1988 LAWS OF MARYLAND [CH. 680

as said Section 89 was amended by Chapter 344 of the
Acts of 1949, title "Crimes and Punishments", sub-title
"Desertion of Wife or Child", fixing responsibility on
a wife as well as a husband for support of a minor child.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Sections 89, 90, 91, 96 and 97 of Article 27 of the
Annotated Code of Maryland (1939 Edition and 1947 Sup-
plement), as said Section 89 was amended by Chapter 344
of the Acts of 1949, be and they are hereby repealed and
re-enacted, with amendments, to read as follows:

89. (a) 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 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]
his 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 circum-
stances 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 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 the
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
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 de-
fendant has violated the terms of such order, it may forth-