute docs not ap,,lv H cannot l.c attache! to realty ho as to make chattel part of realty aKaiMst tho intcruHt of the vendor, H. when chattolH are (Ixtiu-cH, {). ■SVc FlXTITItKH. caro of, by vendee, 17. circumstances to be considered, 18. Statute only applies to chattd« where ownership therein .loes not pass, '2'2 of value of »;((), when taken possession, cannot he sold without notice j,'iven, etc., r,H. CIIKATIN{; : s,'e Collusion, 31. CLERK: his certificate as to filin- may be .lisputed in evidence M his duties on presentation of instrument under the Ac't 04 07 filiUKof instrument, when clerk absent, 07. ' ' COLLUSION : between vendee and purciuvser to defraud vendor makes com- pliance with Act unnecessary, HI. COMPUTATION : of time, 17, 50. ■S'l'^ I-NKouMAriox, Days. CONDITION : upon breach of, posaession niav be taken, 51. presence or absence of what conditions .'ives tho Statute an appli- cation, 11. "^ if ir-trument contains conditions within and without Statute then, If severable, Statute has partial application, 12. dt*in.i It INUKX. 105 CONDITIONAI, HALK: what ncccHHury to in-ociiic lpjiattMl whrrcin pohhohhIoh dmnt'^H nml not owtit'i-iliip, ;i. both ownuihhip an(t poHxeHHion chanucH in mouio cttKfH, ;J. whi'ii riylit of lo-pnrcliuHcp.xiHtH Mahi in (soinhtioimi, ;t. Act tloL's not apply to hiIIch witii ri«ht of r.!|pin<:ha«.! rt'Herved, 3. nor to "Hah'H to arrive," only to tranHactioUH covi'ied by "receipt nofrcH," " iiire rccoipts," " onliTH for chattclH," 1, ,'J. latter tranHactionn coninnm, .'I. rcMiHoiiH wliy Hiich tiansactionn iiiitmiroiirt, 1. of moiety, or part intert-st, in a chattel, nut within the Act, 7. C0N81Di;i{ATI()N : money conHideration contoniplatcd by Statute, 2i'<, :("). if any otlier, not within the Act, 'if!. what i.H a valuable conHideration, .'I'), viO. fact of purciuiHe or conHJderaiion money not )n-\nn payable to vendor does not deprive Statnle of application, ■J(i, 21. taking note for consideration money doew not prevent application of Btatute. 27. but otherwise, if taken in satisfiiction of pnichase money, 2'. no objection to disconntinji notes rcpresenlini- consideration, •JT. so doiuf,' not waiver of ownersliip in property, 27. may be payable by way of rentals, 27. rentals usually the cojisideration, 1. construction thereof by Canadian Courts, I. money a valuable consideration, 3;;. anything bearinf- a known value is such, ;).">. any benefit to the promisor, li"). marriaj^e, .'i.',. loss, trouble, detriment, etc., 80. suspension, or forbeitrance of le^al proceeding's, .SC. COPY: of instrument must be tiled, not original, (i(i. copy need not be an exact copy, (K;, 67. must be left witli vendee or baiUe, (irt. CREDITORS : compliance with the Act not necessary as against creditors, :iO. have no bett'.r title than their debtor, ;J0. If 106 INDEX. CUSTOMS : Koods in, not witliin tlie Act. 7. DATE : of instruniont not nece.sa.-ily evidence as to when instrument executed, 64. )>.uol evidonoc. .dnussil,!., to .Lew date of instrument, not the date ot execution, t\i. DAYS : "five days," when tlioy bef,'iii to run, t.i. 47, r,H. SCI' Ini--01!MAT[0\. " twenty days," liow computed, ^'^i;. "seven days at least," liow computed, 01. "ten days," iiow computed, 03. DELIVKKY: siKnin^and delivery necessary in ail instruments under tl.e Act, 2 after he 1st January, l,s,S!,, |,,i,„, instruments signed before them, within tlio .Vet, 2. of chattel essential under the .