CRIMES AND PUNISHMENTS. 997

to the wife; provided, that before the trial with the consent of the defen-
dant, of after conviction, instead of imposing the punishment hereinbefore
provided, or in addition thereto, the court in its discretion, 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 circumstances may require, directing the defendant to pay a
certain sum weekly for the space of one year to the wife, and to release the
defendant from custody on probation for the space of one year upon his
entering into a recognizance in such sum as the court shall direct, with or
without sureties. The condition 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 recog-
nizance shall be void, otherwise of full force and effect. If the court be satis-
fied 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 support of
his infant children, although his wife has been awarded a divorce and custody of
the children in a proceeding against him as a non-resident. Alvey v. Hartwig, 106
Md. 261.

This section creates two separate and distinct offenses, (1) desertion and (2)
non-support, and the indictment properly charges their commission in separate
counts. An order of court directing a husband to pay his wife a certain sum in ac-
cordance with this section, is not a suspension of sentence and is appealable. Prit-
chett v. State, 140 Md. 311.

The obligation of the father to support his minor children is not affected by a
divorce and the custody of the children being given to the mother; estoppel of
wife; res adjudicata. Boggs v. Boggs, 138 Md. 429.

This section referred to in deciding that alimony pendente lite would not be
allowed where the wife had ample means of her own, and though it is primarily
the duty of the father to support infant children. Hood v. Hood, 138 Md. 359.

This section referred to in holding an ante-nuptial agreement not a bar to alimony
on ground of abandonment. Walker v. Walker, 125 Md. 660.

An. Code, sec. 76. 1904, sec. 70. 1904, ch. 44, sec. 47B.

88. If the defendant shall be arrested and brought before a justice of
the peace, upon the charge of violating section 87 of this article, such jus-
tice 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 87. 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 misdemeanor described
in section 87. The said forfeited recognizance shall then become a record
of said court, and shall have the same effect and may be enforced in the