no change should be valid until it was reported to the grand recorder, and the certificate filed with him, and he had issued a new certificate. Held, that a new certificate issued in conformity with such provision was valid, in the absence of fraud, although the recorder had failed to witness the request for the change, and had signed and sealed the attestation out of the presence of the assured member.

* *

Statute-"Relative "--Step-Son.-A son is a relative of his stepfather, after his own mother's death, within the meaning of Acts 21st Gen. Assem. c. 65, sec. 7, providing that "no corporation or association organized * under this act shall issue any certificate of membership or policy to any person, unless the beneficiary under said certificate shall be the husband, wife, relative, legal representative, heir, or legatee, of such insured member."

Simcoke v. Grand Lodge A. O. U. W. et al. (Iowa S. C.), 51 Northwestern Reporter (Feb. 20, 1892), p. 8; 15 Lawyers' Reports, Annotated, 114.

By-law. Notice of Assessment.-Under by-laws of a mutual benefit association, requiring notice of an assessment to be given to members, but without prescribing the form, a notice specifying the number of the assessment, and bearing the seal of the association, received by a member, enclosed in an envelope addressed to him at his residence, is sufficient, although not signed by the officer whose duty it was to give the same, nor addressed to the member upon the notice itself.

Same-Same-Defects in Notice-Waiver.-Where a member of a mutual benefit association has been suspended for non-payment of an assessment, an application by him for a re-instatement operates as against the beneficiary, as a waiver of defects in the notice of such assessment.

Same-Suspension.-The association had two sets of rules or bylaws, one governing a widows' and orphans' fund, the other a sick benefit fund. The former provided for the suspension of a member for the non-payment of an assessment, and the latter provided for the payment of dues and fines, and declared that a member entitled to sick benefits should not become in arrears so as to debar him from receiving them. Held, that a member entitled to sick benefits might be suspended for nonpayment of an assessment.

Hansen v. Supreme Lodge Knights of Honor (Ill. S. C.), 29 Northwestern Reporter (March 11, 1892), p. 1121.

Certificate-Constitution-Measure of Recovery.-The certificate declared that the amount therein mentioned should be paid from the death fund at the time of death, or from any moneys realized to the fund from the next assessment, and that "no claim should be otherwise due or payable except from the reserve fund, as hereafter provided." It also provided that if the death fund was insufficient to meet existing claims for death an assessment should then be made upon every member at the

date of the death last assessed for, and 80 per cent. of the net proceeds thereof should go into the death fund. The constitution provided that the death fund should be used only for the payment of death claims; that payment should be made to the beneficiaries, of the amount to which they were entitled, according to the terms of their certificates; that so long as the mortuary fund was sufficient to pay existing claims no assessment should be made; and that, whenever a single assessment was insufficient to meet a death claim in full, there should be paid in full satisfaction of said claim a sum pro rata of the membership and benefits in force at the time of the death. The company required each person proposing to become a member to pay what was called "the first assessment." The insured was the first member to die, and the death fund at his death was insufficient to pay the claim, and assess ments were made to meet it. Held, that the claim was not satisfied by paying the amount of the death fund on hand, and the proceeds of the assessment made to meet it should be appropriated to the full satisfaction thereof. 9 N. Y. Supp. 711; 31 N. Y. St. Rep., 185, affirmed.

Wadsworth v. Jewelers & Tradesmen's Co. (N. Y. C. A.), 29 Northeastern Reporter (March 11, 1892), p. 1104; 42 New York State Reporter (March, 1892), p. 765.

Change of Beneficiary-By-law. The by-laws of the society provided that in order to change the beneficiary designated by a member, he might, at any time, surrender his certificate, and a new one would be issued, payable to the person designated. After the death of a member, who was a widower at the time of joining, it was found that he had inserted the name of his second wife in the blank space following his daughter's name, the original beneficiary. Held, that the beneficiary could not be changed secretly and without the consent of the order, and it was under no legal liability to pay the widow any part of the money due upon the certificate. 38 N. Y. St. Rep. 867; 15 N. Y. Supp. 15, affirmed.

