Page:United States Statutes at Large Volume 34 Part 1.djvu/117

 FIFTY-NINTH CONGRESS. Sess. L Ch. 1131. 1906. 87 the age of sixteen years in destitute or necessitous circumstances, shall be deemed (guilty of a misdemeanor, and on conviction thereof shall P"“““"· be punishe by a fine of not more than five hundred dollars or by imprisonment in the workhouse of the District of Columbia at hard labor for not more than twelve months, or by both such line 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 children: Provided, That before the M-ml trial, with the consent of the defendant, or after conviction, instead of Y °w°m°°` 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 lpay 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 to ltccognslzance is. release the defendant from custody on probation for the space of one q“"°d‘ 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 aplpearance in court whenever ordered to do so within the year, and s all further comply with the terms of the order and of an subsequent 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, *'°"°“"'°- that at any time during the year the defendant has violated the terms of such order., it ma forthwith proceed with the trial of the defendant under the original charge, or sentence him under the original convic- ' tion, 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. 2. That no other evidence shall be required to prove marriage P¤>¤f¤¢¤•¤1•¤¤- of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under this Act any wgmbégg gr: existing provisions of law prohibiting the disclosure of confidential ness;" communications between husband and wife shall not a ply, and both · husband and wife shall be competent and compellable witnesses to testify to any and all relevant matters, including the fact of such mar- · riage and the parentage of such child or chi dren. Proof of the m;’*'°°‘ °* d°¤°¤!°¤· desertion of such wife, child, or children in destitute or necessitous ` circumstances, or of neglect to furnish such wife, child, or children necessary and proper food, clothing, or shelter is prima facie evidence that such desertion or neglect is willful. Sec. 3. That it shall be the duty of the superintendent in charge of by"*Q;°,fJ,¥,n,g_$,{;',,$°£ the workhouse of the District of Columbia in which any person is con- workhouse. fined 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 fifty cents for eac day’s hard labor performed by said person so confined. Approved, March 23, 1906.