400                                       LAWS OF MARYLAND                            [Ch. 2

title "Crimes and Punishments", subtitle "Venue,
Procedure, and Sentence", subheading "Indictments", be
and it is hereby repealed and re—enacted with
amendments to read as follows:

616 1/2. BAIL; WARRANTS; REFUSAL OF BAIL; FORFEITURE
OF BAIL; SPECIAL PROVISIONS IN SECOND AND SEVENTH
CIRCUITS.

(A) SUBJECT TO THE PROVISIONS OF SUBSECTION (C)
OF THIS SECTION, IN A CRIMINAL CASE IN THE CIRCUIT
COURT OF A COUNTY OR A COURT OF THE SUPREME BENCH OF
BALTIMORE CITY EXERCISING CRIMINAL JURISDICTION
WHEREIN THE ACCUSED HAS BEEN ALLOWED TO GIVE BAIL, IF
THE COURT SHALL ADJOURN BEFORE HE HAS SECURED THE
BAIL, THE CLERK OF THE COURT MAY TAKE THE BAIL, ON ITS
BEING DIRECTED BY ORDER OF COURT BEFORE ADJOURNMENT,
OR OF ONE OF THE JUDGES AFTER ADJOURNMENT, FIXING THE
AMOUNT THEREOF; BUT THE CLERK SHALL ACCEPT NO SECURITY
WITHOUT THE OATH OR AFFIRMATION OF THE PERSON OFFERING
HIMSELF AS SECURITY, THAT HE OR SHE IS WORTH THE
AMOUNT OF THE BAIL IN REAL OR PERSONAL ESTATE,
EXCLUSIVE OF HIS OR HER RIGHT TO EXEMPTION, NOR UNLESS
THE CLERK SHALL BE SATISFIED OF THE TRUTH OF SUCH
STATEMENT ON OATH OR AFFIRMATION; AND WHENEVER A PARTY
IS ARRESTED ON INDICTMENT IN ANY OF THOSE COURTS, AND
IS IMPRISONED DURING THE RECESS OF THE COURT, ANY
JUDGE THEREOF, IF IT BE A BAILABLE CASE, MAY, BY HIS
ORDER IN WRITING, FIX THE BAIL AND DIRECT THE CLERK TO
TAKE THE SAME, WITH SECURITY OR SECURITIES, WHO SHALL
JUSTIFY ON OATH OR AFFIRMATION AS HEREINBEFORE
PROVIDED, AND NO SECURITY SHALL BE TAKEN WHOM THE
CLERK IS NOT FULLY SATISFIED TO BE WORTH THE AMOUNT
SWORN TO.

REVISOR'S NOTE: Subsection (a) contains the
substance of Art. 26, §33 (a) , which is
proposed for repeal.

(B)(1) SUBJECT TO THE PBOVISIONS OF SECTION (C)
OF THIS SUBSECTION, EVERY DISTRICT COURT JUDGE MAY SET
BOND OR BAIL OR RELEASE ON PERSONAL RECOGNIZANCE,
BOND, PERSONAL OR OTHERWISE, COMMIT TO JAIL IN DEFAULT
OF BOND, FORFEIT BONDS UPON FAILURE OF THE DEFENDANT
TO BEET THE CONDITIONS OF THE BOND AND EXERCISE ALL OF
THE POWERS OF JUSTICES OF THE PEACE UNDER THE
CONSTITUTION OF 1867.

(2) IN THE DISTRICT COURT, IN ALL CRIMINAL OR
TRAFFIC VIOLATIONS FOR WHICH BOND HAS BEEN SET, A
DEFENDANT OR A PRIVATE SURETY ACTING IN HIS BEHALF MAY