Bailiff-Continued. right of, to break into enclosure to distrain goods fraudulently mortgagees held liable for illegal distress by, under direction of Bailment under conditional sale, 7, 36 definition of, 45 different classes of, 78 liability under contracts of, 78 form of contract of, 80 See CONDITIONAL SALES Bailor name of, to be affixed or contract registered, 37 to whom, 39 penalty for refusing, 39 name of not affixed and contract not registered, effect of, 39 what is a compliance with the law as to, 102 Bank Act meaning of "warehouse receipt" under, 252 meaning of "goods, wares and merchandise" under, 252 statutory form of security under, may be given by certain per- Barter sufficient consideration for a sale by an agent under Ontario Bill of lading aasignment of, effect of on vendor's right of stoppage in transfer of, in Ontario, effect of, 203 Bills of Sale Act (Ont.) Conditional sales of merchandise to a trader for re-sale included in, 40 Boarder lien on goods of, 265 whose goods have been seized under distress against his land- lord, rights of, 270 Boarder-Continued. mode of securing release of goods, 270 exemption of goods of from distress for rent, in Nova Scotia, 338 landlord's privilege for rent as against goods of, in Quebec, 345 Boarding House Keepers See INNKEEPERS AND BOARDING HOUSE KEEPERS. Boat owner of, when liable to finder for expenses of keeping and Bond goods in, effect on right of stoppage in transitu, 189 See STOPPAGE IN TRANSITU. Books of account, an accountant has a lien on, for work done thereon, Brickmaker lien of, on bricks made by him, 298 British Columbia conditional sale in, must be "evidenced" in writing, 7 purchase from conditional vendee in, 121 market overt in, 121 Sales of Goods Act, 359 acquiring title under, from a person who has agreed to buy, 122 123, 124 sale by conditional vendee or hirer, 126, 128 pledge or sale by vendor in possession valid in, 159 passing of the property upon a sale "on approval" in, 163 reservation of right of disposal in, 168 who is an "unpaid seller" under Sale of Goods Act, 171 re-sale by unpaid seller in, 177 stoppage in transitu in, 198 re-sale in, by seller after stoppage in transitu, 202 British Columbia-Continued. lien of factor, when consignor not the owner, 209 Crown's lien for timber dues in, 253. liens of innkeepers and boarding house keepers in, 272 workman's power of sale in, to enforce his lien, 303 Broker Care when entitled to a lien for the price as vendor, 154 of chattel bailed, 86 degree of, to be exercised, 79 of chattel, held under a lien, 139 Cargo drawing bill of exchange against, 141 carrier not bound to deliver, unless consignee is ready to make master's lien for expenses of preservation of, 221 Carrier lien of for freight, right of stoppage in transitu subject to, 194 wrongful refusal of, to deliver, 196 in the capacity of warehouseman, responsibility of, 213 lien of, is specific, 218 a common law right, 218 payment of freight and delivery of goods should be concurrent effect of delivery of part before whole freight paid, 219 by water, 219 liabilities of under Canadian Act, 219, 220 lien of, for freight, 220, 221 lien of, for cost of preservation of cargo, 221 no lien for wharfage, 221 or for pilotage or port charges, 221 or for damages for failure to load a full cargo, 222 Carrier-Continued. carrier's lien dependent on performance of contract, 222 statutory rights of under the Railway Act (Can.), 223 right to detain goods until payment, 224 sale of unclaimed goods, 224 separate consignments under one contract, 225 refusal of consignee to pay freight or accept the goods, 225 carrier must keep goods at place of destination for reasonable when goods are left in his hands without fault on his part, 226 connecting lines, when goods shipped over, 226 rights of last carrier who has paid charges of the preceding when consignor's contract is with first carrier alone, 226 lien of last carrier for his own and prior charges, 228 when he receives goods with notice of payment to when carrier employs another in his stead, 228 when payment made in advance and contract does not last carrier's lien for prior charges restricted, 229 demurrage, 221, 229 lien of, on passenger's baggage, 230 lost by passenger's taking possession, 230 passenger must remove baggage within a reasonable time waiver of lien by, 231, 232 exemption from distress of goods delivered to, 317 Cattle liens on, 281-295 Chattels fixtures to realty, 13, 116, 117 onus of proving article to be such, 13, 14 Ontario statute relating to, 14 Chattels Continued. definition of, 31, 37, 45 conditional sale of share in, within the Ontario Act, 47 liability of lender for defects in, 54 destruction of, 56 insurance of, 56 retaking possession of, 64, 65 retaking possession of, effect of on the contract, 66, 68, 94 vendor to retain goods for certain period, 68 redemption of, after retaking of possession by the bailor, 68 wrongful sale or pledge of, by the vendee, 98, 99 pawned by the hirer may be recovered from the pawnbroker, 100 affixing of name of manufacturer or bailor to, 102, name of manufacturer upon, puts purchaser or pledgee upon innocent purchaser of, acquires good title in Manitoba if manu- liens on, 134 et seq. care of, held under a lien, 139 obtained by fraud, no lien on, 141 lost, lien of finder on, 142 waiver of lien on, 146 when the property in, passes, 154 vendor's right of possession not lost, if price not paid, though marking of, with the name of the buyer in the presence of the transfer of, by an agent, under Ontario Factors' Act, 157 implied warranty of title on sale of, 163 lien of workman upon, for work done thereon, 297 Chattel Mortgage distinguished from conditional sale, 4 transfer absolute in form may be considered as a, 4, 6 but not if the transfer and hiring are distinct transactions, 5. priority of workman's lien over, 300 priority of thresher's lien over, in North-West Territories, 307 in Manitoba, 308 |