other writing evidencing the bailment must be reregistered within 30 days of the removal in the district. to which the goods are removed (74).

Under the Nova Scotia law of 1899 (75) re-registration is required on a removal of the goods from one registration district to another, only where the removal is permanent, and where the conditional vendee (the grantor of the receipt note or hire receipt) is not a resident of Nova Scotia. A copy of the instrument and of the affidavits and documents relating thereto, certified under the hand of the Registrar in whose registry the same were first filed, within 2 months from the permanent removal, in the registry of deeds for the registration district to which the personal chattels are removed, and, if this is neglected, the instrument will become null and void as against creditors of, or bona-fide purchasers from the conditional vendee (76).

Renewal Statement. In the North-West Territories, the bailor must, in order to keep good the registration of his lien agreement, file with the registration clerk within 30 days next preceding the expiration of two years from the date of the original registration, a renewal statement, verified by affidavit, showing the amount still due to him for principal and interest, if any, and of all payments made on account, and whether and to what extent the condition of the bailment is still unperformed (77).

If it is desired to continue the registration for more than one year from filing of such renewal state

(74) Con. Ord. N.W.T. 1898, c. 44, s. 2.

(75) N.S. Laws 1899. c. 28, s. 9.

(76) N.S. Laws 1899, c. 28, s. 9.

(77) Con. Ord. N.W.T. 1898, c. 44. S. 3.

ment, a similar statement must be sworn to and filed each year within the 30 days next preceding the expiration of a year from the filing of the last renewal statement (78).

In default of the filing in proper time of any renewal statement required by the statute, the seller or bailor will not be permitted to set up any right of property or right of possession in the goods as against the creditors of the buyer or bailee, or any purchaser or mortgagee from him in good faith for valuable consideration (79).

The renewal statement is made binding upon the conditional vendor as to any statement made by him or by his agent therein, and the goods are declared by the statute to be liable to redemption, upon payment of the amount actually 'due and owing' in respect thereof, or upon performance of the condition of the bailment by the buyer, bailee or any person claiming by, through or under him (80); and it is further declared by the Act that the seller or bailor will thereupon become divested of his property and right of possession, if any (81).

The intention of the Act seems to require that the words actually due and owing' should be construed disjunctively; the amount required to be paid before the vendor's right of property can be divested is not only the amount actually due, i.e., accrued due and then in arrear, but any other amount owing, an intention which, perhaps, might have been better expressed had the word "or" been substituted for the word "and" in the phrase quoted.

(78) Sec. 3.

(79) Con. Ord. N.W.T. 1898, c. 44, S. 3. (80) Sec. 5.

(81) Ibid.

If the seller or bailor, or his agent, makes any false statement in such a renewal statement, he becomes liable to a fine not exceeding $100 on summary conviction (82).

Release and Waiver. The mere taking of a promissory note for the purpose of closing an account is not conclusive that it was taken in payment so as to deprive the payees of the benefit of a conditional hire. receipt under which they retained a lien on the chattel until fully paid for (83).

The discounting of notes given to him on a conditional sale is not a waiver of the vendor's right of property reserved to him under the contract (84).

By an agreement signed by one Johnson, he acknowledged the receipt of a piano on hire of $6.00 per month of a piano valued at $300, which he was to pay to the parties from whom he hired it, if it were destroyed or not returned to them on demand in good order. It was also agreed that he might purchase it for $300 in two payments at future dates, but that, until payment of the whole purchase money, it was to remain their property on hire by him, and, on default. in the punctual payment of any instalment or of the monthly rental, possession might be resumed. After

a payment had been made on account of the purchase. money, and the giving of a land mortgage as collateral security for the balance, but under which the rights of the conditional vendors under the agreement were reserved, the vendors replevied the piano, and it was held that they might legally do so (85).

(82) Con. Ord. N.W.T. 1898, c. 44, s. 4.

(83) Nordheimer v. Robinson 2 Ont. App. 305.

(84) Mason v. Bickle (1878) 2 Ont. App. 291, followed in Hall Co. v. Hazlitt, 7 Ont. App. 749.

(85) Mason v. Johnson 27 U.C.C. P. 208.

A. purchased goods from B. and gave an acceptance for the price. Across the end of the acceptance was printed the usual lien clause reserving property in the vendor till payment. The acceptance was not paid at maturity, and subsequent to maturity, A. sold the goods to C., who purchased for value without notice. After the sale to C., B. sued A. on his acceptance, recovered judgment and placed a fi. fa. in the sheriff's hands, but nothing was realized on the execution. In an action by B. against C. for conversion, it was held that the recovery of judgment by B. against A. on the acceptance was an election to treat the contract completed, and passed the property, and that B. could not recover against C. (86).

Where a bicycle was the subject of a conditional sale and the buyer brought it back to the vendor for repair for which the buyer was to pay, it was held that the vendor by giving up the bicycle after it was repaired lost his lien for the price of the repairs, and that on his subsequently obtaining possession of the wheel upon the conditional sale contract, he could not hold it as well for the price of the repairs as for the balance of the purchase money (87).

(86) Purtle v. Heney 33 N. B. R. 607.

(87) Bloch v. Dowd (1897) 120 N.C. R. 402.

CHAPTER IV.

THE CONDITIONAL VENDEE.

Bailments. Bailments were divided into six classes by Lord Holt in his exposition of the law on that subject contained in the leading case of Coggs v. Bernard (1). These classes are as follows:

1. Depositum; or a naked bailment of goods, to be kept for the use of the bailor.

2. Commodatum; where goods or chattels that are useful are lent to the bailee gratis to be used by him. 3. Locatio rei; where goods are lent to the bailee to be used by him for hire.

4. Vadium; pawn.

5. Locatio operis faciendi; where goods are delivered to be carried, or something to be done about them, for a reward to be paid to the bailee.

6. Mandatum; a delivery of goods to somebody, who is to carry them, or do something about them, gratis.

Where the bailment is without reward, in order that the bailee may keep the goods for the bailor (depositum), the bailee is answerable only for his gross negligence, and not for any ordinary neglect (2). Whether there has been gross negligence is a question for the jury, and the fact that the bailee took the same care of the article as he did of similar goods of his own will not absolve him from liability, if the care he took was not such as a reasonable man would ordinarily take of his own (3).

(1) 2 Ld. Raym. 909; Smith's L.C., 10th ed. 167.

(2) Coggs v. Bernard 2 Ld. Raym. 909.

(3) Doorman v. Jenkins 2 A. & E. 256; Giblin v. McMullen L.R. 2 P.C. 317.