HERBERT R. O'CONOR, GOVERNOR. 473

CHAPTER 425.
(Senate Bill 413)

AN ACT to repeal Section 488 of Article 1 of the Code of
Public Local Laws of Maryland (1930 Edition), title
"Allegany County", sub-title "Minors and Non-Support",
and to repeal and re-enact, with amendments, Section
89 of Article 27 of the Annotated Code of Maryland
(1939 Edition), title "Crimes and Punishments", sub-
title "Desertion of Wife or Child", providing that in
Allegany County the Justice of the Peace known as the
Magistrate for Juvenile Cases shall have concurrent
jurisdiction with the Circuit Court of said County to
try persons violating the provisions of said sub-title and
fixing maximum term of imprisonment for offenders in
Allegany County.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Section 488 of Article 1 of the Code of
Public Local Laws of Maryland (1930 Edition), title "Alle-
gany County", sub-title "Minors and Non-Support", be and
it is hereby repealed and that Section 89 of Article 27 of
the Annotated Code of Maryland (1939 Edition1), title
"Crimes and Punishments", sub-title "Desertion of Wife
or Child", be and it is hereby repealed and re-enacted, with
amendments, to read as follows:

89. Any person who shall without just cause desert or
wilfully neglect to provide for the support and mainte-
nance 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 convic-
tion, instead of imposing the punishment hereinbefore
provided, or in addition thereto, the Court in its discre-
tion, 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 cus-
tody on probation for the space of three years upon his
entering into a recognizance in such sum as the Court