CRIMES AND PUNISHMENTS 1119

exceeding one hundred dollars, or imprisonment in the Maryland House
of Correction, or in Jail, for not more than three years, 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 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, direct-
ing the defendant to pay a certain sum weekly for the space of three years
to the wife, and to release defendant from custody on probation for the
space of three years 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 three years,
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 three years, 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.

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.

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 create_s 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 accordance with
this section, is not a suspension of sentence and is appealable. Pritchett 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, 1924, sec. 87A. 1931, ch. 448, sec. 87A.

90. 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.

Secs. 90-94 cited in Strzegowski v. Strzegowski, 175 Md. 56.