DESECRATION OF THE FLAG. 333

be by a corporation, the penalty shall be inflicted upon the president or
other chief officer thereof.

A statute of Nebraska similar to this section, held constitutional and
valid. Halter v. Nebraska, 205 U. S. 34.

Desertion of Wife or Child.

1904, art. 27, sec. 69. 1896, ch. 73, sec. 47A. 1904, ch. 44.
75. Any person who shall without just cause desert or wilfully neg-
lect to provide for the support and maintenance of his wife or minor
child shall be deemed guilty of a misdemeanor, and upon conviction in
any court of the State having criminal jurisdiction shall be punished
by a fine not exceeding one hundred dollars, or imprisonment in the
Maryland house of correction, for not more than one year, or both, in
the discretion of the court. The fine may be directed by the court to
be paid in whole or in part to the wife; provided, that before the trial
with the consent of the defendant, or after conviction, instead of im-
posing the punishment hereinbefore provided, or in addition thereto,
the court in its discretion, having regard to the circumstances and finan-
cial 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 circum-
stances may require, directing the defendant to pay a certain sum
weekly for the space of one year to the wife, and to release the defend-
ant from custody on probation for the space of one year upon his enter-
ing into a recognizance in such sum as the court shall direct, with or
without sureties. The condition of the recognizance shall be sueh that
if the defendant shall make his personal appearance at the court when-
ever 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 forthwith 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.

This section referred to in deciding that a father is primarily liable for
the support of his infant children, although his wife has been awarded a
divorce and the custody of the children in a proceeding against him as a
non-resident. Alvey v. Hartwig, 106 Md. 261.

Ibid. sec. 70. 1904, ch. 44, sec. 47B.

76. If the defendant shall be arrested and brought before a justice
of the peace, upon the charge of violating section 75 of this article, such
justice shall hear the case, and if he be of the opinion that sufficient
facts are proved to substantiate 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 commitment or
bail, pass an order and take a recognizance as provided in section 75.