544 HELMS v. FRANCISCUS.—2 BLAND.

is often difficult to determine. It seems, however, to be admitted,
that personal injury, and words of menace, importing the danger

herself as well as of this defendant. That in September of the same year,
she swore the peace against him; in consequence of which he was made to
enter into a recognizance with sureties, from which he was afterwards dis-
charged, and by the mediation of friends and mutual promises of reconcilia-
tion, she returned to live with him; that afterwards, when he was extremely
sick and unable to help himself, she used him with the utmost cruelty, and
expressed a hope that his then sickness would carry him off, and wished he
might be in hell with his whores. That afterwards he was informed, and
from various circumstances had strong reason to suspect and believe, that
she had some improper and illicit intercourse with his overseer; upon which
he mildly remonstrated with her, and proposed to her that they should go
and reside for a time in Rhode Island, until the scandal should die away,
which she refused to do. Whereupon the next day he discharged his over-
seer, when she being present, without being spoken to or receiving the
slightest provocation, walked off to the house of the overseer's father, where
she remained about ten days, and then went to the house of her own father,
where she has since chiefly resided. He denies that he ever threatened her
with a drawn sword, or any other weapon, or obliged her to leave his house;
and also denies that he ever intended, or does now intend, to leave this Pro-
vince. He admits that he had warned several storekeepers not to trust her,
and will not pay anything for her while she continues to live separate from
him; but he proposes to receive her again, and declares his readiness now to
be reconciled to her, and again to cohabit with her, &c.

To this answer the plaintiff put in a general replication, upon which a com-
mission was issued, and a great many depositions were taken and returned,

TASKER, C., 28th July, 1753.—This case standing ready and coming on to
be heard accordingly, in presence of counsel on both sides, and the whole
proceedings being read, appeared to be as before recited and set forth;
whereupon, and upon reading the bill, answer, and depositions, taken and
published in this cause, and also the account of Thomas Homewood, de-
ceased, late husband of the complainant, his estate, as settled in the Pre-
rogative Court of this Province, by which it appears that the complainant's
dividend of her said late husband's personal estate, was £6 9s. 8d. gold and
silver currency, and £692 19s. 3d. current money of Maryland; and upon
debate of the matter, and hearing what could be alleged on both sides, this
Court doth accordingly Decree, that the defendant pay unto the complainant
the sum of £163 11s. current money, which is in proportion to £92 current
money per annum, for her support and maintenance, from the commencement
of this suit until this present time. And it is further Decreed, that the defend-
ant pay the complainant £92 for her separate maintenance on the last day of
August, yearly, and every year, until they shall mutually agree to cohabit
together. And the complainant, by her counsel, offering to accept of her
dower in the lands her said late husband died seized of, and which the de-
fendant is, in right of the complainant, possessed of or entitled unto, at the
value of £50 current money per annum, to be allowed out of such annual
sum as the defendant should be decreed, by this Court, to allow the com-
plainant for alimony or separate maintenance: therefore, if the defendant
will give up and surrender by deed under his hand and seal to Col. Charles
Hammond, in trust, for and to the use of the complainant the lands which
the defendant holds in right of the complainant as her dower of the lands