574 HELMS v. FRANCISCUS.

called, and upon the grounds to which this court seems to hare
been confined by the act of assembly; even supposing it had been
shewn, that Lewis Helms had any species of property, out of which
a separate maintenance of this kind could be assigned to his
wife.

But where a married women has been ill-treated, abused, or
abandoned by her husband, and left without the means of subsis-
tence, a provision or separate maintenance may be secured to her
by the Court of Chancery, out of her own fortune, which happens to
be within reach of the court. The ground upon which this is done
is, that as the interest of her fortune is intended for both of them,
and is given to him by the laws, upon the tacit condition that he
maintains her, if he either will not maintain her, or so demeans
himself, that she cannot with safety or decency consort with him,
to receive a maintenance at his hands, that interest shall be taken
from him and given to her; since it would be very hard, that the
party from whom the fortune moves should lose, and the other
gain the whole; and that too, by his own misconduct. This pro-

the same in lieu of what was decreed to her by this court for alimony or separate
maintenance. But, forasmuch as Edward Dorsey, of the city of Annapolis, present in
court, offers in lieu and behalf of the said defendant, to become chargeable to the said
complainant with the payment of the sum of twenty pounds, part of the aforesaid sum
of forty pounds current money on the last day of August next, and with the further
annual payments of the several sums of twenty pounds current money upon the last
day of every August thence ensuing, until the complainant and defendant shall mu-
tually consent and agree to cohabit together; and offers to give sufficient security
for the performance thereof, which the said Charles Hammond, the complainant's
next friend, agrees to accept of, and that the defendant may be discharged of so much
of this decree against him as the aforesaid Edward Dorsey has undertaken to pay.
Therefore, it is Decreed, that if the said Edward Dorsey give good security in the
penalty of six hundred pounds current money to the said Charles Hammond in his
own name, but in trust for the complainant, to pay to the complainant or to the said
Charles Hammond to the use of the complainant, for and towards her separate main-
tenance, the sum of twenty pounds, part of the said sum of forty pounds, on the last
day of August next, and to make the further annual payments of the said several
sums of twenty pounds current money on the last day of every August then en-
suing, during the joint lives of the complainant and defendant, or until the com-
plainant and defendant shall mutually consent and agree to cohabit together; that then
the said security so given shall be deemed and taken, so for, for the said twenty
pounds, part of the said forty pounds, and for the said several annual payments of
twenty pounds, to be paid on the last day of every August thence next ensuing, du-
ring the joint lives of the complainant and defendant, or until the said William Go-
vane and Ann his wife shall mutually consent and agree to cohabit together, in lieu
and discharge of such part of the foregoing decree against the defendant— Chancery
Proceedings, lib. J. R. No. 5, fol. 820.