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Set and Secure all files in the directory that are upgraded. We are no longer able to accept new members. The homepage's Last Date Modified Time/Ping is 2017-08-21 06:40:41. of the act is somewhat unclear and the legislative history does not indicate the purpose of the act. But, the act is enacted to prevent those who do the wrong from escaping. In the case of Gunter v. Washburn (1909), 43 App. D. C. 342, the court was concerned with whether a person who had violated the right of another to peace and quiet would escape from the penalty if he made a settlement with the person injured and there was no action brought for the injuries. The court held that it would not. The basis of the decision was that the settlement did not give the person doing the wrong any advantage and did not prejudice the injured party. The act as now codified is of the same nature. The statute provides that the person liable for the injuries shall give security for the payment of the judgment. A promise to pay the judgment is not a release or an accord and satisfaction. The promise is a mere engagement to pay and must be in writing. Harris v. No. Bank, 12 Wash. 240, 41 Pac. 757, 55 Am. St. Rep. 585; Schott v. Eklof, 51 Wash. 25, 97 Pac. 617. However, it is generally held that the giving of security for a payment made to protect the injured person from financial loss will constitute an accord and satisfaction as to the payment. One who gives security does not do so to protect himself from the payment of the judgment but to protect the injured person from the latter's detention of his money. In the last analysis, the decision of whether or not the liability has been discharged depends upon whether or not the party who settles has a right to be released from the payment of the judgment, and not upon whether or not he has a right to be released from the payment of the judgment. The fact that Mrs. O'Neil sued in her own name and the plaintiff was not named as a party does not make any difference. The fact is that she had a right to be released from the judgment in her own name. She has a legal right to be released from the payment of the judgment and this right cannot be terminated by the mere fact that she has brought suit for the injuries and named the plaintiff as a party. The giving of security is the procedure that gives

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