An agreement intituled a "contract for hire" was entered into between Hugo Wertheim and one Martha Coulter on behalf of her husband Henry Coulter, whereby Martha Coulter certified that she had hired to use for the purpose of earning a livelihood a sewing machine of the value of 12l. 2s., on the terms and conditions — that she was to pay the owner 10s. a week as a first payment on account of the hire of the machine, and 10s. a month for its use and hire, such hiring to be determinable at any time at the owner’s option; if she should fail to make any of the payments the owner might at any time repossess himself of the machine without notice. If during the currency of the agreement, and provided she had duly fulfilled the conditions thereof, she should desire to purchase the machine she should be entitled to do so upon paying to the owner a sum which, including the payments made for its use or hire, should amount to the value of the machine above stated; but this clause should not, until and unless the same were acted upon, be deemed to give her any property in or right of ownership whatsoever over the said machine, and until a purchase were made she held the machine solely as bailee of the owner. The sum of 5l. 15s. was paid for its use and hire, and the balance of the 12l. 2s., viz. 6l. 7s., had become due therefor, and was unpaid. Wertheim then issued a summons in a police court against Henry Coulter to recover such amount, obtained an order therefor, and caused a distress warrant to issue. Henry Coulter then filed his schedule, and one Peter Virtue was appointed his official assignee, and as such took possession of the machine. Wertheim then took out a complaint before justices against him for its unlawful detention. The justices dismissed the complaint on the ground that the complainant had treated the agreement as one of sale and not of hiring, and had obtained an order for payment of the balance of the purchase-money. Upon an order to review such decision,