REPORT OF THE SUPERINTENDENT.   xlv

the assured, and was not to be willed or transferred to any other person. By his will the deceased purported to give to his widow the amount of this and another insurance, subject, however, to the payment of his debts :----Held, that the policy was capable of being controlled by conditions not set out upon its face, because sec. 4 of 52 Vie., ch. 32 (0) amending the Ontario Insurance Act R. S. 0. ch. 167, applies only to the companies to which the latter Act applies; and as the insurance and the rights of the parties under it did not depend upon anything contained in the Act to secure to wives and children the benefit of life insurance (R.S.O., ch. 136), it was not necessary to consider whether it was brought within the scope of that Act by its amendment by 51 Vic., ch. 22, sec. 2, (0) ; and, therefore, the binding terns of the contract were to be formed upon its face and in the rules of the society, which formed part of the contract

also that under the terms upon which the society agreed to pay this money, the insured had no power to bequeath any part of it to his executors or his creditors, and the society had the right to say that their contract was to pay the money only within a certain class ; that the insured had no right to substitute a beneficiary outside that class; and therefore the money belonged to the widow free from the obligation to pay debts.

(June 12th, 1595. Mr. Justice Street ; Morgan r. Hunt, 26 Ontario Reports, 368. )

(e.) An application by the Provincial Provident Institution to pay into court the sum of 82,000 moneys arising from an insurance certificate on the life of one Clark, deceased, less 890.26, the amount of a note given by the insured in order to secure and stay the enforcement of a judgment against hint on a debt due to the institution by the insured, not, however, for assessments on the policy. The moneys arising from the certificate were designated in favour of the wife and children of the assured. A by-law of the institution provided that "any debt, dues or demands contracted by a member, beneficiary or beneficiaries with the institution, shall be a charge upon or warrant a suspension of his certificate."

Held, That the Provincial Provident Institution has no power to make a by-law which will do away with the effect of sec. 39 of 55 Vie., chap. 39 ; that without that section it is contrary to the spirit of the Act to secure to wives and children the benefit of life assurance (R.8.0., chap. 136) to authorize anything on the part of the assured which will subvert or interfere with the amount payable under the policy for the benefit of the wife and children ;

Held, also, the institution must pay the whole amount secured by the policy into court, with costs of official guardian to him.

(18th ,June, 1550.—Robertson, J. ma' Clarke and Provincial Provident Institution, 15 Canadian Lake Times, p. 239.)

2. ASSIu LAMENT OF LIFE POLICY.

Where a non-negotiable chose in action (in this case a life insurance policy) is absolutely transferred by writing for value, and the transferee again absolutely assigns it for valuable consideration to another person, who takes without notice, he obtains a valid title to it, free from any latent equity between the original assignor and assignee. In iv Agra and Masterman's Bank, L.R., 2 ch., at p. 397, specially referred to. (January 11th, 1896. Common Pleas Division : Quebec Bank vs. Taggart et at., 27 Ontario Reports, p. 162).

3. PAYMENT OF PREMItiMS.

(a.) The following judgment of Chief Justice Meredith in the case of Fleming vs. the London and Lancashire Insurance Company, is taken from the Montreal Share-holder and hnsnranee Gazette of 20th March, 1896. Decisions in se veral cases some what similar have been published in previous years, in which the court found in favour of the companies. As, however, in the present case the learned Chief Justice has decided in favour of the plaintiff and against the defendant company, his judgment is given in full as follows :

11th March, 1896. MEREDITH, C.J.

Action tried before me without a jury on the 27th January last, at the Toronto assizes. The action is brought to recover the amount of two policies of insurance of the defendants on the life of James Fleming, dated the 4th of December, 1894, for 85,000 each.

The applications for the insurance were male by Fleming on the 19th November, 1894, to W. H. White, who was the defendants' general agent for the district of Toronto and vicinity, and the premium payable in respect of each of them was 8105.80, fifty-five per cent of which the agent was