The Statesman.
London, England, 1819-10-28 00:00:00

LAW ZPITBLLIGENCB.

COURT or WINU'S BLUM, OCT. a

FLANIGAN V. WATISINS.
Thil was an action of debt upon s bond which •
lino• date the lids of March, 1811. nit bond. after
crating an indenture by *hick Mr. Watkins sups.
Weil to pay to a Mr. Martin. for • ipeeified co"
sideration. an annuity of 3101. a covenant on the
sett of Mr. Flatdiem, to pay Marlin the same salt
in rase Mr. Watkins did not, and a proviso, resetsinn
to Mr. Flai.imen and Mr. Watkins • power of ri•
rleratiog the annuity at their own pleasure, conteltiod
a clamp in click Mr. Walking, the Defendant in At
present action. wood himself in a pecuniary penalty
to Indemnify Mr. Flagigen fur any losses which
he might harm from this guarantee es aeon as he
should be rolled epos se to do. The declaration
rutted, that three distinct breaches e 1 this bond had
taken place ; fitsi, that when on March 5,181% elle
payment of the annuity had heron* dee, Watkins
had been enable, and the Plaintiff, Fissile's, had been
obliged to pay it ; secondly, that at a subsequent
period, when the annuity for four years and a rpm.
ter had become doe. the Plaintiff had been obliged
to pas Martin 12751; thirdly, that he hod trdeermil
the annuity for 9.911% bet had net writer! ally in.
&witty from the Defendant, either for that or the
two sums previously mentioned: It slits that
as the bond by these breaches had beeewso forfeited,
the Defendant bad become liable to pay the penally
of It. TO this declaration upwards of foot teen pleas
were pleaded, the majority of which originated from
circumstances connected with the Bankreptry of the
Defends". Demurrers were entered to several of
them, sod the question which case before the Coed
ots the arguing of the dente was this—whether,
under the Act of the 49,h of Geo. 111. e. MI. the
sore's under an ottotoisy deed, when the annuity was
redeemed after the bankruptcy of the grantor, may
en may not make good a cl4int against the grantor of
an annuity span an Indemnity bond, sotwididand-
ing thegrentee of thin onrush, has pored the valve of
the annuity under the C-mmiasion of Baokroptcy.
Mr. TINDALL, on behalf of the Plaintiff, main-
tained, that the sorely under such circumstances
could make good his claim. sad relied .p.,n the con.
streetion of the Bth and 17th section of the Act for
the defence of his argument. The case had also bees
decided before, sad tom precisely similar to dot of
Welsh and Welsh, in Mettle and Solwyst's Report%
iv. 333. where it had been determined, that a messy
in an annenity deed,who is compelled by the annuity
creditor, after the bankruptcy god allowame of the.
ceding", of the principal, to pay 'emit ewes fee
▪ sloe after the issuing of the Commissioo, is out
within the *mete of 49 Geo. II I. e. 121, and therm'
lure may have es action against the principal for midi
soma, and bold him to bail. There Lord
rough had said that the surety mold not compel the
stingily creditor to come In mid roes that it was not a
debt, pow, the surety, astil be was i• a condition to
be &moiled by it.
Mr. LITTLEDALI, en the other side, contended,
that the bankrupt sae barred by the certificate which
he had obtsined. The °fiend grantee having proved
the valets of the annuli!, lireteght the me within
the operation of the Bth section of the Act, and bed
that discharged the grantor from all demands. it
be IMO ant borne out in this doctrine ht the Sib,
be moat undoubtedly was by the 17th section. the
words of which ran shoe s—" It shall be comp,.
tent for soy annuity creditor of soy person aphid'
whom a Commission of Bonk rapt shall issue, who.
titer the sem shall be secured by brood or cove.
pant, or by bend and 5, or by whatever as.
latrinee or assurances the Miss shall be secured, god
whether there shall or shall not be soy arrears
of such annuity at or before the time of the bank.
'spicy, to prove under such Commission as • credi-
tor for the vale* of such annuity, which valet the
Commissiooers skill have power and are thereby re-
gaited to ascertain ; and the certificate of every
bankrept, under whose Commission sod proof shall
be or might have been mark, shall be a discharge of
such bankrupt spied all dements whatever in re-
spect of such tinselly, and the arrest' and Were
payments thereof, in the same manner as such cord-
firsts would discharge the bankrupt with respect to
any other debt proved, or which might have been
proved. seder the Commission." He argued that
this section, by giving the Commissioners power to
ascertain the WOO of the annuity, considered lbw
surety for the annuity is the ammo lighttos a surety
for debt, and thus isee the bankrupt all the *dna-
totes of the eighth send'.. is which he was espied,
liberated from the demands of all sureties for debts
compacted befalls his bankruptcy,• after he bad ob•
tained his orttilicale. He concluded his argument
by observing, that as the Act to gintillos was made
for the protection of bankrupts, it might to recelee
the most liberal construction is their &vote.
Mr. TINDALL in reply costended. that the whole
strength of his friend's argent" coedited Is Ratios
the value of an annuity a debt. New, this sae or-
toseoes. The Act had espeemily yarded against its
befog considered as such; and it costa mot be mood.
dated so at Common Law, kir its being uncertain
in its nature and dependent opens co aaaaa I. There
certainly was greet difficalty is the window ;..but the
diflicul'y arose from the defeidsoness of the Act.
The Judges consulted together fors few moments.
when the LORD CHILI JUSTICE said, that they we'll
consider of the subject before they gave their opinion
en it.

FATAL ACCIDENT —Aboot Eve o'clock oss Toes.
day morning last, es the Ripnn moo wagon Wee
OrPeding 10 YOlk, and was within aisle miles of
he Weer place, a woman, named Mary litrkvatih,
of Galley. near Ripon, who was seated Is trent of
the womtoo. onfortoostely fell with her face to the
groom!, and the wheels passed over her back. 'rho
/Wm not observing the dreadful circomstsote. pro•
ceeded until Wormed of it by a person who was fol.
Prolog with a cart, when the poor woman was taken
ts,) speechless, duvet alive, sod coat.) ad to Flitch.
er's N•ty lon, at Ship bridge. Medical advice was
Immediately solicited ; bet before Mr. Howell, the
',aspen, of Green llomontton, who was soot for,
could possibly arrive, the anforlowato women was
fir he) and the reach of Wean psis of of earthly
11,11:1111•