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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 999   View pdf image (33K)
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CRIMES AND PUNISHMENTS. 999

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 such parent or parents; provided that, before the trial, with
the consent of the defendant, or after conviction, instead of imposing the
punishment hereinbefore provided, or, in addition thereto, the Court, in
its discretion, haying 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 the Court from time to time as the circumstances may require,
directing the defendant to pay a certain sum or sums weekly for the space
of two years, to such parent or parents, and to release the defendant from
custody on probation for the space of two years upon such defendant enter-
ing into recognizance in such sum as the Court shall direct, with or
without sureties. The condition of such recognizance shall be such that if
the defendant shall make personal appearance at the Court, whenever
ordered so to do within two years, and shall further comply with the
terms of the order, and of any subsequent modifications 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
said two-year period, 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 impose sentence under the original conviction, as the
case may be. In case of forfeiture of the recognizance and enforcement
thereof by execution, the sum recovered may, in the discretion of the Court,
be paid, in whole or in part, to such parent or parents.

An. Code, sec. 78B. 1916, ch. 637, sec. 78B.

92. If the defendant shall be arrested and brought before a Justice of
the Peace upon the charge of violating Section 91, such Justice shall hear
the case, and if he be of the opinion that sufficient facts are proved to sub-
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 commitment or bail, pass an order and
take a recognizance as provided in Section 91. If the defendant shall vio-
late 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 91. The said forfeited recognizance 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
magistrate be satisfied by information and due proof under oath at any
time during said two-year period that the defendant has violated the terms
of the order, he shall forthwith commit or bail the defendant for the action
of the Grand Jury as in other cases.

An. Code, sec. 78C. 1916, ch. 637, sec. 78C.

93. If any such parent be a public charge and receives maintenance and
support from any County or municipality in the State of Maryland, then

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 999   View pdf image (33K)
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