MARVIN MANDEL, Governor                                     295

UNLESS THE STATE'S ATTORNEY MAKES APPLICATION IN
WRITING PRIOR TO THE EXPIRATION OF SEVEN CALENDAR DAYS
FROM THE DATE OF COMMITMENT OF THE WITNESS TO A JUDGE
OF THE CIRCUIT COURT OF THE COUNTY OR TO A JUDGE OF
THE SUPREME BENCH OF BALTIMORE CITY WHERE THE WITNESS
IS COMMITTED FOR AUTHORITY TO CONTINUE TO HOLD THE
WITNESS, THE SHERIFF, WARDEN, OR OTHER CUSTODIAN OF
THE JAIL SHALL IMMEDIATELY UPON THE EXPIRATION OF
SEVEN DAYS RELEASE THE WITNESS.

(F)   CONTINUED CONFINEMENT.

THE FILING OF A PETITION FOR AUTHORITY TO CONTINUE
TO HOLD A WITNESS LONGER THAN SEVEN DAYS MAY BE
GRANTED BY A JUDGE, ONLY UPON THE CONDITIONS AND IN
ACCORDANCE WITH THE PROCEDURE PROVIDED BY THE MARYLAND
RULES.

(G)   AUTHORITY OF STATE'S ATTORNEY.

THE STATE'S ATTORNEY MAY [[HAVE AUTHORITY TO]]
ORDER THE RELEASE OF THE WITNESS FROM CUSTODY AT ANY
TIME BEFORE OR AFTER THE EXPIRATION OF SEVEN DAYS BY
PLACING AN ENDORSEMENT TO THAT EFFECT ON THE
COMMITMENT OR WARRANT.

(H) COMPENSATION.

A CONFINED WITNESS SHALL BE PAID $10 PER DAY FOR
EACH DAY CONFINED IN ADDITION TO THE WITNESS FEES
PAYABLE PURSUANT TO §9-202. PAYMENT SHALL BE MADE BY
THE COUNTY IN WHICH THE PROSECUTION OF THE CASE IS
CARRIED ON.

REVISOR'S NOTE: This section presently appears as
Art. 35, §§ 20A and 21. The two sections are
combined and divided into subsections because
they deal with the same subject matter. The
language is considerably condensed for the
purpose of clarity and repetition and is
proposed for deletion. Changes in style are
made, but the substance remains the same
except for some provisions in §21 which are
removed because of a conflict with §20A.
Sec. 21 was first enacted in 1752, and §20A
was enacted in 1959 so that the inconsistency
is resolved in favor of the later statute.

SEC. 9-204. DISCHARGE FROM EXECUTION FOR FAILURE TO
ATTEND.