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Session Laws, 1951
Volume 603, Page 105   View pdf image (33K)
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ing to the jurisdiction of the Trial Magistrates in CARO-
Worcester Counties in non-support cases.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 89 of Article 27 of the Annotated Code of
Maryland (1947 Supplement), title "Crimes and Punish-
ments, " sub-title "Desertion of Wife and Child, " as said
section was amended by Chapter 344 of the Acts of 1949,
be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

89. 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 mis-
demeanor, 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 jurisdiction 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 herein-
before provided, or in addition thereto, the Court in its
discretion, having regard to the circumstances and finan-
cial 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 con-
viction was for the non-support of a minor child or chil-
dren, or if an agreement be had with respect to such child
or children, 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 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 defendant under


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Session Laws, 1951
Volume 603, Page 105   View pdf image (33K)
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