\ct, 0, DESCRIPTION : of person not a signature, 10. DILIGENCE : in care of cliattel, what degree of, retjuired. 17, Ls circumstances to be considered, 18. DISTINCTION : between Act respectiu.u coiuUtionai sales of chattels and Act relatin- to bills of sale and chattel mort-a-es 1 DISTRESS : - - . • landlord may distrain ,h, goods subject of conditional sale under the .\ct, ;i;i. extent of powers of distress, ;):), ;u. ENTRY: forcible entry may be made to remove chattel, .-,0. must not, however, create a breach of peace, .',.,. on another's laud, legal to get chattel, ;",(',. not legal if chattel on land thi'ougl, niult of „wner, .",0. ESTOrPEL: doctrine of, 2.'i. application of principles of, •_';{, -.'I, 2-".. EXECUTED: meaning „f word in connection with signing, etc., of deeds, 2. INDEX. 107 iiistnimcnt not the (late i-tlio Act, 2. jiied before s iuul Act ale iindii- >cls, •_>. EXECUTION: of instrument from whence time begins to run, M. not necesaarily upon the date, (It. EXKCUTOR: of bailee or vendee may redeem chatti-!, r,7. EVIDKXCK: parol evidence admissible t,. shew ,h.te not correct date, (Vl. may be given to dispute correctness of clerk's certili'cate as to filing. r>l. S,; Post (h-i-ivi-.. [nkomm.vtu.n. Ainun-iss, I'sroppia.. A,.|.mcu-h.v FILING : copy must be filed, i:ot the original, W. clerk's certificate of, only ;.,■/,»„ /„,■/,■ correct, and m.iv he disputed in evidence, ()4. what it consists of, (14, ()•;. where instruments are to he filed, (i-). FIXTURES : intention in regard thereto decides their character, ;l. bailee cannot alter their character by annexing to freehold, :i owner of chattels cannot annex them to freehold and claim them as fixtures, '.). generally sale of, arc chattels, '.t. how long fixtures retain their identity as such, '.I. when leathern driving belts are lix lures, '.). key of house a fixture, 10. FORMS: rent agreement, with privilege of purchase. OK. of conditional sale of machinery with statement hv sendee of ownership of lanil, 70. of lien or rent recei[it with right of |)urcliase, 7:!. of release of right of di.stress by landlor,! upon chattels pnn:hasey the lessee. 77. rent agreement, with conditions of i>urchase, 78. agreement to sell upon condition. 7'.). another form, 80. form of promissory note given for pr,>perty, the title and right wherein is retained by the i)ayee. 82. iiiiotlicr form, 82, 8.;. 108 INDEX. another form, witl, .pcci.vl warranty by vendor 8,; delivery order for chattel, with r -ht of . vendor, 87. *^ ' "^ property retained in of Hftidavit of e.xeention to acconipanv instrume, f f .'^.'i^tration when lan.I affected % ^""'^'"^^ '' another form of delivery order, ill, 02. <)7 ^"trh;:r,;nr'^v^ ^°""^'--'-''-- --» •>"'r«' --tide «)f letter supplying the information demanded l,v fn,. ■ ention, under section two !.<, ' °'"^"'"« ''I'l'''" of notice of sale, under section two 100 I'liAlll) : fraction of a HOUSKHOLDKUHNITI^RK: are chattels within the Act r, i;-> INFOIIMATION : who must furnish infornnUion relating to chattels 11 apiihcation for, how ma.le. 11. U'-itlels, -ll. INDEX. 