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ART. XXVIl] DESTITUTE PARENTS. 197
Destitute Parents.
1916, ch. 637, sec. 78A.
78A. Any adult person, a resident of this State, having a parent
or parents within this State, such parent or parents being destitute of
means of subsistence and unable either by reason of old age, infirmity
or illness to support himself or herself, who is possessed of or able to
earn means sufficient to provide such parent or parents with necessary
shelter, food, care and clothing, and neglects or refuses so to do, shall,
upon conviction thereof, be deemed guilty of a misdemeanor, and, upon
conviction in any Court of the State having original jurisdiction, shall
be punished by 'fine not exceeding $500.00 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 such parent or parents; provided that,
before the trial, with the consent of the defendant, or after conviction,
instead of imposing the punishment hereinbefore provided, or, in addi-
tion 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 the Court from time
to time as the circumstances may require, directing the defendant to
pay a certain sum or sums weekly for the space of two years, to such
parent or parents, and to release the defendant from custody on proba-
tion for the space of two years upon such defendant entering into recog-
nizance in such sum as the Court shall direct, with or without sureties.
The condition of such recognizance shall be such that if the defendant
shall make personal appearance at the Court, whenever ordered so to
do within two years, and shall further comply with the terms of the
order, and of any subsequent modifications 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
said two-year period, 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 impose sentence under the original conviction,
as the case may be. In case of forfeiture of the recognizance and
enforcement thereof by execution, the sum recovered may, in the dis-
cretion of the Court, be paid, in whole or in part, to such parent or
parents.
1916, ch. 637, sec. 78B.
7813. If the defendant shall be arrested and brought before a Jus-
tice of the Peace upon the charge of violating Section 78A, 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 defendant,
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 provided in Section 78A. If
the defendant shall violate the condition of the recognizance, it may be
forfeited, and the Justice shall note the forfeiture on the recognizance
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