plaintiff's ability to support herself was not made out beyond reasonable doubt interim alimony was allowed. Quinn V. Quinn, 12 O. W. R. 203.

APPEAL―Jurisdiction-Amount in Controversy.] — Before trial, plaintiff reduced her claim for damages from $10,000 to $1,999. She obtained judgment for $1,333 and costs. An appeal to the Supreme Court of Canada was quashed, that Court holding the amount in controversy to be $1,999. See s. 46 (c) R. S. C. (1906) c. 139. Montreal v. Labrosse, 5 E. L. R. 101.

ASSIGNMENT-Partnership—Creditors Ranking on Estate of Individual Partner.]-S. and M. carried on a partnership business. S. also conducted another business by himself. The partnership being indebted to the plaintiffs, gave them joint and several notes on which plaintiffs recovered judgment against S., whose estate as well as partnership were each insufficient to pay respective creditors in full. While partnership business was being carried on S. made an assignment for the general benefit of his creditors. Under section of the Assignment Act the plaintiffs are not entitled to rank as creditors on the separate estate of S. in the hands of the assignee. Frost v. Stoddart; 12 O. W. R. 230.

BREACH OF CONTRACT-Loss of Profits.]-On breach of contract for delivery of a gasoline engine, only the profits which are the direct proximate natural and probable result and which fairly entered into the contemplation of the parties, are recoverable. Finn v. Dyment, 12 O. W. R. 192.

CONDITIONAL SALE-Warranty-User.]—Notwithstanding that a conditional sale contract contained the words "the above order contains all the conditions in connection with the purchase," implied conditions and warranties were taken into account in the construction of the contract. Bell v. Goodison, 12 O. W. R. 477.

COSTS-Set-off.]-The costs of an appeal to a Divisional Court ordered to be paid by plaintiff to one defendant were set off pro tanto against the costs up to the trial ordered to be paid to plaintiff by the two defendants. Pringle v.

Olshinelsky, 12 O. W. R. 197.

CRIMINAL LAW-Theft of Hay Grown on Indian Reserve.]-Whether complainant has a legal title to the hay or not is not essential-he was in possession and accused cannot set up jus tertii against such an one unless taking was

effected with or in belief that he had authority of third person. In prosecutions for theft magistrates should carefully note ss. 778 and 782 of Criminal Code. If there was some evidence on which a magistrate could act conviction will not be quashed. Rex v. Beboning, 12 O. W. R. 484.

DIVISION COURT-" Two Clear Days" Notice.]—A motion for summary judgment in a Division Court case was served on the 1st of May and was heard and disposed of on the 4th of May. The 3rd of May was a Sunday. Held on motion for prohibition that the Division Court Judge was not bound to apply high court rules respecting exclusion of holidays. Holidays are not excluded at common law and as under s.s. 18 of the Interpretation Act, where the time limited for doing anything expires or falls on a holiday the next following day is included, there is a strong argument that Sunday in this case should be included. Re Stoddard v. Eastman, 12 O. W. R. 226.

FRAUD-Agent.]-The principal is answerable for the fraud of his agent whether or not he was a party to or cognizant of the fraud. Lamont v. Wenger, 12 O. W. R. 481.

FRAUD-Voluntary Gift Undue Influence.] - Fraud will not be presumed in a voluntary conveyance by a parent to a child. In every voluntary gift the donee must be prepared to show that all was done voluntarily, deliberately and knowing what was done, or transaction cannot stand. This case contains an exhaustive examination of circumstances in connection with undue influence in obtaining voluntary conveyances. McGaffigan v. Ferguson, 5 E. L. R. 105.

LAND TITLES ACT-Easement.]-Wheeldon v. Burrows, 12 Ch. D. 33, applies to lands under the Land Titles Act. If an easement appurtenant to land being registered appears in the land certificate that does not separate the easement as a new subject of land certificate from the tenement subject to it. McClellan v. Powassan, 12 O. W. R. 473.

LANDLORD AND TENANT-Lease of Farm for PastureTitle to Severed Hay.]-In an agreement were the words "M. rents from B. lot 3 for pasture purposes." Instead of pasturing entire farm M. cuts hay on part of it. Held, that the affirmative words "for pasturing purposes" negatives its user for other and inconsistent purposes and is equivalent to an express agreement to use the land for no other purpose. The parties are landlord and tenant, there

fore M. owns the crop, but under the circumstances was restrained from disposing of it or the landlord could have a declaration for damages. Bradley v. McClure, 12 O. W. R. 215.

MUNICIPAL CORPORATION-Temporary Loan.]-A contract entered into by which plaintiffs made a temporary loan to the defendant municipality to complete certain local improvements in progress when the by-law was passed author-. izing the borrowing, was held valid. Even if the municipality were not liable under the contract they were liable to the contractors and the plaintiffs would be entitled to be subrogated to the rights of the contractors who were paid out of the moneys advanced by the paintiffs. Equity v Weston, 12 0. W. R. 221.

NEGLIGENCE-Motion for New Trial.]-Under article 508, C. P. par. 3, verdict set aside as one which twelve reasonable men could not properly find and as no further possibility of any additional evidence, action was dismissed. Baker v. Canadian Rubber Company, 5 E. L. R. 141.