109 111 sales made roni one who certuiii terri- retiiiiied in i" purpose of ce of receipt and whicli :t, (IS. 1 respecting,' '"red urticJe loiJig iippJi- 111 vendee '' 62. INFOIlMATIOX-(;„„,/„„,.,/. to whom to be made, 4.j. if made by letter, lt\. may bo verbally made, 41. objections to verbal method of application •]•' form of application for, when made bv letcer"'j-> who IS entitled to information, 4l', " ' "' what information must be furnished 45 onus on person demanding it to shew he"is within the description of persons entitled to it under the Act 4i "'-^'=^'l't'°" must be furnished within five days, 41, 4:{, 47. ' ' five davs and more iimv «!,. .,„,! j with, 44. • ' ' '""' •'■'■' ^''^*"'« ^'^ '^"'"I'liea when five days bof,'in to run, 4;j, 47. how information furnished, 4(;.' when it is presumed to be received, 43 statutory method should be followed 44 40 form of letter giving information, 4r, "'""",::a::t:!.'; »'- ''■'™"'» >' '« "»■ «, .„„ by whom to be applied for, 40. liis name and address must be f,'iven 40 reply with, may be sent by registered letter 40 Iiow and where to be addressed, 40 48 4') when no address p.ven, how and wher; to'be sent, 40, 48 4. .f reply with n. orniatioi, is deposited in postoffi e, ot nelsarv to prove that it was received, 40 "(-cessar> loss or miscarriage of, upon whom it falls 40 delivery to a n.ail-carrier of reply not sufficient, 47 post-mark pruna jhcie evidence that reply sent 47 ' ijenuineness of post-mark, how proved 47 ' ' " "tnde'':?""' '^''""^' ^"' "^'^'^-'•^' '-« f'^l's on deposit in postoftice of reply must be proved 47 INITIALS : •SVc SioNiNo, SioN-ATUKE. and p. 8,s-;v,). INJURY: "' "'''"'';;;:r:,:;r.r"" " -"- ""° ■-"""»'"« '■■■■ ■»' resulting from fraud ine.xcusable, 17. INSTRUMENTS : within the Act, when interest severable, not severable, 12. ^o when not no INDKX. must be in writinj,', 37. no particular form of writin,. ncecssarv. ;)7 wluit it must embody, ,'{7. INTERESTED PERSON : what ismcanin.yof ilieterni !■> 4'j LANDLORD: may be a j.urclias.r under tlie Act ;)•> ^ ) not, liowover, after ilk-al .listrrss' \VA ' 'nay distrain «oods sold by instru.nent under the ^.t Ts Ins powers „f distress, ;W. ' " MCi:\SE: to take possession irrevocable, r.O. justilics entry. .",(i, ^.ANUKts™;^,::' "■■™'" - -'—.'•=. name of, must be i.ainted on article, 1 ;iO ■S'V OWXKII, Vi:mi,,i;. address of, must be ■.'iven. ;iO. rejjistration of iustrumeiit by, WO. effect of iion-conipliunco witli the Vet 'UJ ' '''::;:r;:;:;,;::::'"-'''^ "'''-*■-'«' >■>--. u„„. """• when name and address must be placed ui.on clcf 1 •••• '."^•"" -"• -l'l'--s n,ay be ■■ attached " •«! ^ "'' ' ""• nnperfection of Statute as to aftachin.nan.e .W must, on demand, furnish certain information, .fi successor ,n interest" n,ay take possession, 50 ' may take possession on breach of con.lition .H n^ht ot in chattel after taking lawful possession. ;Vi ■><'/• i. DSSKSSION. .,< ,.r"f '"'" ' '°''' "' '"^"■"»'"" -i'" '«ilee or vendee, ,;7 :\I')I!TGAGEE : as ag,unst^ ..bscp.ent n,ort,a.ee, baihnent nu.st be in writin,. subseouont mort.a.ee obtains prionty if nan.e not printed etc or nistrunii.nt r.-istered. .), ;il. INDKX. Ill or ^OUTGAGEE-ContinurJ. only protected .^J: ""r H^ l^Jt;'^' "^ '"^ '*'^*"*^- ''■ ^*1- n.iqn.i f,„. 1 1 ■ '"" "°'" t'"' bullet! or vendee •>') r. asm for .leclaru,. s„d, ii.HtrumentH i„va!i,l •<,, ' - " must bo one in Kood faith 81 >^'i»". -L collusion by, with venaco to defraud nmnnfu-.turer v 1 owner, vendee's con,,,lianco with A.T . ' '"'"^'''■• notu^e in n.ort«a.ee not .ninsi:;::^ wiii^.^S'^^f' '' or simi) V intoroiit nf „ , i h>""i uuin, ,h. at liberty to shew claim liquidated ' 31 " or that chattel never subject to claim U °verinstrn;eutnotl;;tS^;;:rth:t"r'"''""'-'^^ subsequent mort«a.eo ,.. „„„ , ,„„,,;' •'•^^' •'- occupies same le«.l position as a liirchar i of vendee may redeem, 57. Sl(i.VAT[:in:, .'JH, '!!