EDWIN WARFIELD, ESQ., GOVERNOR.
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65
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that before the trial with the consent of the defendant, or
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after conviction, instead of imposing the punishment herein-
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before provided, or in addition thereto, the court in its discre-
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tion, having regard to the circumstances and financial ability
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of the defendant, shall have the power to pass an order which
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shall be subject to change by it from time to time, as the cir-
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cumstances may require, directing the defendant to pay a cer-
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Certain sums
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tain sum weekly for the space of one year to the wife, and to
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weekly to be
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release the defendant from custody on probation for the space
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paid.
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of one year upon his entering into a recognizance in such sum
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as the court shall direct, with or without sureties. The con-
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dition of the recognizance shall be such that if the defendant
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shall make his personal appearance at the court whenever
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ordered so to do within the year, and shall further comply
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with the terms of the order, or of any subsequent modification
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thereof, then the recognizance shall be void, otherwise of full
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force and effect. If the court be satisfied by information and
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due proof under oath, at any time during the year, that the
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defendant has violated the terms of such order, it may forth-
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with proceed to the trial of the defendant under the original
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indictment, or sentence him under the original conviction, as
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the case may be. In the case of forfeiture of a recognizance
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and enforcement thereof by execution, the sum recovered may
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in the discretion of the court be paid in whole or in part to the
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wife.
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47B. If the defendant shall be arrested and brought before
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a Justice of the Peace, upon the charge of violating Section
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Justice of the
Peace duties
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47A of this Article, such justice shall hear the case, and if
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in the prem-
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he be of the opinion that sufficient facts are proved to sub-
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ises.
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stantiate the charge, he shall commit or bail the defendant
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pending the action of the grand jury, as in other cases, or with
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the consent of the defendant, may in place of such commit-
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ment or bail, pass an order and take a recognizance as provided
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in Section 47A. If the defendant shall violate the condition
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of the recognizance, it may be forfeited, and the justice shall
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note the forfeiture on the recognizance and deliver it to the
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Clerk of the Court having original jurisdiction of the misde-
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meanor described in Section 47A. The said forfeited recogni-
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zance shall then become a record of said court, and shall have
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the same effect, and may be enforced in the same manner as
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if it had been taken and forfeited by the court. If the magis-
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trate be satisfied by information and due proof under oath at
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any time during the year that the defendant has violated the
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terms of the order, he shall forthwith commit or bail the de-
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fendant for the action of the grand jury, as in other cases.
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Approved March 9, 1904.
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