HELMS v. FRANCISCUS.—2 BLAND. 545

of actual bodily harm, may be deemed cruel treatment, but not
mere rudeness of language. Harris v. Harris, I Eccles. Rep. 204;

which her former husband Thomas Home wood was seized of, that the use
and occupation thereof shall be deemed as a satisfaction for £50 per annum
of the said £92 per annum. And that, moreover, the defendant give suffi-
cient security in the penalty of £700 current money, to the said Charles Ham-
mond, in his own name, but in trust for the complainant, to pay to the com-
plainant, or to the said Charles Hammond to the use of the complainant £42
current money on the last day of August, yearly, and every year, until the
complainant and defendant shall agree to cohabit together: the first payment
to be made the last day of August, seventeen hundred and fifty-three. But
in case the defendant will not surrender and give up the said land, on or be-
fore the last day of August, that then the defendant do pay the complainant
the aforesaid £92 currency on the last day of August, yearly, and every
year, until they shall mutually agree to cohabit together; the first payment
to be made on the last day of August, seventeen hundred and fifty-three;
and give sufficient security in the penalty of £1,500 current money, to the
said Charles Hammond in his own name, but in trust for, and to the use of
the complainant. And that the defendant do pay all the costs of this suit.

After which the case was again brought before the Court for further direc-
tions as to costs.

TASKER. C., 14th August. 1752.—It is Ordered, that the attendance of the
commissioners in the execvttion of the commission issued in this cause, and
also of the clerk to the said commissioners, and their expenses be settled by
the register of this Court, and that the complainant and defendant imme-
diately pay each of them one-half of the said charge; and that the money
to be paid to the commissioners and clerk wait the event of this suit.

Immediately after which, the defendant prayed an appeal, upon which the
case was again submitted.

TASKEE, C., 14th August. 1753.—Upon motion this day of the defendant's
counsel for an appeal in this cause, and lodging a bond in Court for the
prosecution of the said appeal, and upon hearing the arguments of the
counsel on both sides, this Court hath thought fit, and doth accordingly
Order, that an appeal be granted. And notwithstanding which, as the de-
fendant is obliged by law to support the complainant his wife, and that she
has no other support but what he ought to provide for her, and that without
such provision she must be destitute of the necessaries of life: it is therefore
Ordered by this Court, that notwithstanding the said appeal, the defendant
pay the sum of £163.11s. 0d. current money to the complainant, and the
sum of £92 current money per annum, according to the decree, until the
appeal shall be determined.

Some time after, the parties having come to an agreement in relation to
the matter in controversy, again submitted their case.

TASKER, C., 31st October, 1752.—Forasmuch as this Court is this present
day informed, as well by the complainant's counsel as the defendant's
counsel, that since the decree made in the above cause, and since the grant-
ing an appeal from the said decree, that the complainant and defendant
35 2 B.