Star.
London, England, 1830-06-26 00:00:00

?HZ ZING V. MALT AND OTHERS.

The Avroaxex-Ozwitxm. said, their lordships would recollect
that they had appointed this day for passing judgment upon these
defendants, two of whom were then waiting.
Lord TxrerzaDtx—There are only two more London new
trials ; had we not better dispose of them first, Mr. Attorney ?
The ATTORNEY-GENERAL mentioned the ease now, to say,
that his learned friend Mr. Hutchinson had an affidavit, stating that
Fox, one of the defendants, was of a typhus fever, and that be
had bled three times.2rather $ curious remedy, I should think,
said the learned counsel. _ _ _ _ _

Mr. ADOLPHUS said be was counsel for the defendant Hodg.
son, and if there wu a probability of the case going over to
Michaelmas Term, he did hope the Court would allow him to be
liberated on giving bail.
Lord TinrEanzw—Why I think that is only a reasonable re.
quest, but it must be good bail, vary good.
The Arroawstr-Octrznat.—% e have tried every possible
means in out power to give the other defendants notice to appear to
receive judgment, but without suers's; they carefully evade us.
Your Lordships will therefore think It necessary to stand over for
some time. . . . .

Mr. Alto Leans salted what sum would be required; he hoped
the Court would not press hard upon the defendants ; at the same
time he was aware of the necessity of their Lordships seeing that
justice was not trifled with.
Lord Tex-rem:sax said he considered the share that Hodgson
took in the conspiracy in somewhat a more favourable light than of
the others; the Court would therefore take his own recognisance of
2001. and two sureties of 1001. each. or four of 501. Sufficient
11 notice, however, must be given to the prosecutor.
COURT OF, COMMON PLEAS, Joys 25.
_ xotriet APPLICATIOX!-NASII V. ROLLAND.

Mr. Sergeant 'LIDDY said he had to make a rather novel appli-
cation to the Court. Re was instructed to move for a rule to show
cause why a warrant of attorney given on an annuity deed should
l not be set aside, on the ground that the deed showed usury on the
face of it. The object of the application was to prevent the entering
up of judgment. The alleged usury consisted in a covenant having
been given for an annuity of 1201. for a consideration of 1,0001. the
granter undertaking to insure the continuance of the said annuity
during the lifetime of three nominees, and Author to insure the lives
of the annuitants. Ile (the learned counsel) need scarcely remind
the Court that the fundamental principle upon which all annuities
were granted, he meant hazard, was in tbe present instance entirely
done away with, inasmuch as the grantor had not only given his
own personal security, but also the collateral 'emiry of a third
party—the Insurance Office ; so that it was obvious the principal
(1,0001.) was completely removed from any thing like risk. The
covenants furnished as a remedy, not simply against the grantor,
but also against the Insurance Office.
LORD CIIIIT JUSTICE-4 cannot help thinking that neverthe.
less the annuity is hazardous ; if the grantor were to die, the prin.
cipal would of course be lost ; all, therefore. upon which you rely
is the collateral remedy, which is given by the covenant, against a
third party, to recover the 10001.2_
imr, Sergeant Tenn—Four Lordship will perceive that the
covenant secures the payment of the annuity, not simply during the
lifetime of the original grantee, but also during the lifetime of the
two nominees ; and this not on the responsibility of the grantor
alone, but likewise on the insurance office. The grantor is already
dead.
Loan CHIZT JIIITICICThen, I suppose Mrs. Nash is the
executrix of the grantor, who you say is d,,a and does not wish that
the warrant of attorney should bang over the assets?
Mr. Sergeant TannY—Precisely so, my Lord.
The Court eventually granted a rule to chew cause; at the same
time recommending the Learned Sergeant to offer to make a repay-
ment of the principal with interest, as it was the opinion of their
Lordships, that after the delay inseparable from the present pro-
ceedings this would, in all probability, be the result of the appli.
cation.