case ex part king Jan e the cause which lead to the illtreatment of the wife  upon which a supplicavit be grant against the husband continue to exist the  court refuse to discharge the supplicavit for case where a writ of supplicant  have be issue see clavering case p W Heyns case v b Dobbyns case v b  Tunnecliffs case I W see Bynums case ante ante p S c Ves a order for a  supplicavit be obtain on the that August against Benjamin king Esq on the  complaint of his wife for have beat and use her ill and he now move to have it  discharge which be oppose by mrs king who make a affidavit that her father  have by his will leave her his estate in Antigua which be very large to her  separate use and her husband insist upon it that she have not such separate  right and be not entitle to the estate under her father will but under a old  settlement be the cause of the quarrel between they original and that she have  since file a bill in this court to establish her separate right to which her  husband have put in a answer insist on her general right and have also file a  cross bill and express her great fear and apprehension if the supplicavit be  discharge her husband will compel her to give up her separate interest or use  her ambler er p ill and carry her to Antigua ambler where by mean of his  connection and estate she will have no protection for her person lord  commissioner will and Wilmot Smythe be absent be of opinion that this case be  not within the general rule which be to discharge the party complain of at the  end of one year if nothing new happen and hold in all case between person  where neither be under the influence of the other ex part sir Richard  Grosvenor wms but here the wife be under the authority of the husband who have  make a bad use of it and the original cause of his ill usage still subsist and  therefore although no fact or circumstance of violence or threat since the  supplicavit grant be lie before the court they refuse to discharge the  supplicavit which they say ought not to have do till the right be settle V the  king v Lord lee lev the court can only bind the husband to his behaviour not  remove the wife from he York solicitorgeneral Mr Evans Mr walker and be for Mr  king the court take it up without hear the counsel for mrs king N B the  affidavit of Mr king do not deny his intention to carry her to Antigua nor be  it well draw the estate claim by mrs king under her father will be a separate  estate for life with remainder to her first c son with remainder to Douglass  her uncle in fee the estate set up by Mr king under the settlement be a estate  in tail general in his wife