• MARK: by inarkKinan. ,SVy. SKixix,. MUSICAL INSTHUMKNT8 : are cliattels within the Act, r,, C-j, NAME: to ,1,'ive information must be the ne-leet of ^^ nj;gi,igj.:nce : '"' ''''"'"'■• ■^•'• ill us« of chattel by vendee, 17. circumstances to be considered, 18 different decrees of, 1!) ^O,,^;;;:'^ '^^^''^''^ ^-''- »- than that intended for it, 1,, OJ3,,ECt"'"'"" " ""'"''" ''''' ""* ^^"^"^ «"-' f-th, :u. of the Rtatnte. 1, C, 7. ORGAN : tt clittttel witlnii the Act, 5. 112 INDEX. OWNEH: naiiio of. must be painted, etc., on tlie cliattel, 4. may be attached, 3(i. imperfection of the Act in rof,'ard to attachin.,' name, '.U). time wlien name, etc., should bo attaclied, ;in. effect of omitting,' to paint name and to register, 5. though name not placed on chattel, Act complied with, if registra- tion made within 10 days, ;{?. may tk\e possession for breach of condition, 51. rights of, in chattel after taking possession, 51. See P()ssi;ssiox, Statutk. of soil, cannot retain chattel improperly fixed to realty, 8, !). OWNERSHIP: Statute only applies when ownership does not pass, 22. wlien ownership passes, but not possessson, then another Statute ai)plies, 22. intention of parties as to ownership passing decides applicabilitv of Statute, 22. "PAYMENT: of the purchase or consideration money," these words contemplate a money consideration, 20. PARTIES : between original parties, compliance with the Act unnecessary, 30. .SV*" PURCHASEK, MonroAOEE, Lanmloud, Manufactdreh, OwNEit VhS-noR, and Ve.vdee, Bailor and Bailee. PHRASE.S : .See WoitDS. PIANO : a chattel within the Act, 5. PLEDGE OR PAWN : not witliin the Act, 15. definition of, 15. POSSESSION : under the Statute possession changes, not the ownership, 2. can pass without manual delivery, (J. there can be constructive change of possession, U. change of possession essential, (>. when possession cannot be given consistently with the object of the agreement in regard thereto. Act does apply, 7. when possession does not i)ass, then Act inapplicable, 8. remaining with vendee after time of credit expired does not estop bailor or vendor from claiming goods as against third party, 21. INDKX. 113 POSSESSION-r',;„//,„w. may lie takun, upon breaeli of condition, 5.1. rif^ht of vendor, bailor, etc , in chattel, after possession taken, f 1 may be taken before breach of condition, r,i. effect of takini.' posHcssion before condition broken, r,\. " possession follows property " a rule of huv, 55. relaxation of this rule, 55. when relaxation of this rule presumed, 55, to obtain possession, entry nuiy be made (,n another's 'and, 50 must bo retained for twenty days before sale, 50. liow the twenty days are computed, M. having been taken, nothing must be done to prevent restoration within twenty days, 5(1, When taken of chattels 'sold for over *30, the ^-oods must not be sold without 5 days' notice, 58. " five days," liow computed, 58. "live days" may be part of "twenty davs • allowed for redemption, 5!). POSTOFFICE : address must be Hiven by person applyin» for infoi-niation 10 If letter deposited in postoffice, not necessarv to prove that received, 40. if address indistinct and letter miscarry, loss falls on sender, 47. See Anniiiiss, IxfoiiJiATioN-, Ai'1>i.icatio.