Chap. 111.—An ACT making it a misdemeanor to desert without just cause o1
wilfully neglect to provide for the support and maintenance by any person of
his wife or minor children in destitute or necessitous circumstances, and to pro-

vide a penalty therefor.
Approved March 12, 1904.

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1. Be it enacted by the general assembly of Virginia, That-any person
who shall, without just cause, desert or wilfully neglect to provide for the
support of his wife or minor children in destitute or necessitous circum-
stances, shall be deemed guilty of a misdemeanor, and shall be punished
by imprisonment in jail not exceeding one year: 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 circumstances and finan-
cial ability of the defendant, shall have the power to enter an order,
which shall be subject to change by it from time to time, as the circum-
stances may require, directing the defendant to pay.a certain sum weekly
or monthly for the space of one year to the wife or to the custodian of
the minor, and to release the defendant from custody on probation. for
the space of one year upon his entering into a recognizance, with or with-
out sureties, in such sum: as the court shall direct. The condition of the
recognizance shall be such that if the defendant shall make his personal
appearance at court whenever ordered to do so within the year, and shall
further comply with the terms of the order or of any subsequent modifi-
cation thereof, then the recognizance shall be void, otherwise to remain
in 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 forthwith proceed to the trial of the defendant under
the original indictment, or sentence him under the original conviction,
as the case may be. In the case of forfeiture of a recognizance and en-
forcement hereof by execution, the sum recovered may, in the discretion
of the court, be paid in whole or in part to the wife or to the custodian
of the minor.

2. The corporation or hustings courts of the cities and’ the circuit
courts of the counties, respectively, shall have exclusive original jurisdic-
tion of all prosecutions and proceedings under this act.