REFORMATION OF INSTRUMENTS-Division Court Execu tion.]-Some land had by mistake been omitted from certain conveyances and mortgages. A Division Court execution creditor of the original owner of the land seized and sold the land so omitted under his execution issued, in contravention of s. 223 (2), of the Division Court, Act. The sale was set aside and all instruments reformed. Shepphard v. Shepphard, 12 O, W. R. 186.

SALE OF GOODS-Bill of Lading-Possession -Specific performance of sale of goods directed.]—Where two parties claimed to be purchasers, the one having actual possession will be preferred if possession is in good faith. Having bill of lading is only constructive possession. Sapery v. Simon, 5 E. L. R. 143.

SALE OF GOODS-Implied Warranty as to Quality.]—To get rid of the implied warranty that articles of food should be reasonably fit for the purpose for which they were supplied, there must be a clear and distinct agreement to that effect between vendor and purchaser. Windsor v. Simmons, 5 E. L. R. 139.

SALE OF GOODS-Stallion-Construction of Warranty.]Defendants sold plaintiffs a stallion, warranting certain foalgetting qualifications, and agreeing to supply another stallion

if first not satisfactory. The horse having died it was held that an action for damages for breach of warranty was maintainable. The warranty is absolute and the right to return optional or collateral and therefore not the only remedy. Gunby v. Hamilton, 12 O. W. R. 489.

STREET RAILWAYS-Contributory and Concurrent Negli gence.]—At the trial plaintiff recovered judgment for $1,500 damages for death of her husband. In answering one question the jury laid the cause of injury to the negligence of the deceased, in another question to the defendant's negligence, but in their answers to other questions the preponderance of negligence was placed on the defendants. The Court divided equally. This is not a "last chance” case. O'Leary v. Ottawa, 12 O. W. R. 469.

TAX SALE-Occupied and Improved Land Sold as Vacant Land.]-On the land in question there was ample personal property to pay all taxes imposed and unpaid. These taxes could have been made by distress. A tax sale of land built on and occupied as this was when sold for taxes as vacant land, was held to be invalid. Radford v. Disher, 12 O. W. R. 207.

TENANT FOR YEARS-Owner of Dominant Tenement.]Held on demurrer in an action for trespass to land that it is only the owner in fee, not a tenant for years, in whose favour a lost grant or 20 years' user is presumed. McKinnon v. Clark, 5 E. L. R. 102.

TRANSFER OF MINING LOCATIONS-Statute of Frands.] -Transfers of mining locations come within section 4 of the Statute of Frauds. To let in parol evidence of an agreement part performance must first be proved and the acts relied on as part performance must unequivocally and of their own nature refer to the agreement. Harrison v. Mobbs, 12 O. W. R. 465.

VOLUNTARY HANDING OVER OF CHATTELS TO MORTGAGEE -Attack by Unsecured Creditor.]-A mortgagor voluntarily gave up possession of his stock in trade to a mortgagee to whom he was also indebted on an open account. Plaintiff. an unsecured creditor, sued to set aside bill of sale. Held that he could not succeed; that the defendants having the property under their chattel mortgage, and possession now having been given to them, were entitled to sell the goods. retain the amount of their mortgage and also their unsecured

account, as the right of set-off is preserved to any creditor of an insolvent. Robinson v. Wilson, 12 O. W. R. 198.

WILL-Restrictions on Sale-Disposition of Proceeds.]— Two sisters were held entitled to a fund, they having been given under the will the income thereof in perpetuity and there being no gift over of either corpus or income. Lands were devised in fee simple to a son, but not to be sold for five years unless with two sisters' consent. The son predeceased the sisters. As the conditions were personal it must be construed strictly, and on his death the lands passed freed from all conditions. Re Attrill, Heaton v. Toronto, 12 O. W. R. 204.

BROKER-Middleman-Commission.]-A middleman is a distinct class of broker. His duty to the vendor ends as soon as he has brought vendor and purchaser together. The vendor cannot recover from the middleman any commission the latter may get from the purchaser. Green v. Michie, 12 O. W. R. 210.

WINDING-UP-Contributories-Payment by Set-off.] — A firm agreed to sell its assets to a company, being organized for 300 fully paid up shares. On application for charter each partner subscribed for two shares, it being agreed that in lieu thereof he was to receive two of the said 300 shares. Un winding up it was held competent for the company to exchange paid up shares for each partner's obligation to pay for the two shares subscribed for. Re C. B. C. Corset Company, 12 O. W. R. 185.

WINDING-UP-Mechanics' Liens.] A mechanic's lien filed after commencement of winding-up proceedings was vacated as rights of claimant could be asserted in the winding-up proceedings. Re Haileybury Rink Co., 12 O. W. R. 197.

WINDING-UP PROCEEDINGS-Creditors Disputing Validity of Debentures.]-An outside bona fide holder for value of debentures issued by a company, has a right to assume as regards the internal management of the company's affairs that everything has been done which ought to have been done. He is bound to see that the power to issue debentures exists and has not been exceeded. He need make no inquiries as to its due exercise. Creditors have no locus standi to attack such debentures. Holders for value without notice of any equities are entitled to prove in any liquidation for the amount due free from equities, although the