THEODORE R. MCKELDIN, GOVERNOR 107

by Chapter 344 of the Acts of 1949, be and it is hereby
repealed and re-enacted, with amendments, to read as fol-
lows:

89. (a) Any person who shall without just cause desert
or wilfully neglect to provide for the support and main-
tenance 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. 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; pro-
vided, that before the trial with the consent of the de-
fendant, or after conviction, instead of imposing the pun-
ishment 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, di-
recting the defendant to pay a certain sum weekly for the
space of three years to the wife, or to the person or insti-
tution 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 enter-
ing into a recognizance in such sum as the Court shall di-
rect, with or without sureties. The condition of the recog-
nizance 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 infor-
mation 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 there-
of by execution, the sum recovered may, in the discretion
of the Court, be paid in whole or in part to the wife, or
the person or institution having custody of the minor
child or children, as the case may be. Provided that in
Anne Arundel, Carroll, Cecil, Charles, Dorchester, Fred-