
    ANTONIA QUESTEL v. NICHOLAS QUESTEL.
    Divorce — forgiveness of injury — separate maintenance.
    In case of cruelty by the husband of the wife, and the parties afterwards live together, it is a forgiveness of the injury, and it cannot afterwards be relied upon for a divorce.
    If the wife has been abused, the abuse forgiven, and she is afterwards abandoned, and efforts made to deprive her of a subsistence, she will be allowed a separate maintenance.
    Divorce and alimony — cause extreme cruelty by beating, &c. The petitioner is about fifty years old, decrepid and feeble — the defendant sixty. They were married in 1823, and soon after it became notorious that they quarrelled. In 1829 or 1830, several witnesses saw him standing over her in the door of his own house in a violent passion — she was crying, her hair down, and clothes disordered. He threatened the witnesses, to keep them away, as they thought. They heard her scream, but saw no blows; but one of them thought he saw him seize and drag her into the house. After this they removed into the country and lived together a year 'or so, when he conveyed awáy his property to his son and removed to the French grant, leaving her behind; and has since neglected to provide for her, or live with her. tier character is good.
    
      Brazee, for the petitioner.
   By the Court.

Where parties live together after the injury complained of, it is held a forgiveness of the injury, and to prevent a recurrence to it as a distinct cause of divorce. Such is this case, and the cruelty, therefore, is to be left out of the question.

But the treatment of the wife which is in proof, and the separation of the parties, and the attempt made to take from her the means of subsistence, we think affords good ground to allow her a separate .maintenance.

It is therefore decreed, that she retain the possession of the house that she now occupies, free of charge, and that he pay to the clerk for her use and maintenance, $37 50 in thirty days, and the costs of this suit, the further sum of $37 50, by the last of October next, and the like sum every six months thereafter, during their joint lives, to be charged on his real estate; and in default, that execution issue. But if the defendant shall execute a bond with security to the acceptance of the clerk, conditioned to pay the amount, with a warrant of attorney to confess judgment, in case of default, the lien on the real estate from thenceforth shall cease.  