Thomas v. Thomas et al. (N. Y. C. A.), 42 New York State Reporter (March, 1892), p. 873; 30 Northeastern Reporter (March 18, 1892), p. 61; 21 Insurance Law Journal, 464.

Notice of Assessment-Constitution.-The constitution of the defendant provided that "notices of assessments shall be sent by the financier not later than the eighth day of the month in which the notice was issued by the grand recorder, and payment shall be made not later than the twenty-eighth day of said month in which said notice of assessment was given." On or about the twelfth of the month the financier mailed a postal card containing the notice of an assessment to the assured member. Held, that the requirement of the time within which such notice should be sent is in its nature directory, and not essential.

Same-Same.--In this case the defendant's constitution was construed as allowing twenty days for the payment of an assessment; but

whether this time is to run from the time of mailing the notice or of its receipt, is not decided.

Same--Presumption of Law.-Notice sent by mail is effectual if received; and it is presumed as a fact that it is received when it is shown to have been properly mailed.

Non-Payment of Assessment-Forfeiture.-The evidence showed that an assessment was called for by the grand lodge. At a meeting of the subordinate lodge, of which the assured was member, notice of such call was given, and an "assessment" was then required therefor, as shown by the record of the lodge. After the meeting, the financier, as was his custom in such cases, had notices printed on postal cards, addressed them to the members, including the assured, and deposited them in the postoffice at S., where the assured lived. These notices were dated as of the 8th of the month. These were mailed not later than the 12th of the month. These required the assessment to be paid "not later" than the 28th of the month. No other notice was given to the assured. The assured failed to pay the assessment, and lived some six years thereafter, having never attended any meeting of the lodge. At a meeting on the 29th of the month the assured was declared suspended for non payment of the assessment. Held, that the evidence showed a forfeiture of the certificate.

Benedict v. Grand Lodge, A. O. U. W. (Minn. S. C.), 51 Northwestern Reporter (March 12, 1892), p. 371; 21 Insurance Law Journal, 438.

Death of Insured Caused by Beneficiary-Rights of Parties.— The executors of a person who has effected an insurance on his life for the benefit of his wife can maintain an action on the policy notwithstanding the fact that the death of the insured was caused by the wrongful act of the wife. The trust created by the policy in favor of the wife under the Married Woman's Property Act 1882, c. 11, having become incapable of being performed by reason of her wrongful act, the insurance money forms part of the estate of the insured; and, as between his legal representatives and the company, no question of public policy arises to afford a defense to the action.

Cleaver v. Mutual Reserve Fund Life Ass'n (Eng. C. A.), 45 Albany Law Journal (March 19, 1892), p. 257; 1 Queen's Bench Law Reports (Feb. 1 1892), p. 147

Change of Beneficiary-By-Laws.-The only mode provided by the By-Laws of a beneficial society for the change of beneficiary named in the certificate was by authorizing such change on the back of the certificate in writing, in a prescribed form, attested by an officer of the society. One of the members, immediately before his death, desiring to change the beneficiary named in his certificate, which had been lost or mislaid without his fault, after unavailing search for it, executed a will

whereby he bequeathed the benefit money to the person intended to be substituted. Held, on bill of interpleader by the society, that a court of equity should recognize the disposition by will as a valid designation of a new beneficiary.

Grand Lodge A. O. U. W. v. Noll et al. (Mich. S. C.), 51 Northwestern Reporter (March 5, 1892), p. 268.

Recovery of Premiums-Wrongful Declaration of ForfeitureEvidence. In an action to recover the amount of premiums paid, with interest, the evidence showed that, the defendant executed to plaintiff, on the life of his father, a policy of insurance which provided, among other things, that defendant's By-Laws were to be deemed a part thereof. One of the By-Laws offered to holders whose policies had been forfeited an opportunity for re-instatement, but did not expressly state on what terms. The mortuary notices to plaintiff recited that "no payment will be received, or re-instatement made, after the last day of payment, except on the condition that the insured is alive and in good health." Plaintiff failed to pay a premium when it became due, and defendant declared his policy forfeited. Plaintiff applied within a reasonable time for re-instatement, and offered to show that the assured was alive and in good health. Defendant refused to re-instate, claiming that plaintiff's father was beyond the age at which it would write insurance. Held, that defendant's refusal to re-instate constituted a breach of its contract with the plaintiff, and the plaintiff was entitled to recover the amount paid thereon, with interest.

