SERVANT.

See MASTER AND SERVANT.

-

SETTLED ESTATES.
Settled Estates Act-Life Tenant
-Lease by-Registration of Lease
-Death of Life Tenant before Reg-
istration - Invalid Lease-R.S.O.
1897, ch. 71, secs. 32, 42, 43-
R.S.O. 1897, ch. 330, sec. 24.]-A
testator devised lands upon trust
"to allow my wife so long as she
remains my widow and no longer
the use and occupation and the
rents, issues, and profits for her
own use absolutely." And he
directed that upon re-marriage or
death of his wife the land should
be sold and the proceeds divided
among his children. He died in
1897, and in January, 1906, his
widow leased the land for five
years with right of renewal, and
died in April, 1906. The lease was
registered in December, 1906.
The executors of the testator re-
ceived the rent monthly after the
death of the widow till February,
1907, when they sold the land:-

SPECIFIC PERFORMANCE.
See PRINCIPAL AND AGENT—
SALE OF LAND, 3—VENDOR AND
PURCHASER.

Held, that the land was a settled
estate within the meaning of the
Settled Estates Act, R.S.O. 1897,
ch. 71, and the estate during
widowhood was an estate for life
within sec. 42 of that Act, and
that the lease when registered
took effect, notwithstanding the
payment of rent in the meantime
to the executors, the rights of a
bona fide purchaser for value with- 29
out notice not having intervened.

Held, also, that if this were not
so the lease at any rate must be
considered in equity as a contract
for a valid lease, by virtue of
R.S.O. 1897, ch. 330, sec. 24.
National Trust Co. v. Shore, 177.

STATUTE OF FRAUDS.
See BANKS AND BANKING, 4.

STATUTES.

Car. 11 ch. 3, sec. 4 (Statute of
Frauds)..

See BANKS AND BANKING, 4.
30, 31 Vict. ch. 3, 1867, sec. 91, sub-
sec. 27 (British North America
Act, Imp. Act).

See CONTEMPT OF COURT.

38 Vict. ch. 75 (O.) (Union of Presby-
terian Churches)....
See WILLS, 4.

R.S.O. 1897, ch. 160, sec. 3, sub-sec. 2,
secs. 9-14 (Workmen's Compensa-
tion for Injuries Act).....

See MASTER AND SERVANT-NEGLI-
GENCE, 1.

53 Vict. ch. 31, sec. 73 (D.) (Bank Act, R.S.O. 1897, ch. 167 (Deserted Wives'
1890)..

53 Vict. ch. 31, sec. 46 (D.) (Bank Act, R.S.O. 1897, ch. 191, secs. 47, 49

See WATER AND WATERCOUR- heads past the lines of the car to
SES, 1, 2.

not deposit snow on any street,
square, highway or other public
place in the city of Toronto with-
out having first obtained the per-
mission of the city engineer:-

be held to know of such custom, | 55 Vict. ch. 99, sec. 25 (0.),
and should either remove all passed to construe the above,
obstructions from the side of the enacts that the defendants shall
track a sufficient distance to
avoid the probability of an acci-
dent, or prevent the passengers
from projecting their heads over
the side, or at least give proper
warning as to the danger. And
in every case the railway must
take all reasonable precautions
against an accident happening to snowfalls, or the large, to the sides
one who is acting as in the
ordinary course of affairs "in the
vicinage" it may be expected that
some will act.

The Massachusetts rule that it
is necessarily negligence for one
riding in a railway car to project
any portion of his person out of
the window not followed by the
Divisional Court. Simpson v.
Toronto and York Radial R.W
Co., 31.

Held, that there was nothing in
fendants from sweeping the small
the above to prevent the de-

of the road by means of an
electric sweeper, and (MEREDITH,
J.A., dissenting) the purpose of
the use of the sweeper altogether,
the application being to prevent
the appeal should be dismissed.

Per OSLER, J.A.:-When the

snowfall was less than six inches
at a time the company might
leave it at the side of the road
unless that would create a nuis-

ance.

