The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-03-29
LEGAL.
Published in The Topeka State Journal
March 29, 1911
HOUSE BILL No. q.

HOUSE BILL No. 4s.
An Act relating to desertion and non
support of wife by husband, or OF child
rem by either father or mother. and pro-
vtdfng punishment therefor.
Be it enacted by the Legislature of the
State of Kansas:
Section /. That any husband who shall.
refuse to provide for the support and
maintenance of his wife in destitute or
necessitous circumstances: or any parent
who shall, without lawful excuse, desert
or neglect refuse to provide for the
support and maintenance OF his or her
child or children under the age of sixteen
years in destitute or necessitous cireum-
stances, shall be guilty of a crime and, on
conviction thereof, shall be punished by
Imprisonment in the reformatory. or Peni-
Tertiary, at hard labor, not exceeding two
years.
Sec. 2. Proceedings under this act may
oath or affirmation by the wife or child
or children, or by any other person,
against any person guilty of either of the
Sec g. At any time before the trial.
upon petition of the complainant and upon
notice to the defendant, the court, or a
judge thereof in vacation, may enter such
temporary order as may seem just. pro-
viding for support of the deserted wife or
punish for violation of such order as for
contempt.
Sec. 4. Before the trial. with the con-
entry of a plea of guilty. or after convic-
ton, instead of imposing the penalty
hereinbefore provided, or in addition
thereto, the court in its discretion. having
regard to the circumstances, and to the
financial ability or earning capacity of
the defendant. shall have the power to
make an order, which shall be subject to
change by the court from time to time,
as circumstances may require, directing
the defendant to pay certain sum peri
odicaliy, for a term not exceeding two
years, to the wife or to the guardian,
curator or custodian of said minor child
vidual approved by the court as trustee;
and shah also have the power to release
the defendant from custody on probation
for the period SO fixed. upon his or her
entering into a recognizance. with or
without surety, in such sum as the court
or judge thereof in vacation, may order
and approve. The condition of the recoB-
nizance shall be such that II the defend
ant shall make his or her personal APP
pearance in court whenever ordered to do
so, and shall further comply with the
terms of such order of support. or of any
subsequent modification thereof, then
such recognizance shall be void, other
wise of full force and effect.
Sec. 5. If the court be satisfied by in
formation and due proof under oath, that
years the defendant has violated the
terms of such order, it may forthwith
proceed with the trial of the defendant
or her under ttk original c7nviction. or
enforce the suspended sentence, as the
case may be.
shall be required to prove the marriage
OF such husband and wife, or that the de-
PENDANT is the father or mother of such
child or children, than is or shall be re-
CURED to prove such facts in civil ac-
ton. In no prosecution under this act
shall any existing statute, or rule of law
prohibiting the disclosure of confidential
communications between husband and
wife apply, and both husband and wife
shall be competent witnesses to testify
against each other to any and all relevant
matters, including the fact of such mar
riage and the parentage of such child OF
children; provided that neither shall be
comDeIIed to give evidence incr;minattn )
himself or herself. Proof of the deser-
ton of such wife. child or children in
| neglect or refusal to provide for the sup
port and maintenance of such wife, child
or children shall be prima facie evidence
| that such desertion, neglect or refusal Is
wilful.
Sec. Z. It shall be the duty of the
warden, or other official in charge of the
person is confined on account of a SEN
tenee at hard labor, under this act, to
pay over to the wife, or to the guardian
curator or custodian of his or her minoI
child or children, or to an organiza cion Oh
individual approved by the court as
trustee. at the end of each week for tht
sum equal to such amount as may bt
allowed by law to such convict for each
| days hard labor performed by said person
Sec. 5. This act shall take effect and b,
! in force from and after its publication
| in the official state paper.
I hereby certify that the above bill orig
mated in the House, and passed that body
| January %. 1911,
| G. H. BUCHANAN,
| Speaker of the House.
| EARL AKERS,
e. Chief Clerk of th9 House.
| Passed the Senate March s, 1S11,
RICHARD ]. HOPKINS, -
| President. of the Senate.
WALTER A. JOHNSON,
Secretary of the Senate.
| Approved March Is, 1911,
w. R. STUBS, Governor.
State of Kansas,
/ Office of the Secretary of State.
| I, Chas H. Sessions, Secretary of Stat
! Of the State of Kansas, do hereby certif,
/, &Sat the above and foregoing is a correc
/ copy of the original enrolled bill now OF
| file IN my office.
| IN TESTIMONY WHEREOF, I hav,
hereunto subscribed my nam
| GSeall and affixed my official seal
this Is day of March 1911
i CHAS. H. SESSIONS,
Secretary of State.
| BY ]. T. BOTKIN.
| Of tat