CHIMES AND PUNISHMENTS. 315

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.

Desertion may include offense of non-support, but offense of non-support may

exist without desertion within the meaning of the statute. Wald v. Wald, 161

Md. 498.

1931, ch. 448, sec. 87A.

87A. The State's Attorney for the City of Baltimore, in addition to
the powers and authority heretofore vested in him by law, shall be empow-
ered upon personal knowledge, complaint or information that any person
has deserted or failed to provide for the support and maintenance of his
wife or minor child or children to require witnesses other than the person,
accused or to be accused to appear before him, the Deputy State's Attorney
or any Assistant State's Attorney, for such examination of witnesses as
may be deemed necessary.

Provided the State's Attorney has reason to believe it to be in the interest
of the public that an investigation or inquiry be made with a view to the
filing of any information to the Criminal Court of Baltimore, such as-
hereinafter provided.

1931, ch. 448, SEC. 87B.

87B. After examination or inquiry shall have been made and completed
as provided for herein, the State's Attorney may file an Information in
the Criminal Court of Baltimore against the person under investigation
charging him with offense or offenses of desertion and failing to support
his wife or child or both, as the facts may warrant.

And the Court before whom such Information shall have been made is
hereupon empowered, upon the written consent of the person complained
of, to pass an order which shall be subject to change by it, from time to
time, as the circumstances may require, directing the person complained
against to pay a certain sum weekly or monthly for the space of three years
for the support of the wife and child or children, if there be any, as the
case may be, and to release the person complained against on such condi-
tions as the Court may in writing impose.

And it is further provided that should the person named as defendant in
the Information filed as aforesaid, fail or refuse to consent in writing as
aforesaid, and demand a trial on the charge or charges therein made, his
trial shall proceed in the same manner as provided for in the trial of other
persons indicted for desertion or non-support, and the said Information
shall take the place of Presentment and Indictment by the Grand Jury.

Nothing in the above section shall prevent the State's Attorney from
submitting any such case to the Grand Jury for such action as it may deem
proper, instead of proceeding by way of Information.