exists in favour of a carriage maker for repairing a carriage (14).

A packer has a lien upon the goods packed by him for the materials used and work done in packing (15). The lien is allowed for work in cutting up logs into boards or shingles (16). And one who takes window sashes into his possession for the purpose of furnishing glass for them and doing the glazing thereon has a common law lien upon the sashes for such work so long as they remain in his possession (17).

A horse trainer has a lien on the horse left with him for training, for his services rendered, provided he has a continuing continuing right of possession of the horse throughout the whole period during which the training takes place (18).

A verbal agreement that one who had by a written. contract undertaken to produce by his labour a chattel, which is to become the property of another when the labour is performed, shall have a lien on such product for the money to be paid as the reward of his labour, does not derogate from the contemporaneous writing; and evidence is admissible to prove such a verbal agreement if it is not in any way inconsistent with or contradictory of the written agreement (19).

By the Civil Code of Quebec (20) each person engaged to fish or assist at any fishing or in the

(14) Rushforth v. Hadfield 7 East 224.

(15) Hayward v. G. T.R. 32 U.C.R. 392.

(16) Comstock v. McCracken 53 Mich. 123; Arians v. Brickley

65 Wis. 26; Pierce v. Sweet 33 Pa. St. 151.

(17) McMeekin v. Worcester (Iowa) 68 N.W. Rep. 680.

(18) Reilly v. McIllmurray (1898) 29 Ont. R. 167.

(19) Byers v. McMillan (1887) 15 Can. S.C.R. 194; Erskine v. Adeane 8 Ch. App. 764; Morgan v. Griffith, L.R. 6 Ex. 70.

(20) C.C. art. 1994 a ; R.S.Q. art. 5826.

dressing of fish, either by written agreement or otherwise, has, for securing his wages or share, a first lien preferable to any other creditor upon the produce of his employer's fishery.

Lien denied. -Unless the work is done at the owner's request, or with his consent, express or implied, the lien does not arise. So where a carriage was delivered for repairs to a carriage maker by the owner's servant who had negligently broken it, and taken it to be repaired before the master was aware of the injury, it was held that no lien could be maintained in respect of the repairs (21). The owner's consent may, however, be implied from the circumstances of the case, as where the repairs were of benefit both to the party ordering them and to the owner of the chattel, and the chattel was being used for their joint benefit (22).

No lien attaches to personal property in a store for work done in taking down and removing such property and putting it in place again (23).

Priority over chattel mortgage.-The fact that a mortgagor of chattels is allowed to remain in possession thereof and to use them for profit raises an implication that he has the mortgagee's authority for the creation of a specific lien for repairs (24). When the property is to be retained and used by the mortgagor for a long period of time, it will be presumed to have been the intention of the parties to the mortgage, when it is property liable to need repairs, that it

(21) Hiscox v. Greenwood 4 Esp. 174.

(22) White v. Smith 44 N.J.L. 105.

(23) Engelhardt Co. v. Benjamin, 5 App. Div. (N.Y.) 475, 39 N. Y. Supp. 31.

(24) Hammond v. Danielson 126 Mass. 294.

is to be kept in repair; and when the property is machinery, or property of a character which renders it necessary to intrust it to a mechanic or machinist to make such repairs, the mortgagor in possession will be constituted the agent of the mortgagee to procure' the repairs to be made; and as such necessary repairs are for the betterment of the property, and add to its value to the gain of the mortgagee, the common law lien in favour of the mechanic for the value of the repairs is paramount to the lien of the mortgagee, and the latter is presumed to have contracted for the mortgage with a knowledge of the law giving a lien to the mechanic for repairs (25).

But upon a mortgage being made of an engine in course of construction there is no implied authority to the mortgagor to incur a lien in priority to same in respect of work done for the mortgagor in completing it (26).

Termination and waiver of lien.-Where a person contracts to make an article for an agreed price and on its completion refuses delivery after tender of the sum agreed upon, and claims a larger amount, the tender has the effect of terminating the lien (27).

A workman contracting to make the wood-work of a wagon and who after completion of that work forwards it, in the name of the person for whom it is being made, to the blacksmith for the iron work, but gets it back from the blacksmith, may still enforce his lien for work done thereon, for the lien revived upon his again obtaining possession of the wagon (28).

(25) Watts v. Sweeney 127 Ind. 116, 26 N.E. Rep. 680. (26) Globe v. Wright 106 Mass. 207.

(27) Willis

G.N.S. 209.

v.

Sweet 20 N.S.R. 449; Davison v. Mulcahy 7 R. &

(28) Milburn v. Milburn 4 U.C.R. 179.

If an artist contracts to accept for his services a stated sum in cash and a security for the balance payable at a future date, a lien cannot be set up after payment of the cash instalment and tender of the security agreed on, at all events until default is made under the latter (29). A counterclaim will not destroy the lien unless it has been agreed between the parties that the one account should be deducted from the other (30).

Statutory power of sale-Ontario. Every mechanic or other person who has bestowed money, or skill and materials, upon any chattel or thing in the alteration. and improvements in its properties or for the purpose of imparting an additional value to it so as thereby to be entitled to a lien upon such chattel or thing for the amount or value of the money or skill and materials bestowed, is given by statute while such lien exists, but not afterwards, in case the amount to which he is entitled remains unpaid for three months after the same ought to have been paid, the right in addition to all other remedies provided by law, to sell by auction the chattel or thing in respect of which the lien exists, on giving one week's notice by advertisement in a newspaper published in the municipality in which the work was done (or in case there is no newspaper published in such municipality, then in a newspaper published nearest thereto) stating the name of the person indebted, the amount of the debt, a description of the chattel or thing to be sold, the time and place of sale, and the name of the auctioneer, and leaving a like notice in writing at the last known place of residence (if any) of the owner, if he be a resident of such

(29) Dempsey v. Carson 11 U.C.C.P. 462.

(30) McFatridge v. Holstead (1889) 21 N.S.R. 325; Pinnoch v. Harrison (1838) 3 M. & W. 532.

municipality (31). Such mechanic or other person shall apply the proceeds of the sale in payment of the amount due to him and the costs of advertising and sale, and shall upon application pay over any surplus to the person entitled thereto (32).

Power of sale in British Columbia.-Under the Mechanics' Lien Act (B.C.) (33) every mechanic or other person who has bestowed money or skill and materials upon any chattel in the alteration and improvement of its properties, or increasing its value, so as thereby to become entitled to a lien thereon for the amount or value of the money, skill or materials bestowed, has, while such lien exists but not afterwards, in case the amount, to which he is entitled remains unpaid for three months after the same ought to have been paid, the power to sell the chattel on giving two weeks' notiec by advertisement in a newspaper published in the city, town or county in which the work was done, or in case there is no newspaper published in such city, town or county, then in a newspaper published nearest thereto, stating the name of the person indebted, the amount of his indebtedness, a description of the chattel to be sold, and the time and place of sale. The statute further directs that after the sale, such mechanic or other person shall apply the proceeds in payment of the amount due to him, and the cost of advertising and sale, and shall pay over the surplus (if any) to the person entitled thereto, on application being made to him therefor, and a notice in writing of the result of the sale shall be left at or posted to the address of the owner at his last known place of abode or business (34).

(31) R.S.O. 1897, c. 153, s. 51 (1). (32) R.S.O. 1897, c. 153, s. 51 (2). (33) R.S.B.C. 1897, C. 132, S. 23.

(34) R.S.B.C. 1897, C. 132, S. 23.