\. PROMISSORY NOTE : signature to, mi-ht not be sufficient to embrace a marcinal a"ree- ment, 38. " TROPERTY : passin,;,' in chattel Statute does not apply, 22. question of intention decides applicability of Act, 22. PURCHASE MONEY: usually in form of rentals, 4. when rentals purchase money, transaction may be one of sale with reservation, 4. construction put thereon by Canadian Courts, 4. effect of Statute thereon, 4. PURCHASER: secures priority if name of owner, etc., etc., not painted, etc., on article or instrument not registered, 5. 8 Ill INDKX. l'"III|llil|||fC liilll liy i'lUiCHXHEH^ Co,, I i,nt,;l. as a«,dMsl^s„l,s,.,,u.nt i,„rcl,.se,. l.ulnu.nt ,,,„«, |,„ i„ ,„,„i„^. collusion by. with vc.l,.,. to ,lcfnu„l v..n,i„r „„.)<..„ with Act nniic(xssiiry, :tl. subsequent, in f-o-xl faith i.Votette.l bv Stati.t... "h ;il only so far as to j,'ive effect to his purchase "H who IS a subsequent purcluiser in «oo.l faith, -^ means subsequent purchaser from the vendee, -Jll, ;]■> by niutuiil assent of parties, . '{2. not one who unlawfully converts the pn.perty ;i" not one in «oo'"< jule purchaser can only receive proiccTio, ,„.. ■ ,„„ payments, ;i2. '"" purchase money must bo paid, not secured, ;<2, at sheriffs sale intended to bo protected, ;J2. landlord may become purchaser under the Act ;i'> it not after ille^,'al distress, ;j;i. ' ' " l.uyin. interest of vendee cannot take advanta,-,. of .SIhImIc ;i | but can shew that vendor's claim satisfie.l, ;i I. or that no such claim ever dxisted, :M. subsequent mort^uaee ;;/•„ taiito a purchaser, 35 occupies same k-al position as subsequent mort,-,,,..,., ;i:.. REDEMPTION. may be had within 20 days, 'yC. period of 20 days must elapse in all cases, 02. who may redeem, 57. right of redemption can be enforced in defiance of a«,-ooment agamst such, 57. "Kiuoment KEFUSAL : or neglect to give information must be refusal vendor, 15. iK'gleot of REGISTRATION : there niust be registration, or else name, etc., painted, e(. effect ot omitting both, 5, 30. ten days allowed for registration, 37. object of, (iO. ■I, ilO. Iiilil l)y INMKX. 115 inCNTALS: agreements usually p.-ovi.].. for payment of on acc.,„nt of purchase money. 4. usually Himply instalnu.nt^ of puvclmso monov, 1 construction put tlicrcon hy {'unadian Conits,' .J. effect of Statute thereon, J. REPLY: Set' Inkohm vri(i\. SALE : of «oo(l,s cannot be ha.l after possession taken xvitl.out ." .lays' notice beinsKiven, ;1H. the 5 days' notice nuvy b. part of the -JO .lavs alk.we.l for re.lemptDu, iV.). form of notice .)f, 5!t, (iO. not.obli},'rttory .>n venilor, (iO. cannot in any case be ]utcl until after 20 .lays from taking posses- sion, C'i. ' proceedings lea.lin,. up to sale may be taken pri.,r to expiration of 20 days, (;2. SEALING : not necessary in any instrnment executed under the \ct 2 40 additi.,n of a seal will not vitiate the instruuinit, 2. SEAL : not necessary o;, instrument under the Act, 2, 40. SERVICE: methods of service, OO. when personal service dispensed witli, CO. (11. service by mail, (U. SEWINU MACHINES: are they within the Act ? .j, note (r). SHALL: meaning; of word, 41. SIGN.VrURE : of vendee or bailee necessary, .'iS. if made to promissory note, doubtful if suflicient to embrace marf,'inal at,'reement, .'JS. what is a si^r„iitiii-e, 38, 3',l. description of person not a signature, 40. IK) INDKX. SKlNINd : ii(H;t3swiry witli (U'lirci-y in all iiiHfrnm. iitu iindir the A(U, 2. what it c'oiiHistH in, ;is, ;ili. MTATCTK: •'>! Victoria cap. li), Om. 1, sccticm •_' ; II. (lues not apply to CMMiaitioual sales of a n.oiitv or pint interest in a chattel, 7. restricteil in its operiilion, }■>, conii)liaiice with, unneeessary Ix'twoen the parties, :!f) K. H. (). 