HERBERT R. O'CONOR., GOVERNOR. ' 601

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 probation for the
space of three years upon his entering into a recognizance
in such sum as the Court shall direct, with or without sure-
ties. 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 subse-
quent modification thereof, then the recognizance shall be
void, otherwise of full force and effect. If the Court be satis-
fied 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. Provided that
in Anne Arundel, Carroll, Cecil, Frederick, Harford and Mont-
gomery Counties the Trial Magistrates shall have concurrent
jurisdiction with the Circuit Court of each of the respective
counties to try persons violating the provisions of this sub-title.
And further provided, 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 this sub-title
and that imprisonment of offenders shall not exceed two years.

95. If the defendant shall be arrested upon the charge of
violating Section 89 of this Article, and brought before a Trial
Magistrate not having concurrent jurisdiction with the Circuit
Court of the County to try such violations, such Trial Magis-
trate shall hear the case, and if he be of the opinion that suffi-
cient. facts are proved to substantiate the charge, he shall
commit or bail the defendant pending the action of the Grand
Jury, as in other cases, or with the consent of the defendant,
may in place of such commitment or bail, pass an order and
take a recognizance as provided in Section 89. If the defendant
shall violate the condition of the recognizance, it may be for-
feited, and the Magistrate shall note the forfeiture on the
recognizance and deliver it to the Clerk of the Court having
original jurisdiction of the misdemeanor described in Section
89. The said forfeited recognizance shall then become a record
of said Court, and shall have the same effect and may be en-
forced in the same manner as if it had been taken and forfeited
by the Court. If the Magistrate be satisfied by information
and due proof under oath at any time during the year that the