Abandonment Of Wife And Children

Every person who shall, without good cause, abandon his wife and neglect and refuse to maintain and provide for her, or who shall abandon his or her minor children under the age of 12 years, in destitute or necessitous circumstances, and wilfully neglect or refuse to maintain or provide for such children, shall be guilty of a misdemeanor. Penalty: Fine of not less than $100, or more than $500, or imprisonment in county jail, house of correction or work house for not less than one nor more than 12 months, or both. The fine, in whole or part, may be ordered paid to the wife or the guardian of the children. Before or after conviction the court, instead of imposing the above punishments or in addition thereto, having regard for the financial ability of the defendant, may pass an order which shall be subject to change from time to time, directing the defendant to pay a certain sum weekly, for one year, to the wife or guardian of the minor children, or to release the defendant on probation for one year upon his entering into a recognizance with or without sureties. If the defendant shall make his personal appearance in court whenever ordered to do so within a year and shall comply with the terms of the order entered, the recognizance shall be void, otherwise of full force and effect.

If the court be satisfied at any time that the defendant has violated the terms of its order, it may sentence the defendant, under the original conviction. In case of forfeiture of the bond, the sum recovered on the same may be paid in whole or in part to the wife or guardian of the minor children.

R. s., ch. 68, sec. 24.

Sec. 25.

Evidence For Prosecution

The wife may testify under this act as to all matters, including the marriage and the parentage of such children.

R. S., ch. 38, sec. 42h.

Penalty For Abandoning Child

It is a felony for any person having the legal control or custody of any child under one year of age to abandon such child. Penalty: Fine of not less than $300, nor more than $1,000, or imprisonment in penitentiary not exceeding three years or both.

R. S., ch. 58, sec. 1.

Effect Of Abandonment

If any child in this state under the age of one year shall be wilfully abandoned by its parents and taken and cared for by any charitable institution in this state such parents shall thenceforth lose all their right, control and authority over said child, and such right, control and authority shall become vested in said institution.

If such child be left by its parents at any charitable institution, it shall be deemed a wilful abandonment for the purposes of this act.

In case of illegitimate children or where the father of a legitimate child shall have wilfully deserted his family for one year, an abandonment by the mother shall be deemed an abandonment by the parents.

Sec. 2.

Sec. 3.