equity to the insurance moneys in question because of the insurance first obtained (which was taken out in the name of the mill owners as the parties insured and not in the name of the conditional vendors alone as they were entitled to have made it) having been defeated or lost by means of the mortgagors' act in effecting subsequent insurance without the assent of the prior insurers (13). Vendor to Supply Information. If the bailment takes place in British Columbia, the bailor is bound by a statute in force in that province to furnish to any proposed purchaser or other interested person, within 5 days, full information respecting the amount or balance due or unpaid in respect of manufactured chattels the subject of a conditional sale (14); and his neglect to do so will make him liable to a fine not exceeding $50 on summary conviction before a stipendiary or police magistrate or two justices of the peace (15). If the enquiry be by letter the information should be supplied by registered letter in reply, and the deposit of the letter in the post-office within the 5 days specified, is, in that case, the statutory equivalent of furnishing the information within five days (16). In Ontario the vendor must also furnish information within 5 days in answer to an enquiry made by any proposed purchaser or other interested person'; the penalty for non-compliance being a fine not exceeding $50, recoverable on summary conviction (17). The justices of the peace or magistrate may, (13) Waterous Co. v. McCann (1894) 21 Ont. App. 486. (14) R.S. B.C. 1897, c. 169, s. 26. (15) Sec. 26. (16) Sec. 27. (17) R.S.O. 1897, c. 149, s. 6. in their discretion, order that the defendant shall pay to the complainant such costs as to them seen reasonable, not being inconsistent with the fees established by law to be taken on proceedings before justices (18); and the sums so allowed for costs shall be specified in the conviction or order, and shall be recoverable in like manner as the penalty, and will extend to and include the costs and charges of distress and of commitment and conveying the defendant to prison, but the amount of the latter costs must be ascertained and stated in the commitment (19). The like proceedings may be taken for recovering the penalty under the Ontario Act, as might be taken under the Criminal Code of Canada had the offence been under a Dominion statute (20). If the complaint be dismissed the magistrate may, in his discretion, order that the prosecutor or complainant shall pay to the defendant such costs as to the magistrate seem reasonable, and as are consistent with law (21); but such costs are recoverable only by distress and sale of the goods and chattels of the party ordered to pay them, and not by imprisonment (22). There is a special right of appeal, however, from the justices or magistrate to the County Court judge of the county sitting without a jury (23). The appeal lies only on behalf of the person convicted, and is to be heard in Chambers, and is subject to the procedure prescribed by the revised Act respecting appeals to the County Court judges (24). (18) R,S.O. 1897, c. 90, s. 4. (20) R.S.O. 1897, c. 90, S. 2. (21) R.S.O. 1897, c. 90, s. 4 (2). (22) Sec. 4 (5). (23) R.S.O. 1897, c. 149, s. 6 (2). (24) R.S.O. 1897, c. 92. The appellant is required to deposit with the convicting justice the amount of the penalty and the costs, and a further sum of $10, or with two sufficient sureties to enter into a recognizance before a justice of the peace in a sum double the amount of the penalty, and costs ordered to be paid, which recognizance (25) is to be conditioned duly to prosecute the appeal, and to abide by and perform the order of the judge thereupon, and to pay such costs as he may order (26). In Manitoba the manufacturer and his agents must forthwith, on application, furnish to any applicant full information respecting the balance due on any manufactured goods the subject of a conditional sale agreement (27). His neglect or refusal will lay him liable to a fine of not more than $50 nor less than $10 on summary conviction before a justice of the peace (28). The word forthwith" has not always the same meaning. Where the act to be done is judicial and discretionary, "forthwith" will mean "immediately " (29); but as applied to a contract or to the ordinary transactions of life, it usually does not mean “immediately," but "with all possible celerity" (30). It is to be construed according to circumstances, but where the act required to be done "forthwith" is one which is capable of being done without any delay, no delay can be permitted (31). In an action against an over (25) R.S.O. 1897, c. 92, Form 1 in schedule. (26) Sec. 3(b). (27) R.S. M. 1891, c. 87, sec. 3. (28) Sec. 3. (29) Grace v. Clinch 4 Q.B. 606; Chaplin v. Levy 9 Ex. 673; R. v. Berkshire 27 W.R. 798. (30) Burgess v. Boetefeur 7 M. & G. 494; Morton v. Bank of Montreal (1897 N.W.T.) 18 Can. L.T. 157. (31) Re Southam 19 Ch. D. 169, per Jessel, M. R. seer for not giving a copy of a rate" upon demand, forthwith," it was held that the time was such as the jury might think reasonable (32). In New Brunswick, on the demand of any creditor of the conditional vendee or on the demand of any person having an interest in the chattel or in the conditional vendee's right of purchase thereof, the manufacturer, or other bailor or vendor as the case may be, must file a sworn statement of the amount due on any such receipt note, hire receipt or order (33). The filing is to be made with the Registrar of Deeds of the county in which the bailee or conditional purchaser resided at the time of the bailment or conditional purchase (34), and must be effected within 20 days from the making of the demand (35). A failure to file a statement as the Act requires will operate so as to forfeit all rights accruing under the receipt note, hire receipt, or order to the bailor, as against the creditor or interested person who has made the demand for same (36). In Prince Edward Island the manufacturer, bailor or vendor is by statute required to furnish within 15 days to any proposed purchaser or other interested person applying therefor, full information respecting the amount or balance due or unpaid on any manufactured goods and chattels of which a conditional sale has been made, and the terms of payment of such amount or balance (37). (32) Tennant v. Bell 9 Q.B. 684. (33) Stat. N. B. 1899, c. 12, s. 5. (34) Sec. 2. (35) Sec. 5. (36) Stat. N. B. 1899, c. 12, s. 5. (37) Stat. P.E.I. 1896, c. 6, s. 2. In case of his refusal or neglect to do so, the conditional vendor becomes liable to a fine not exceeding $50, on conviction before a stipendiary or police. magistrate, or two justices of the peace, with a right of appeal by the convicted party to the Supreme Court of the province (38). He will also disentitle himself, by such refusal or neglect, to the benefit of his lien on the chattels (39). The inquiry may be made either personally or by registered letter, and in the latter case the post-office certificate of registration and the oath of the person who deposited the letter, shall be prima facie evidence of the date and service of the application (40). An application by letter must give a name and post office address, to which a reply may be sent, and postage stamps sufficient to pay the postage on a registered reply, must be enclosed. It will be sufficient if the information which the Act compels the bailor to furnish is given by registered letter deposited in the post office within the 15 days, addressed to the enquirer at his proper post office address, or, where a name and address is given as aforesaid, addressed to such person by the name and at the post office as given (41). Re-taking possession. If the vendor exercises a right given him by the contract to take back the chattel to make good the default, such is in law a rescission of the contract unless the contract contains some provision to the contrary (42). (38) Stat. P.E.I. 1896, c. 6, s. 2. (39) Sec. 2. (40) Sec. 2. (41) Sec. 3. (42) Leanor v. McLaughlin (1895) 32 L.R.A. 467, 165 Pa. 150. |