bailee, the bailor will not be permitted to set up any such right of property or right of possession as against any purchaser or mortgagee in good faith for valuable consideration from the bailee, or as against judgments, executions or attachments against the bailee, unless the 'bailment with such agreement, proviso or condition' is in writing signed by the bailee or his agent; but this enactment applies only where the sale or bailment is of goods of the value of $15 and upwards (28). The North-West Territories' Ordinance also requires that the writing shall contain such a description of the goods that the same may be readily and easily known and distinguished.

In Nova Scotia every hiring, lease or bargain for the sale of personal chattels, accompanied by an immediate delivery and followed by an actual and continued change of posession, whereby it is agreed that the property in the chattel, or in case of a bargain for a sale of same a lien thereon for the price or any part thereof, shall remain in the person letting to hire, the lessor or bargainor, until the payment in full of the hire, rental or price agreed upon by future payments or otherwise, shall be by instrument in writing. and be signed by the parties thereto, or by their agents duly authorized, in writing (29).

In that Province it is therefore necessary that the writing be signed both by the bailor and the bailee. If signed by an agent on behalf of either, a copy of his written authority must be attached to the instrument. The instrument must also set forth fully, by recital or otherwise, (a) the terms, nature, and effect of such hiring, lease or bargain for sale, (b) the property or lien remaining in the person letting to hire,

(28) Con. Ordinances N.W.T., 1898, c. 44, s. I.

(29) Acts of N.S. 1899, c. 28, s. 8.

(c) the lessor or bargainor, and (d) the amount payable thereunder, whether expressed as hire, rent, price or otherwise (30).

In Ontario, and also in Prince Edward Island, a bailment of "manufactured goods or chattels", other than household furniture, made upon a condition under which the possession of the chattel passes without any ownership therein being acquired by the bailee until the payment of the purchase or consideration money or some stipulated part thereof, must be evidenced in writing, signed by the bailee or his agent; otherwise it will be invalid as against subsequent purchasers, or mortgagees from the bailee acquiring the chattel for valuable consideration, and in good faith, without notice of the bailor's claim thereto (31).

The bailor must also leave with the bailee, at the time of the execution of the instrument, or within twenty days thereafter, a copy of the same (32).

Exception of Household Furniture.-Pianos, organs, or other musical instruments, are not exempt from the Conditional Sales Acts of Ontario and Prince Edward Island. The Ontario Statute makes an exception of household furniture "other than pianos, organs, or other musical instruments", while the Prince Edward Island statute enacts that such are not included in the terms household furniture" (33).

The term "household furniture" is restricted in meaning to such articles of furniture and ornaments as are necessary for, and are provided for the occupation of, and living in the house, according to the condition

(30) Acts of N. S. 1899, c.28, s. 8.

(31) R.S.O. 1897, c. 149, S. 1 and 2; Stat. P.E.I. 1896, c. 6, S. I and 6.

(32) R.S.O. 1897, c. 149, s. 5 ; Stat. P.E. I. 1896, c. 6. s. 8. (33) R.S.O. 1897, c. 149, s. 2; Stat. P.E.I. 1896, c. 6, s. 6.

and means of the occupants and articles ejusdem generis, and does not include a sewing machine or a library, scientific instruments, billiard table, lawn tennis set, guns, fishing gear, or the like (34); but ranges and heaters are held to be exempt under an exception of "household goods" (35).

Time of Signature by Bailee.-If a lien, note, or agreement, purporting to reserve title, is obtained from the vendee after a bargain of absolute sale, and as a means of securing the payment of the price or a part thereof, it is subject to the statutes relating to registration of bills of sale and chattel mortgages, and registration under the Conditional Sales Act would not protect the vendor, the title having already passed to the vendee, on the bargain of absolute sale (36). To transfer such title back again to the vendor there must be either an actual delivery up of possession to him, or the making and registration of a bill of sale, otherwise the transaction would be voidable at the instance of execution creditors, or purchasers for value, under the Bills of Sale Act. So where a chattel was sold and delivered between the parties, and some seven months after such delivery a lien note was signed by the vendee for a balance due the vendor on the transaction, it was held that the lien note was invalid, as to third parties acquiring the chattel (37).

