The Sun.
London, England, 1823-02-03 00:00:00

COURT OF KING'S BENCH, FEB. 1.

DOwfiSWELL V. IstPEY AND OTRERS.
The Loan Crtlir Juggles.: delivered the opinion of the
Court, to day upon this important case, which was argued
on demurrer last Trinity term. It was an action of tresspass,
for committing the plaintiff to Newgatc for not answering, to
the satisfaction of the defendants, certain interrogatoriesadmi-
nistered by them as Commissioner% of Bankrupts. The defend.
had pleaded first the general issue, not guilty, and second,
a speciul . plea, justifying the cemmitment by virtue of
their authority as Commissioners of Bankrupts. To this
latter plea the plaintiff demurred. In Trinity Term Mr. 'E.
Lewes was heard at considerable length in support of the de-
unmet.; and Contended, that this was a case in which trespass
would lie. That was the question for the consideration of the
Court. The Court was clearly of opinion that, as the act im-
puted to the - defendants had been done within the scope
of the authority given to them by the statutes concerning
bankrupts, trespass would not lie. Commissioners" of' Dank.
' rupts tf they exceed their authority from maliciotut motives,
are liable to criminal proceedings ; but not so if the excess
arises from error or mistake. An action on the case might
indeed lie upon them for the consequential damage arising to the
party from the excess of their authority ; but even then it must
be shown that their conduct was founded in malice. On this
latter question, however, the Court would give no decided opi-
nion, the point not being distinctly brought under their consi.
Aeration. Ore the short ground, that the defendants appeared
to have acted within the scope of their authority, it appeared to
the Court that judgMent ought to be pronounced in their favour ;
-and judgment was accordingly given for the defendants.
ARCHES COURT, Fin. 1.
RESTLTUTION OF CONJUGAL RIGHTS.
GILL v. GILL.
This was an act on petition arising out of the prayer of Mr.
Gill, 'the husband, to be dismissed from the suit.
Proceedings had been originally instituted by Mrs. Gill, the
wife, for restitution of eartiugal rights. To thus the husband
replied by a plea of infidelity, and witnesses were examined on
both sides. On the 4th of May, 1822, the Court pronounced
Mr. Gill's charge againiit his wife to be unfounded, and mo-
niehed him, as usual in such cases, to take ter home and treat
her with conjugal affection, and to certify that he had so done.
He had subsequently given in a certificate fon the 4th of No.
vember) and prayed to be dismissed; but. this prayer was op.
posed, an act on petition drawn up, and affidavits in its sup.
port brought in on hoth.sides.
Dr..liiewitt, on the part of Mtn. Gill, contended that the
husband's certificate was substantially contradicted. It appear-
ed by the affidavit.,, that on the 10th of May, Mrs. Gill *rote
to Mrs. Bullock, the housekeeper, at Okel.court, the usual
residence of her husband, stating her intention of coining
thither. Mr. Gill being absent, the housekeeper wrote for
Answer, that her master had directed that his wife should not be
received there. On the 16th of May, however, Mrs. Gill went
thither, and entered into the occupation of the house. Infor-
mation of this fact having been sent to 'Mr. Gill, he wrote
.various letters between the 4th and 16th of July, ordering that
no provisions should be supplied to Mrs. ; and that
all the doors, except those of her own bed-room and sitting.
room, should ,be locked.- She, however, remained there till
the ltith day of August, when Mr. Gill arrived, and, ac-
cording to his wife's statement, acted with so much per-1
weal violence to her that she found herself obliged to leave Okel.
court. After this Mr. Gill, it appears, went to another place
belonging to hint in Wales named Ribero, where he summoned
her to come to him which she declined. Her Counsel con.
tended that the circumstance! detailed in the a ,• vita would
lies atr„ction re, he, husband and chimldigrehnt
be
and she Merely prayed justify Mn. mu in praying a divorce by reason city; but
pronounced due
ire
alimony might
net be dismissed from
to her, and that her husband might
the tittle that she had
this Suit.
been compelled to quit the house ; and as
The COURT ordered that be should allow, her alimony from
the charge declaring her husband to be in contempt was not
pressed, the Court Arnold hold over that part of the cue,
that
order to allow the intervention of Mends to snake an amicable
arrangement which would be the most beneficial, as it was
perfectly hoiden, after what had taken place, that the parties
could again ive together and fulfil the duties of father and ma..
then with happiness towards each other or benefit towards their
children. Alimony was therefore pronounced to be due to the
wife, and the question of contempt left open.

s
COUNTRY MAR
_KrTS AND FAIRS,

DURING THE LAST WEEK.

LIVERPOOL CORN En'ilaNGE, Jan. 28.:
The wind having continued, until last night, from the east-
ward, has been the occasion of the smallness of our supply ;
however, it is now to the westward of south, and a rapid
thaw is going on. At to-day's market little was done in any
article, the dealers nolding off in expectation of a greater
choice of samples. Wheat fully maintains, its price, anti at
the conclusion of last week, the speculators were buying good
old Irish at 9d per. bushel advance on the prices of this day
aveek. ' Malt, Malting and Grinding Barley, Beans, and
Pease, we nominally rate as before. Good Flour is ready
sale, and Is. per pack dearer. All descriptions of Bonded
Grain appear to be on the rise, there being an opening for it
to some of the ports in Portugal, and the unsettled state of
affairs between France and Spain, should they terminate in
war, excite expectation of a mart for it.
Wheat, English,Old 6s 94 a 7s 04 per 70Ibs.
New 6s Gil a 6s 9i.1
Ditto sound Os 04 a Os Od
Scotch, Old 66 04 a 6s 6d
Foreign (in bond) 4s Od a Os Oil
Irish, Old ... ss Od a 5s 6d
New bs 3d a 6s 3d
Barley, English, Old
New
Irish, Old
New
Scotch, Old 3s 4d a 3s 6d
New
Oats, Potatoe, Old
New 2s 8d a 2s aid
Limerick, Old 2s 74 a 2s 8d
New
Welsh, Potato, New 2s Gd a 2s 8d
Malt, Fine
Ditto, middling Gs tid a 7s Gd
Beans, Old
New 2ss Od a 806 Od
Superfine Flour, Old
New 32s Od a 335 04
Oatmeal, Old —itOd a —s Od
New

Anierican Flour, sweet, (in bond), —s Od a —s Oil per barrel
of Mass net.—Sunr, (out of bond), 26s a 281.
Import of Grain fur the Week ending Jan. 27.
IVlteat Barley I Oats
.1 Flour I Scks Irish,
Bsh. 70Iba. 60Ibs. 45Ibs. Atu.gi Is. per 24014
16,700 4,730 8,840