
    HEWITT v. HEWITT.
    Cruel and violent treatment of the wife by the husband, and his refusing to permit her to live with him; held to be sufficient ground to direct him to pay her a certain sum as alimony; the amount to be adjusted with a due regard to his circumstances! And as the several instalments became due, the payment, on petition by her, was enforced by an order to shew cause, followed by a fieri facias.
    
    This bill was filed, on the 7th of October, 1825, by Martha Hewitt, against Eli Hewitt, her husband, to obtain an allowance for alimony; upon the ground, that he had treated her with great cruelty and violence, and that he had positively refused to permit her to live with him, or to provide any adequate maintenance for her, although he had a large real and personal estate, as specified in a schedule exhibited with the bill.
    To this hill the defendant immediately put in his answer, admitting the facts as stated; and it was agreed, that the chancellor should pass such a decree, as he might deem proper, allowing alimony according to the schedule, which was admitted to he a correct representation of the nature and value óf his estate. 
    
    
      
      10th October, 1825.
    
      
       Codd v. Codd. — This bill was filed, on the 17th of February, 1727, by Mary Codd, against her husband St. Ledger Codd, in which she stated, that he had not only abused her with very opprobrious language, but had treated her in an inhuman and barbarous manner; that he had by his cruel treatment deprived her of the use of one of her arms; and had abandoned her, leaving her without support, to live in a manner common to few people except slaves; and that he had altogether refused to permit her to cohabit with him, notwithstanding her most humble and repeated solicitations. Whereupon, the bill prayed, that he might be compelled to make her such an allowance and maintenance as was suitable to his station and fortune, &c.
      The defendant, by bis answer, denied the alleged cruel treatment, and the having deprived.her of the use of an arm ; and he averred, that she had broken open his trunks and closets, and had taken thence a considerable amount of personal property which she had sold for spirituous liquor to drink; that her habits were such, that he could notlive with her; and he had therefore built for himself a small house near to that in which he had formerly lived with her, and which he had left her still to occupy; and that he had been, and always was willing to allow her a suitable maintenance ; but that his estate was small, unproductive, &c. After which the case was submitted on hill and answer alone.
      
        20th May, 1729. — Calvert, Chancellor. — Decreed, That the defendant pay to the complainant ten pounds per annum, by four quarterly payments; and it is also decreed, that he provide her a house; and that the defendant pay unto the said complainant, all her costs and charges by her in the said cause laid out and expended.— Chancery Records, Lib. I. R. No. 1, page 275, 280.
      Sarah Wright's Case. — This appears to have been a bill filed by Sarah Wright, against Blois Wright, her husband, for alimony; but as the original papers are not to be found, the particulars of the case cannot be given.
      
        8th October, 1730; — Ogle, Chancellor. — Ordered, That the defendant pay to the complainant for her maintenance, one hundred pounds weight of tobacco per month, until answer and further order. And also ordered, that attachment issue for want of an answer.
      After which, upon further proceedings being had, and on the case being brbught before the court for final hearing:
      
        5th December, 1732. — -Ogle, Chancellor. — Upon reading the bill and answer, and all other the proceedings in this cause, and upon mature consideration thereupon had ; it is ordered, adjudged, and decreed, that the defendant pay to the complainant for her yearly maintenance, the quantity of twelve hundred pounds of tobacco, upon the tenth day of June yearly. — Chancery Records, Lib. No. 2, page 74, 264.
    
   Bland, Chancellor.

This cause standing ready for hearing, and being submitted, the proceedings were read and considered.

Whereupon it is decreed, that the defendant, Eli Hewitt', pay unto the plaintiff, Martha Hewitt, or to her order, during their natural lives, so long as they shall live 'separate and apart from each other, the annual sum of three 'hundred and fifty dollars, payable half yearly; that is to say, one hundred and seventy-five dollars on the tenth day of April, and one hundred and seventy-five dollars on the tenth day of October in every year; the first payment to be made on the tenth day of April next; the same being deemed a suitable alimony, having regal'd, to the circumstances of the parties respectively, for her support and maintenance. And in case it should not be punctually paid when demanded, .the plaintiff may apply to this court to have the payment enforced: And it is further ordered, that either party be’ at liberty to apply, upon any future change of circumstances of the parties, or either of them, for such variation or modification of this decree as those future circumstances may indicate to'be just. And it is further ordered, that the defendant pay all costs to be taxed by the register.

The plaintiff, by her petition, stated, that she still continued to live separate and apart from her husband; that by the decree in this case she had become entitled to the sum,of $175, on the 10th of April last, which sum the defendant had neglected and refused to pay: whereupon she prayed, that he might be ordered to pay, &c.

15th May, 1826. — Bland, Chancellor. — Ordered, that Eli Hewitt pay unto Martha Hewitt, the sum of one hundred and seventy-five dollars with interest thereon, being the amount which became due on the 10th of- April last, of the sum allowed her as alimony; or shew good cause to the contrary, on the 15th day of June next; provided that a copy of this order, together with a copy of the petition, be served on Eli Hewitt, on or before the 27th instant.

The plaintiff by her petition stated, that a copy had been served as required; that the defendant had failed to shew cause or to pay; whereupon she prayed for a fieri facias; which was ordered accordingly. The payment of other instalments of the alimony was enforced in like manner; after which the case was terminated by the death of the defendant.  