Per GARROW, and MEREDITH,
JJ.A.: In all cases the company
was bound to remove the snow

and ice after sweeping it aside
that it be spread there. City of
unless the city engineer directed
Toronto v. Toronto R.W. Co., 205.

2. Removal of Snowfalls
Electric Sweeper-Construction of
Agreement-Deposit of Snow
Removal of 55 Vict. ch. 99, sec.
25 (0.). The agreement with the
plaintiffs under which the de-
fendants' railway is operated pro-
vides that the track allowances
shall be kept free from snow at the 3. Railways Accident
expense of the defendants, so that Negligence - Contributory Negli-
the cars may be in use continu- gence Non-disposal of
ously; and that if the fall of snow Questions in Issue-New Trial.]—
is less than six inches at any one The deceased, in attempting to
time, the defendants must re- cross over one of the streets of a
move the same from the tracks, city on which there were street
and shall, if the city engineer so car lines, passed behind one of the
directs, evenly spread it on the cars, and was just stepping on to
adjoining portions of the roadway the track on which cars coming in
but should the quantity of snow the opposite direction ran, when
at any time exceed six inches in she fell and was struck by an
depth, the whole space occupied approaching car and killed. In
as track allowances shall be at once an action brought to recover
cleared of snow, and the snow damages therefor, the jury, while
removed and deposited at such finding that there was negligence
points on or off the street as may on the defendants' part in running
be ordered by the city engineer. at too high a rate of speed, and

that there was contributory negli-
gence on the deceased's part in not
taking proper precautions before
attempting to cross, also found
that the defendants could have
avoided the accident had the car
been running at a reasonable rate
of speed. Upon their answers
judgment was entered for the
plaintiff:-

-

STRIKES.

See CRIMINAL LAW, 2.

SUBROGATION.

See BANKS AND BANKING, 2.

SURROGATE COURTS.
Held, GARROW, J., dissenting, Removal of Cause into High
that on these findings, the judg- Court-Will-Undue Influence-
ment could not be supported, and Value of Estate-Importance of
a new trial was directed. Hinsley Issues.]-Upon an application
v.London Street Railway Co., 350. under sec. 34 of the Surrogate
4. By-law of Municipality
Courts Act to remove a cause
Passenger Fares-School Children from a surrogate court into the
-Reduced Rates.]-Under a High Court, the importance of the
municipal by-law governing a
governing a case and its nature are not to be
street railway, it was provided tried on counter-affidavits: it is
that the ordinary cash fare should enough if it appears from the
be 5 cents, children under five nature of the contest and the
years of age, not occupying a seat magnitude of the estate that the
and accompanied by its parent, higher Court should be the forum
to be carried free; and for every of trial. Much is left to the
child under twelve years of age, discretion of the High Court
except as aforesaid, the fare Judge as to the disposal of each
should not exceed 3 cents. Tickets application.
were to be issued and sold at the
following rates: Ordinary tickets,
six for 25 cents, each ticket to be
taken for an ordinary 5 cent cash
fare; children's and school child-
ren's tickets ten for 25 cents, each
ticket to be taken for a 3-cent
fare, as above provided; working-
men's special tickets, eight for 25
cents, to be taken for a 5-cent
fare:-

Held, reversing the order of the
Ontario Railway and Municipal
Board, that the children entitled
to school children's tickets were
those under the age of twelve
years, and not those under twenty-
one, even though the latter were
actually attending school. In re
Township of Sandwich East and
Windsor and Tecumseh Electric
R.W. Co., 641.

And where the contest was over
the will of a widow, whose hus-
band died in 1905, leaving to her
an estate valued at over $27,000,
which had shrunk at her death in
1907 to $5,850, and the allegation
was that she had not been able to
protect herself against the undue
influence of the chief beneficiaries,
her two sons, to whom it was said
a large part of her husband's
estate had been transferred in her
lifetime an order was made for
the removal of the cause into the
High Court. In re Reith et al. v.
Reith et al., 168.

See EXECUTORS AND ADMIN-
ISTRATORS.

TENANT.

See LANDLORD AND TENANT.