510                               LAWS OF MARYLAND                        [CH. 333

702. (a) (Summoning Witness in this State to Testify in Another
State.) If a judge of a court of record in any state which by its laws
has made provision for commanding persons within that state to
attend and testify in this state certifies under the seal of such court
that there is a criminal prosecution pending in such court, or that a
grand jury investigation has commenced or is about to commence,
that a person being within this State is a material witness in such
prosecution, or grand jury investigation, and that his presence will
be required for a specified number of days, upon presentation of such
certificate to any judge of a court of record, in the county or City of
Baltimore in which such person is, such judge shall fix a time and
place for a hearing, and shall make an order directing the witness to
appear at a time and place certain for the hearing.

(b)   If at the hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or a
grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending, or grand jury investigation
has commenced or is about to commence, and of any other state
through which the witness may be required to pass by ordinary
course of travel, will give to him protection from arrest and the serv-
ice of civil and criminal process, he shall issue a summons, with a copy
of the certificate attached, directing the witness to attend and testify
in the court where the prosecution is pending, or where a grand jury
investigation has commenced or is about to commence at a time and
place specified in the summons. In any such hearing the certificate
shall be prima facie evidence of all the facts stated therein.

(c)   If said certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting State
to assure his attendance in the requesting State, such judge may, in
lieu of notification of the hearing, direct that such witness be forth-
with brought before him for said hearing; and the judge at the hear-
ing being satisfied of the desirability of such custody and delivery,
for which determination the certificate shall be prima facie proof of
such desirability may, in lieu of issuing subpoena or summons, order
that said witness be forthwith taken into custody and delivered to an
officer of the requesting State, provided, however, that the witness
may be admitted to bail in such amount as may be fixed by such Judge,
upon condition that the witness will appear at the time and place
specified in the subpoena or summons served upon him.

(d)   If the witness, who is summoned as above provided, after
being paid or tendered by some properly authorized person the sum
of Ten Cents a mile for each mile by the ordinary traveled route to
and from the court where the prosecution is pending and Five Dollars
for each day, that he is required to travel and attend as a witness,
fails without good cause to attend and testify as directed in the sum-
mons, he shall be punished in the manner provided for the punishment
of any witness who disobeys a summons issued from a court of record
in this State.

70S. (a) (Witness From Another State Summoned to Testify in
This State.) If a person in any state, which by its laws has made pro-
vision for commanding persons within its borders to attend and
testify in criminal prosecutions, or grand jury investigations com-
menced or about to commence, in this state, is a material witness in