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LAWS OF MARYLAND.
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Chapter 37.
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AN ACT to repeal, amend and re-enact section forty-
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five of article twenty-nine of the Code of Public
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General Laws, title " Courts," sub-title " Circuit
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Courts," for the counties, as amended by chapter
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fifty-two of the acts of eighteen hundred and sixty-
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eight, relating to the passing of orders at common
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law, and taking bail in criminal cases.
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SECTION 1. Be it enacted by the General Assembly
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of Maryland, That section forty-five of article twenty-
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Repealed and
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nine of the Code of Public General Laws, as amended
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re-enacted.
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by chapter fifty-two of the acts of eighteen hundred
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and sixty-eight, be and the same is hereby repealed,
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amended and re-enacted, so as to read as follows :
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SEC. 45. Each of the circuit judges of the counties
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or judicial circuits may make orders, in recess of their
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Make order
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several courts, in cases at law, and may require in
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in recess.
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writing the original papers on any case, or abstracts
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and transcripts to be produced before them, or either
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of them, wherever they or either of them may be, for
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the purpose of passing such order, and in all criminal
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cases wherein the accused has been allowed to give
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bail, but if the court shall adjourn before he has
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Clerk may
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secured the bail, the clerk of the court may take the
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take bail.
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bail, on its being directed by order of court before
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adjournment, or of one of the judges after adjourn-
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ment, fixing the amount thereof; but the clerk shall
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accept no security without the oath or affirmation of
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the person offering himself as security, that he or she
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is worth the amount of the bail in real or personal
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estate, exclusive of his or her right to exemption, nor
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unless the clerk shall be satisfied of the truth of such
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statement on oath or affirmation; and whenever a
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party is arrested on indictment in any of the circuit
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courts, and is imprisoned during the recess of the
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Judge to fix
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court, any judge thereof, if it be a bailable case, may,
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the bail.
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by his order in writing, fix the bail and direct the
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clerk to take the same, with security or securities, who
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shall justify on oath or affirmation as hereinbefore pro-
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vided, and no security shall be taken whom the clerk
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is not fully satisfied to be worth the amount sworn to.
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Approved March 7, 1884.
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