1236 ARTICLE 27

proceedings in the case have been certified to him as hereinbefore provided,
to issue a warrant to the Warden of the Maryland Penitentiary, ordering
and directing him to execute said judgment at such time as in his warrant
he shall appoint.

An. Code, 1924, sec. 410. 1922, ch. 465, sec. 6. 1933 (Special Sess.), ch. 100.

488. Immediately upon sentence of death being pronounced upon any
convict by any Court of this State, the convict shall be taken into custody
by the Sheriff of the county or city wherein he was indicted, and held by
him under such guard or guards as the Sheriff shall determine to be
necessary, and as soon thereafter as possible, said convict shall be, by the
said Sheriff delivered to the Warden of the Maryland Penitentiary, where
he shall be placed in solitary confinement under such guard or guards as
might be necessary, to await the execution of his sentence by the said
Warden as aforesaid. No expense incident to the detention of the said
convict in the Maryland Penitentiary, including the expense of guarding,
lodging, feeding, clothing and caring for such convict, shall be assessed
against, billed to or paid by the County Commissioners of the County
where said convict was indicted, or the Mayor and City Council of Balti-
more, if indicted in Baltimore City.

No expense incident to the guarding, lodging, feeding, clothing and
caring for any person sentenced to any State institution shall be assessed
against, billed to or paid by the County Commissioners of the County
where such person was indicted, or the Mayor and City Council of Balti-
more, if indicted in Baltimore City, irrespectively of whether or not the
judgment, upon which such sentence is imposed, is thereafter reversed.

County Commissioners liable for per diem of guards as fixed by sec. 768 even if
execution does not take place due to commutation of sentence. State v. Anne Arundel
Co., 166 Md. 223 (decided prior to act of 1933 [Special Sess.], ch. 100).

An. Code, 1924, sec. 411. 1922, ch. 465, sec. 7.

489. Should the condemned felon, while in the custody of the Warden
of the Maryland Penitentiary or the Sheriff of the county or city where he
was indicted, be granted a reprieve by the Governor, or should the execution
of the sentence be stayed by any competent judicial proceeding, notice of
such reprieve or stay of execution shall be served upon the said Warden
or Sheriff, as well as upon the condemned felon, and the said Warden or
Sheriff shall yield obedience to the same, and said felon shall remain in the
custody of said Warden or Sheriff where he happens to be at the time of
that notice. In any subsequent proceeding the mandate of the Court having
regard to the condemned felon, shall be served upon the Warden or Sheriff,
then having said felon in custody, as well as the said felon. Should the said
felon be resentenced by the Court, then the proceedings shall be as herein-
before provided under the original sentence. Should a new trial be granted
such condemned felon after he has been conveyed to the Penitentiary, then
he shall be conveyed back to the place of trial by such guard or guards as
the Warden may direct, their expenses to be paid as is now provided by law
for the conveyance of convicts to the House of Correction.

An. Code, 1924, sec. 412. 1922, ch. 465, sec. 8.

490. Upon application of the relatives of the person convicted, the body
after execution shall be returned to their address and at their cost, other-