THEODORE R. MCKELDIN, GOVERNOR 1989

with proceed to the trial of the defendant under the orig-
inal indictment, or sentence him under the original con-
viction, 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 [, or the person or institu-
tion having custody of the minor child or children, as the
case may be],

(b) Any parent who shall desert or wilfully neglect to
provide for the support and maintenance of his or her
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 of not exceeding
One Hundred Dollars, or imprisonment in the Maryland
House of Correction, or in the Maryland Reformatory for
Women, or in jail, for not more than three years, or both,
in the discretion of the Court. Any parent charged with
a violation of this section may be prosecuted in the juris-
diction where he or she or the child resides. 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 person or institution having custody of
the 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 or her 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 or her 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 recogniz-
ance 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 defen-
dant has violated the terms of such order, it may forthwith
proceed to the trial of the defendant under the original
indictment, or sentence him or her under the original con-
viction, 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