834 LAWS OF MARYLAND. [CH. 344

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 89 of Article 27 of the Annotated Code of
Maryland (1947 Supplement), 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hereby repealed and re-enacted, with amendments, to read as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:

89. Any person who shall without just cause desert or wil-
fully neglect to provide for the support and maintenance of
his wife or minor child shall be deemed guilty of a misde-
meanor, 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 prosecuted in the juris-
diction 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 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, 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 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 sureties. The condi-
tion of the recognizance shall be such that if the defendant
shall make his personal appearance at the Court whenever
ordered to do so 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, it may forthwith proceed to the trial of the de-
fendant 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 execu-
tion, the sum recovered may, in the discretion of the Court,
be paid in whole or in part to the wife, or the person or insti-
tution having custody of the minor child or children, as the