Lovick v. Provident Life Ass'n (N. C. S. C.), 14 Southwestern Reporter (March 8, 1892), p. 506; 21 Insurance Law Journal, 332.

Charter-Beneficiary.-Where the decedent was a member of a benefit society, whose charter declares its purpose to be to accumulate a fund to be paid to the representatives of a deceased member, and whose constitution declared "its object" to be "to provide for the family or heirs of a member,” and also that the "heirs, in case there is no widow, shall receive" the death benefits, and further that "those persons who are legally entitled to receive the funeral benefit" shall notify the society of the death, the executor is entitled to receive out of the benefit due from the society an amount sufficient to pay the funeral expenses.

Oelsen et al. v. The Schiller Death Beneficial Society (Lancaster Co., Pa., C. P. C.), 9 Lancaster Law Review (March 7, 1892), p. 113.

By-laws-Suicide.—Where a person who is a charter member of a benefit association has his attention called to the constitution and laws of the association, and especially to a section which declares that no benefit shall be paid upon the death of a member who commits suicide, and some weeks afterwards a benefit certificate is issued to him upon condition that he comply with all the laws of the association, the said

section as to suicide must be considered as a part of the contract between him and the association.

Policy-Suicide-"Sane or Insane."-A life insurance policy which is to become void if the insured commits suicide, sane or insane, does not cover a death by suicide which is the result of insanity, unless the insured is unconscious of the natural consequences of his act which caused death; and the fact that he had sufficient intelligence to employ a rope, and adjust it so as to hang himself, shows that he was not unconscious of the consequences. Streeter v. Society, 31 N. W. Rep. 779, €5 Mich. 199, followed.

Sabin v. Senate of the National Union (Mich. S. C.), 51 Northwestern Reporter (Feb. 27, 1892), p. 202.

Action for Dissolution of Society-Evidence.-The president of the society had disregarded the rules thereof and was expelled from the chair. Thereupon he called another meeting, and, at such meeting, resolutions were passed to dissolve the society, and distribute the funds among the members. In an action for dissolution of the society, Held, that it is not ground for the dissolution of a mutual benefit association that its members, in violation of its by-laws, deposed its president, without preferring written charges against him, where he put the motion to oust himself to vote, and, upon declaring the result, retired from the chair, and participated in subsequent meetings without asserting his right to preside, as he thereby acquiesced in his removal, and will be presumed to have resigned in the interest of harmony; nor was the dissolution of the association affected by a vote in favor thereof at a special meeting called by said deposed president, whom the society no longer recognized as president, and of whose claim to office it had no knowledge.

Industrial Trust Co. v. Greene et al. (R. I. S. C.), 23 Atlantic Reporter (April 20, 1892), p. 914.

Rescission of Contract-Acquiescence in Change-Evidence.— In an action to recover assessments paid, the plaintiff alleging breach of the contract, the evidence showed that the plaintiff had paid the assessments for three years after the change which she alleged as cause of action. Held, that if the plaintiff intended to claim that her contract relations were changed to such an extent as to give her the right to rescind the contract, she must exercise that right within a reasonable pe riod, and not continue to treat the alleged changed contract as still in force; and, having continued to treat it as still in force by paying assessments for about three and one-half years after the change was made, she is bound by that contract and can not now rescind.

Margut v. United Brethren Mut. Aid. Soc. (Pa. S. C.), 23 Atlantic Reporter (April 20, 1892), p. 896; 1 Advance Reports (April 15, 1892), p. 533.

Statute-Distribution-Will.-On May 26, 1885, the testator insured in the Canadian Mutual Aid Society and received a certificate