INDEX.

Abandonment

of distress, 333

of his effects by lessee, seizure after, by landlord for rent,
in Quebec, 345

And see LANDLORD

Acceleration

of time of payment in certain events of a promissory note
does not affect its negotiability, 19

claim upon clause for, as an election to treat the sale as
absolute, 115

Acceptance

expression of, not necessary if the promise is made by deed, 85.
revocation before, 85

reasonable time to be allowed for before revocation, 85.

by vendee relying on his own judgment, as a waiver, 92

Accountant

lien on books of account for work done thereon, 139
Acknowledgement

of indebtedness under a conditional sale, when kept good as
against Statute of Limitations, 19

by carrier to hold for buyer, ends the transit, 184

Action

right of, when lost on re-taking possession, 70

against the buyer for goods sold, recovery in by seller not a
waiver of his lien, 168

Address

See NAME

Agent

authority to execute contract of conditional sale in Nova Scotia
must be in writing, 30

assault by, principal liable for, 65

entrusted with possession of goods, valid contracts of purchase
may be made with, 104

the consideration of such contracts may be cash, or other
goods, or partly of each, 104

Agent-Continued.

agricultural, not in the course of his business to trade implements
for horses, 105

sales by, when he has obtained possession, 122

of conditional vendee, sheriff selling under execution is notan, 123
buying at his own risk, entitled to a lien as vendor, 154

under Ontario Factors' Act, 104, 158

right of, to stop goods in transitu, 191

if unauthorized, authority must be ratified before transit
ended, 192

to make purchases, lien of, for advances, 208

money intrusted to him impressed with a trust in favour of
his principal, 209

and extends to the goods bought, 209

distress by, in his own name, ratified by landlord, 313

directing illegal distress by bailiff, mortgagees held liable for, 354
Agistors

of cattle, lien of, 281 et seq.

"Agreed to buy "

meaning of, 125

does not apply to a person having a mere option to purchase, 125
Agreement

for purchase of furniture on the "hire system" is a conditional
sale, I

"hiring" agreement may or may not be an agreement to buy, 2
may be deemed a chattel mortgage, 4, 5

not a chattel mortgage if transfer to the hirer is a distinct
transaction, 5

nature of. may be shown by oral evidence, 5

construction of, for the court not for the jury, 11

leaving copy of with vendee, 54

if inconsistent with continuance of lien, may defeat seller's

lien, 170

natural increase of, subject to the conditional sale agreement, 67
damage feasant, right to distrain exists at common law, 140

lien created by exercise of, 140

liens upon, 281 et seq.

feræ naturæ, exemption of from distress, 317

Appraisement

See LANDLORD

Appropriation

of goods susceptible of delivery, to create a lien thereon, must
be equivalent to a delivery at law, 136

property passes upon, 155, 162

by the contract, and acceptance by the buyer, equivalent to
delivery, 155

Approval

sale on, passing of the property under, 161

Assault

in British Columbia, N. W. Territories and Manitoba, 163
property passes upon acceptance by the buyer, 163

in re-taking possession of chattels where entry was refused, 65
by bailiff or agent, principal liable for, 65

during seizure of chattels, 97.

vendor may be responsible for as well as his agent committing

same, 97

payment of fine a bar to civil proceedings, 97

acquittal upon a charge of, when a bar to civil proceedings, 97

Assignee

of a bailee, included in the term purchaser, 35

for creditors, seller has title to unsold goods as against, though
he had given the purchaser power to sell, and appropriate
proceeds, 109

Crown has no lien on goods of insolvent estate in the hands of,
for customs duties on goods previously imported and
sold, 142

unpaid seller may re-sell as against, and recover any loss, 165
in insolvency, stoppage in transitu as to, 189

for benefit of creditors, mortgagee's right of distress for interest
as against, 353

entitled to be reimbursed for moneys paid mortgagee to release
goods from distress, 353

Assignment

of the benefit of a lien, 139

Attachment

of rent by garnishee process against landlord suspends right of
distress, 311.

Attornment

by mortgagor, relationship of landlord and tenant created thereby
so as to give mortgagee power to distrain for interest, 347
termination of tenancy when created by, 35°

Auction

reservation of right of re-sale on a sale at, 178
seller then entitled to profit on a re-sale, 178

original buyer liable for any loss and expenses of re-sale, 178

if no reservation of right of re-sale, goods are re-sold as property
of the buyer, 178

buyer entitled to any profit, 178

Auctioneer

has no lien on maps left with him to aid in the sale of land, 141
liable for conversion though selling for the conditional vendee in
good faith, 100

goods in hands of for sale, not subject to landlord's privilege for
rent in Quebec, 344

Baggage

lien of carrier on, 230

responsibility of carrier for, on failure of passenger to remove

Bailee

it, 230

signing of the contract by, 7, 8, 9, 10

time of, 11

assignee of, included in the term purchaser, 35

contract of bailment to be signed by, 36

conversion by, 86

delivery by, to the true owner is a justification for the bailee, 96
may set up a detence of jus tertii, 95

but not for the purpose of keeping the property for him-
self, 96

care of chattel held by, under a lien, 86, 139

right of redemption of, 394

for hire, has a lien, for additional value imparted by him to the
chattel, 139

Bailiff

assault by, principal may be liable for, 65

landlord may purchase at sale by, if tenant consents, 105

but distress must be legally made or the sale may be treated
as a conversion, 105