EDWIN WARFIELD, ESQ., GOVERNOR.

65

that before the trial with the consent of the defendant, or

after conviction, instead of imposing the punishment herein-

before provided, or in addition thereto, the court in its discre-

tion, having regard to the circumstances and financial ability

of the defendant, shall have the power to pass an order which

shall be subject to change by it from time to time, as the cir-

cumstances may require, directing the defendant to pay a cer-

Certain sums

tain sum weekly for the space of one year to the wife, and to

weekly to be

release the defendant from custody on probation for the space

paid.

of one year upon his entering into a recognizance in such sum

as the court shall direct, with or without sureties. The con-

dition of the recognizance shall be such that if the defendant

shall make his personal appearance at the court whenever

ordered so to do within the year, and shall further comply

with the terms of the order, or of any subsequent modification

thereof, then the recognizance shall be void, otherwise of full

force and effect. If the court be satisfied by information and

due proof under oath, at any time during the year, that the

defendant has violated the terms of such order, it may forth-

with proceed to the trial of the defendant under the original

indictment, or sentence him under the original conviction, as

the case may be. In the case of forfeiture of a recognizance

and enforcement thereof by execution, the sum recovered may

in the discretion of the court be paid in whole or in part to the

wife.

47B. If the defendant shall be arrested and brought before

a Justice of the Peace, upon the charge of violating Section

Justice of the
Peace duties

47A of this Article, such justice shall hear the case, and if

in the prem-

he be of the opinion that sufficient facts are proved to sub-

ises.

stantiate the charge, he shall commit or bail the defendant

pending the action of the grand jury, as in other cases, or with

the consent of the defendant, may in place of such commit-

ment or bail, pass an order and take a recognizance as provided

in Section 47A. If the defendant shall violate the condition

of the recognizance, it may be forfeited, and the justice shall

note the forfeiture on the recognizance and deliver it to the

Clerk of the Court having original jurisdiction of the misde-

meanor described in Section 47A. The said forfeited recogni-

zance shall then become a record of said court, and shall have

the same effect, and may be enforced in the same manner as

if it had been taken and forfeited by the court. If the magis-

trate be satisfied by information and due proof under oath at

any time during the year that the defendant has violated the

terms of the order, he shall forthwith commit or bail the de-

fendant for the action of the grand jury, as in other cases.

Approved March 9, 1904.