Chapter 528. To amend an Act entitled “An Act making it a misdemeanor in the District of Columbia to abandon or willfully neglect to provide for the support and maintenance by any person of his wife or his or her minor children in destitute or necessitous circumstances,” approved March 23, 1906
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CHAP. 528.— An Act To amend an Act entitled “An Act making it a misdemeanor in the District of Columbia to abandon or willfully neglect to provide for the support and maintenance by any person of his wife or his or her minor children in destitute or necessitous circumstances,” approved March 23, 1906. June 10, 1926.[[H. R. 4812](/us/bill/69/hr/4812).][[Public, No. 365](/us/pl/69/365).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District at Columbia.Support of abandoned families.
That sections one and three of an Act entitled “An Act making it a misdemeanor in the District of Columbia to abandon or willfully neglect to provide for the support and maintenance by any person of his wife or his or her minor children in destitute or necessitous circumstances,” approved March 23, 1906, are hereby amended so as to read as follows: " “Section 1. Willful neglect or refusal to support wife or minor children, a misdemeanor.Vol. 34, p. 86, amended. That any person in the District of Columbia who shall, without just cause, desert or willfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances, or any person who shall, without just excuse, desert or willfully neglect or refuse to provide for the support and maintenance of his or her minor children under the age of sixteen years in destitute or necessitous circumstances, shall be deemed guilty Punishment of.Hard labor omitted.of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $500 or by imprisonment in the workhouse of the District of Columbia for not more than twelve months, or by both such fine and imprisonment; and should a fine be imposed it may be directed by the court to be paid in whole or in part to the wife or to the guardian or custodian of the minor child or *Proviso*.Weekly allowance in lieu of punishment at hard labor.children: *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 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 it from time to time as circumstances may require, directing the defendant to pay a certain sum weekly for the space of one year to the wife, or to the guardian or custodian of the minor child or children, or to an organization or individual approved by the court as trustee, and Release on recognizance.to release the defendant from custody on probation for the space of one year upon his or her entering into a recognizance, with or without sureties, in such sum as the court may direct.
The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court whenever ordered to do so within the year, and shall further comply with the terms of the order and of any subsequent modification thereof, then the recognizance shall be void, otherwise of full force and effect. Forfeiture of recognizance for violation of order.“If the court be satisfied by information and due proof, under oath, that at any time during the year the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him under the original conviction, or enforce the original sentence, as the case may be.
In 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 to the guardian or custodian of the minor child or children.” " “Sec. 3. Weekly payments by superintendent, breach day of confinement. That it shall be the duty of the superintendent in charge of the workhouse of the District of Columbia in which any person is confined on account of a sentence under this law to pay, out of any funds available, over to the wife, or to the guardian or custodian of his or her minor child or children, or to an organization or individual approved by the court as trustee, at the end of each week, for the support of such wife, child, or children, a sum equal to 50 cents for each day of the sentence served by said person so confined.
” Approved, June 10, 1926.