'HS7, cap. l|;t, sec. -JS; ;(;(. 8UBSK(?r!:\T l'III!f')I.\Si;i! : willu.ut noti,.,; an,l in -o,„l faith, i.referred t,. ven.lor who fails to comply with tho Act when instrument si«ne.l hefere, l,iit not (lelivei'ed nntil after I .laiimirv. 1SH!I ; 2, ;i. instrument under A,.t only valid a.^ainst purclmser and morfa-ee in tjood faith, -.'T. invalid only ho as to j,'iv.. effect to |,urehaso of i.ureha.ser, or niort,i,'a;,'e of niortt,'aKee, and no further, 2S. means suhscvjuent purchaser of ni,nt^',a;;ee from the bailee or vend'.'f, 'iil. reason for declarmi,' such instrunu'iits invalid, 2!l. name and add-ess of manufacturer or vendor rerjuired c. he Kiven, iiO. or rej^istration under Act, liO. effect of non-compliance with .\ct, ;{0. SUCCESSOR : in interest of nnmufacturer ,)r vendor, etc., mav take possession r>o. " I . wlio is a successor in interest. T.O of vendee or bailee may redeei-i ■' attel, .J7. SUNDAY : counts as one day, 4, "lO. TIME when Statute came into force, 1, 2. instruments si«ned before, but not delivere.l nntil after 1 January IHSI), are within the Act, 2. of day when instrument «iven should be noted, 10. " ten days " allowed for re«istration, 37. from when the ten days ))e.«in to run, 37. " live days " allowed within which to furnish infornnition, 1.'!. INDEX. 117 TIMK-(.'c.»//»»<'./. wlion till! tivi) (lays hcniu and eml, 1.), 47. .S'l'f Inkoumaihin, Dayh, Woitim. within " twi'iity diiyH," liow computed, oC, i\S. " Hovon (liiyH lit loiist," how coiniMitud, (il. " ten (hiyH," iiow (•oiiipiitod, (i;(. Ir'hIiih to run from cxociitioii, not iiucussiirily datu of iiistniinciit Tiriui) I'.viri'V: "li^ht iiiako II conditioiiiil salj with owner's consent, ".0. VKNDKK: what euro rciuirvd to ho exercised by, in chattel, 17. must not put article! to use other tluui that intended for it, l;i. in ciiHo of two vendees, '20. liable for injury by snb-af,'ent, 20. ■ my niort«a«e or sell his interest, 21. 22. may dispiito vendor's title, 21. may coniinit felony, 21. hailinent deteiniined by sale, 21. siynatiiro of the instrument reiiuired, .'i.s. cannot he a;^ent for vendor under the Act, 11. VENDOR; loses priority as a«ainst subsequent purchaser or niortKaj^ee, if he fails to ref,'ister instrument, or comply witi Act when instrument signed before, but not delivered until after 1 .lannary, 1H81) ; 2. cannot be deprived of his rif-hts in chattel by vendee attaehiuK to realty, H, may mortt,'a;,'e his interest, 21. may sell his interest, 21. his interest liable under execution, 21. address of, must be Kiven, '.iO. name of, must bo wven, HO. time wlieii name and address must be placed on chattel, 3(;. may bo attached, :iV>. if attachi'd, rofiistration not necessary, 37. imperfection of Statute, iiO. if not placed on chattel at time of sale, sale yet good if registra- tion made within ten days, 37. must on application furnish certain information, 41. successor in interest may take possession, 50. mortgagee from vendor a successor in interest, 50. Sff I'OSSESSIO.V, .'51, IIH INDKX. WITNKRH: not iioccaHivry to iiiMtruinent iiiiil..r llu. 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