The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1904-04-30
PUBLIC GENERAL LAWS OF 1904.
DISCRETION OF WIFE AND CHILD.
CHAPTER A.

AN ACT to amend Article q of the
Code of Public General Laws, title
Grimes and Punishments," by re-
pealing Section Ala, as enacted by
Chapted 70 of the Acts OF 1896, and
re-enacting the same with amend
ments under the subtitle "Deser-
ton of Wife or child" and by adding
thereto an additional section, to fol-
low Immediately after Section Ala,
and to be known as Section ALB.
Section BE it enacted by the Gen
eral Assembly of Maryland, That Ar
ticle 81 of the Code of Public General
Laws. title Grimes and Punlshments
lie and the same is hereby amended by
revealing Section 47A, as enacted by
CHAPTER 10, of the Acts of 1896, and re-
enacting the same with amendments,
under the subtitle "Desertion of Wife
or Child" and by adding thereto an
additional section, to follow Immediate
ly after Section Ala, and to be known
as Sec Alb"
Sec. 47A-Any person who shall
without just cause desert or Wlltully
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 jul
risdiction, shall be punished by fine
not exceeding one hundred dollars, or
Imprisonment in the Maryland House
of Correction, for not more than one
year, or both, in the discretion of the
court 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 1mpos-
ing the punishment hereinbefore pro-
vided or in addition thereto, the court
in it's 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, direct
ing the defendant to pay certain sum
weekly for the space of one year to the
wife. and to release the defendant from
custody on probation for the space of
one year upon his entering into re-
cognizance 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 so to do within
the year, and snail further comply with
the terms of the order, or of any sub
seQuent 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
year, that the defendant has violated
the terms of such order, it may forth
with proceed to the trial of the defend
ant under the original Indictment. or
sentence him under the original con-
viction, as the case may be. In the
case of forfeiture of 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.
Sec 47B-If the defendant shall be
arrested and brought before Justice
of the Peace, upon the charge of vio-
lating Section Ala of this Article,
such justice shall hear the case, and If
he be of the opinion that sufficient
facts are proved to substantiate the
charge, he shall commit or bail the de-
PENDANT pending the action of the grand
jury, as in other cases, or with the
consent of the defendant, may in place
of such commitment or bail, pass an
order and take a recognizance as pro-
VlQed IN SecClOn ala. II Lne QeIeuu-
ant shall violate the condition of the
recognizance, it may be forfeited, and
the justice shall note the forfeiture on
the recognizance and deliver it to the
clerk of the court having original jul
risdiction Of the misdemeanor describ-
ed in Section Ala. The said forfeited
recognizance shall then become a rec
ord of said court, and shall have the
same effect, and may be enforced in the
same manner as if it had been taken
and forfeited by the court. If the mag
istrate be satisfied by information and
due proof under oath at any time dur
ing the year that the defendant has
violated the terms Of the order, he
shall forthwith commit or bail the de-
PENDANT for the action of the grand
jury, as in other cases.
Approved, March 8, 1904.