WM. PRESTON LANE, JR., GOVERNOR. 865

1945, be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

89. Any person who shall without just cause desert or
wilfully neglect to provide for the support and maintenance
of his wife or minor child shall be deemed guilty of a mis-
demeanor, 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, or in jail, for not more than
three years, or both, in the discretion of the Court. Any
person charged with a violation of this section may be prose-
cuted in the jurisdiction where he or the wife or the child
resides. 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 de-
fendant, 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 three years to the wife, or to
the person or institution having custody of the minor child
or children if the conviction was for the non-support of a
minor child or children, or if an agreement be had with respect
to such child or children, and to release defendant from cus-
tody 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 recog-
nizance 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, if 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 for-
feiture of a recognizance and enforcement thereof by exe-
cution, the sum recovered may, in the discretion of the Court,
be paid in whole or in part to the wife, or the person or in-
stitution having custody of the minor child or children, as
the case may be. Provided that in Anne Arundel, Carroll,
Cecil, Dorchester, Frederick, Harford, Montgomery, Prince
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