Reservation of Property. The construction of a document evidencing a conditional sale, is for the court, and not for the jury (38).

(34) Allen v. Wallace (1888) 21 N.S. R. 49, 53.

(35) Kerby v. Clapp, 15 App. Div. (N. Y.) 37; 44 N. Y. Supp. 116.

(36) Mason v. Bickle (1878) 2 Ont. App. 291, 296.

(37) Gallant v. Mellett (1898), 18 C.L.T. 199.

(38) Nordheimer v. Robinson, 2 Ont. App. 305.

In Polson v. Degeer (39) the contract was in the following form:

To Wm. Polson & Co., Toronto:

TORONTO, (date).

"Please ship to my address as soon as possible from Toronto "the following machines as per prices agreed upon (here followed an enumeration of the articles with the prices of each). Terms, "$225 to be allowed for my portable engine and boiler f. o. b. at “Sunderland, and $635 to be paid at the time of shipment.

"And I hereby agree that if this machinery is not settled for by "cash and notes according to the above terms of sale, within "twenty days after date of shipment, then the whole amount shall "become due; and I further agree not to countermand this order, "and until payment in full of the purchase money, this machinery "shall be at my risk, and I will insure in your favor for an amount "sufficient at all times to cover your interest therein, and on "demand will assign and deliver to you the policy of insurance, "and the title thereof shall not pass from you; and I will "not sell or remove any of this machinery from my premises "without your consent in writing so to do; and in case of default "of any of the payments or provisions of this order, you are at liberty, without process of law, to enter upon my premises and "take down and remove the said machinery; and I hereby agree "to deliver the said machinery to you in like good order and "condition as received (subject to ordinary wear and tear); and I hereby waive all claims for damages, and will pay the expenses "of such removal, and I hereby declare that the foregoing "embodies all the agreements made between us in any form, "and that any note or notes, or other security given by me to you for this indebtedness shall be collateral thereto."

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It was held that, although from the confused. arrangement of the stipulation in the order there was room for contention that the word "title" applied to the policy of insurance and not to the machinery, that the document should be interpreted by all its parts, and that by the whole tenor of the instrument the word title was referable to the machinery, and that the property therein was effectually reserved to the vendor till paid for (40).

(39) Polson v. Degeer (1886) 12 Ont. R. 275

(40) Polson v. Degeer (1886) 12 Ont. R. 275, 280.

In a recent New Brunswick case the only evidence of a reservation of property was a clause printed across the stub end of a draft as follows:

The express conditions of sale and purchase of "the vehicles for which the draft is given, is such that the title, ownership, or right of possession, does not pass from the said Co. until this draft and "interest is paid in full."

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The vendors, who were carriage manufacturers at Montreal, had shipped to the vendee in New Brunswick two wagons, and drew on him for the price, the draft form having thereon the words mentioned; the vendee accepted the draft in that form, but resold one of the wagons to a bona fide purchaser without notice of the want of title, and afterwards died, and there was no evidence that, the reservation of title was a part of the original arrangement between the vendor and vendee, or that the latter's attention had been called to the special printed clause on the draft when he accepted it (41). The Supreme Court of New Brunswick held that the evidence of title in the vendors was insufficient, and that to recover against an innocent purchaser for value strict proof is required, the onus of which is upon the vendor, where the sale is by a manufacturer to a dealer, and is to all appearances a transaction in the ordinary course of business.

Fixtures to Realty.-Articles not otherwise attached to the land than by their own weight, are not, to be considered as part of the land, unless the circumstances are such as to shew that they were intended to be part of the land, and the onus of shewing that they were so intended is on those who assert that they have ceased to be chattels (42).

(41) Purtle v. Heney (1896) 33 N. B.R. 607.

(42) Canada Permanent v. Merchants Bank, 3 Man. R. 285.