HARRY W. NICE, GOVERNOR. 569
CHAPTER 285.

AN ACT to repeal and re-enact, with amendments, Section
87 of Article 27 of the Annotated Code of Public General
Laws of Maryland (1924 Edition), as amended by Chap-
ter 448 of the Acts of 1931, of the General Assembly of
Maryland, title "Crimes and Punishments, " sub-title
"Desertion of Wife or Child, " to provide that the sentence
of imprisonment may be either in the Maryland House of
Correction, or in Jail, in the discretion of the Court.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 87 of Article 27 of the Annotated
Code of Public General Laws of Maryland (1924 Edition),
as amended by Chapter 448 of the Acts of 1931, of the
General Assembly of Maryland, title "Crimes and Punish-
ments, " sub-title "Desertion of Wife or Child, " be and it is
hereby repealed and re-enacted, with amendments, to read
as follows:

Section 87. 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 misdemeanor, and upon conviction in any court
of the State having criminal jurisdiction, shall be punished
by a fine not exceeding one hundred dollars, or imprison-
ment 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 con-
viction, 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 three years
to the wife, and to release defendant from custody on pro-
bation 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