1242 LAWS OF MARYLAND. [CH. 712

disposal plant has been reconstructed or replaced as here-
tofore prescribed.

1029H. In the event that the issuing authority refuses to
issue an excreta disposal permit or refuses to give approval
for the completion of an excreta disposal plant, the applicant
for the permit may appeal to the Board of Health. Pending
action of the Board of Health, however, said applicant shall
comply with the provisions of this sub-title and with the
rules, regulations and specifications of the Board of Health.
Any person receiving a notice from the Health Officer to cor-
rect an excreta disposal nuisance in accordance with Sections
1029F and 1029G of this sub-title may appeal to the Board
of Health, provided that the time specified for correcting the
nuisance has not expired.

1029-1. Any person, firm or corporation violating any of
the provisions of this sub-title shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than
one hundred dollars ($100. 00) or sentenced to not more than
ninety (90) days in jail, or both. Prosecutions under this
section shall be before a Trial Magistrate of Montgomery
County. Nothing in this section shall be construed to repeal
or affect any powers of the State Department of Health under
the provisions of Article 43 of the Annotated Code of Mary-
land (1939 Edition).

SEC. 2. And be it further enacted, That this Act is hereby
declared to be an emergency law and necessary for the im-
mediate preservation of the public health and safety, and
being passed by a yea and nay vote, supported by three-fifths
of all the members elected to each of the two Houses of the
General Assembly, the same shall take effect from the date
of its passage.

Approved May 2, 1941.

CHAPTER 712.

(House Bill 788)

AN ACT to repeal and re-enact, with amendments, Sections
89 and 95 of Article 27 of the Annotated Code of Public
General Laws of Maryland (1939 Edition), title "Crimes
and Punishments", sub-title "Desertion of Wife or Child",
for the purpose of modifying the procedure of prosecution
for the crime of desertion or non-support of wife or minor