The Statesman.
London, England, 1823-08-06 00:00:00

COURT OF CHANCERY, AUGUST 5.
—asausa,-.
!MUT V. STRUT.
Mr. Harr applied for a writ of we treat regao, on he-
halrof MM. Hrusills Street, to restrain her freehand from
going out of the country. The plaintiff hsd obtained a de-
crest aralost Mm on srconnt of his adnheries, awarding se-
pallier, and alimony, in the C,onsistory Conn of the rho-
ergs tif Exeter, and he had appealed against it in the supe-
rior Eeeleriasticaf Court; and the writ was moved for, in
the prrs'nt fastener, on secteent of arivars of the interim
alimony ordered by the Spivitttal Conn, ?vacate life, td.
tether with some roue in the proceeding., the defendant
/urine given good matins to believe that he was shoot to
tell his property and quit the kingdom, in order to avoid
compliance with the decree. A motion had been made it
• the Vice.Chaneellor's Court. where it had been gnashed
The question here was the same as that which was before
his Honour, and come eases were cited in which this Court
Lad shown its reoLn•ers to aid the Spiritual Courts in en-
forcing their decrees in cases of this nature, those Cordite
being without the means of compelling obedience to their
own sentences.
The LORD CHANCeLLOR said that it was a great question
if this Court had ever granted a writ of ne exeat re no upon
the sentence of *Spiritual Court for alimony which was wp-
raled against. He thought that the Court took a formid.
r.ble step in allowing the Writ in a ease of alimony at all.
On the other hand, his Lordship did not appear to think,
that the remedy suggested by the defendant's counsel of
pursuing the urit de excontneanicato eapiendo to outlawry
would be very sufficient against a delinquent party who
escaped to Brussels from the judgment of the Spiritual
Court. He promised to look into the matter this afternoon,
and determine to-morrow morning.
EX-FARTS MINUS FALLoirrli, IN THS MATTI& OF TIM
ZARL OF FORTRAirouTif, A LUNATIC.
• The ATTORNET-ORNBRAL moved on behalf of the com-
mittee, that it be referred to the Master to inquire what
steps .bnitld be taken in any other Courts respecting his
Lordship's marriage. and also concerning certain deeds
which Its Lordship had signed,from which it was desirable
that lie should be relieved.
The Loan Cnewcititoa directed the order to be taken,
only varying the terms to "whether any and what pro-
ceedings," to that this Court might not prejudice the case
in any manner.

VICE-CRANCELLOR'S COURT.-TEESDAY.
EX-PARTE 1;1311 1N NE EVANS.

?*lr. hose staled that in this r;11 se an execution had
'Veen Witted nrainst a hankropes estate by one of his cre-
flirors, on the 13th of May. On the 24th of May a com-
mission Ara, taken out to flyf.at that execution. The com-
mission so taken oat Iga. suffered to remain onaeted upon
for wire months, and the petition now presented to the
Court preyed that it might be superseded on the ground of
wilfnl di lay. .

Mr. itIoTAGUE supported the commitotion.
The VICE-CIIANCILLOR said that in giving hisjudgment
lie '!tnnld take the clear principle as laid down by the Lord
Chancellor. This commission had been taken out for the
obvious purpose of defeating an execution against the bank-
rupt's estate. flowerer, the commission was not proceeded
boon for:aloe months, and the question was whether the
treat Seal could suffer a commission to stand valid, after
it had remained unproceedetl on for that space of time.
The Great Seal could not tolerate wilful delay in inch
c.isv. But then it might be said that the delay was
st jib the consent of the creditors. That was no answer
whatever.
. Mr. MoNrtatne said there was an affidavit to show that
no farther debts had been contracted by the bankrupt in
the interval.
The VICE-COANCELLOR thought thlt argument of no
avail. I rtvas no Answer to ray that the bankrupt and the
'creditoii had connived in the delay. This brought him
hick to the printiple that the Court ought not to allow a
commission to stand valid where there was wilful delay.—
) t the Court should sot ereede this commission, it would
have the -effect 'sneer the late Act of Parliament in reference
I. 11.1t.hrop.ry cases, of depriving the creditors of the dis-
tribution of • the property. This consideration. however,
(-light not to induce the Court to retain a commission upon
a principle injurious to the interests of the public. The
erfer principle was, that a petitioning. creditor who wilfully
delayed proceeding on his commission, should not be al-
.laved to retain it. Ilia llononr then ordered the commie-
s'on to be superseded, and suited a point of law in reference
t 9 the case, from the II sect. of the 49th of the late King.