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TITLE 1. BOUNDARIES
1-101. Frederick County; line established.
1965 Code, sec. 5; 1937, ch. 89, sec. 2; 1976 Code, sec. 1-1; 2000, ch. 601.
The commissioners shall set up stones on the lands at points as the commissioners may deem proper and necessary, and mark the points number one, two, and so on progressively through the whole line. The line surveyed, located and marked, shall be forever the proper divisional line between Frederick and Carroll counties from the bridge over Sam’s Creek on the Buffalo Road at what was formerly Warfield’s Mill to Parr’s Spring.
1-102. Same; directive, recordation.
1965 Code, sec. 6; 1937, ch. 89, sec. 3; 1976 Code, sec. 1-2; 2000, ch. 601.
The commissioners shall proceed to the discharge of their duty as soon as they conveniently can. In the case of a vacancy occurring by death or disability, the vacancy shall be filled by the remaining commissioners selected on the part of the county in which the vacancy may exist, so that there shall always be three representatives from each county. In the case of disagreement, the commissioners may appoint among themselves one commissioner from an adjoining county. Before the commissioners proceed to business, the commissioners shall severally make oath or affirmation before the Clerk of the Circuit Court of their respective counties that they will, without favor or prejudice, to the best of their skill and judgment, run and establish the division line between Frederick and Carroll counties from the bridge over Sam’s Creek on the Buffalo Road at what was formerly Warfield’s Mill to Parr’s Spring, as nearly as may be, agreeably to the intent and meaning of the Act passed December session, eighteen hundred and thirty-five, chapter two hundred and fifty-six, and confirmed at the next succeeding session, chapter nineteen. The commissioners shall have full power and authority to contract with and employ a surveyor, chain carriers and other proper and necessary assistants for the performance of their duty. The commissioners, or a majority of them, after having carefully run out, marked and located the dividing line as described, shall cause two plats to be made out, and also two certificates under their hands and seals, specifying the courses according to the true meridian, the distances and the marks fixed and made by them to designate the line, one of each of which shall be returned to the Clerk of the Circuit Court for Frederick County, and the other to the Clerk of the Circuit Court for Carroll County, to be recorded among the Land Record books of the counties respectively.
1-103. Same; penalty provisions.
1965 Code, sec. 7; 1937, ch. 89, sec. 4; 1976 Code, sec 1-3; 2000, ch. 601.
It shall be unlawful for any person or persons to move or remove, mutilate or destroy any of the stones set up under the authority of this title, or to cause, aid or abet any person in so doing. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars, nor more than five hundred dollars, or be imprisoned in the House of Correction for a period not less than three months nor more than two years, or both.
TITLE 2. COURTS
Subtitle 1. Circuit Court; General Provisions.
2-101. Sale of unclaimed property.
1965 Code, sec. 11; 1965, ch. 65, sec. 19; 1976 Code, sec. 2-1; 2000, ch. 601; 2001, ch. 29.
   (a)   Sale of unclaimed property. Any personal property in the custody of the Circuit Court or of any of the Court’s officers or employees (1) which came into such custody as a result of any official business or transactions before the Circuit Court, (2) which is unclaimed for a period of sixty days after coming into such custody, and (3) for which no lawful claimant is available to accept delivery, may be sold as provided in this section.
   (b)   Cash sale at auction. The judge or judges of the Circuit Court for Carroll County, if in his or her or their judgment a lawful claimant for the property is not available or is unknown, shall instruct the Clerk of the Court to sell any unclaimed personal property. The sale shall be for cash to the highest responsible bidder at public auction.
   (c)   Notice. Notice of the proposed sale shall be given at least thirty days before the sale, to the owner of record of the unclaimed personal property, by notice posted in the Courthouse, by at least one publication in a paper in general circulation throughout Carroll County, and (if possible) by letter addressed to the last known address of the owner of record.
   (d)   Use of net proceeds. The net proceeds from any sale under subsection (b) of this section, after the payment of any necessary expenses relating to the custody and sale of the property, shall be paid over to the Board of County Commissioners and by the Commissioners credited to a special fund for the maintenance and improvement of the Bar Library in the Courthouse. Monies in this fund from time to time shall be expended by the County Commissioners only for these purposes and upon the order of a judge or judges of the Circuit Court.
   (e)   Regulations. The judge or judges of the Circuit Court from time to time may adopt and promulgate, amend, revise, or repeal rules and regulations for the proper administration of and not inconsistent with the provisions of this section.
   (f)   Title to property. The owner of the property is divested of title to or interest in the property at the time of sale under the provisions of this section. However, any person who establishes that the person had a right and title to the property at the time of its sale shall be repaid by the County Commissioners the amount of the net proceeds of sale. Any repayment shall be deducted by the County Commissioners from any current monies in the hands of the County Commissioners from sales made under the provisions of this section.
2-102. Court stenographers; generally.
1965 Code, sec. 12; 1965, ch. 155, sec. 30A; 1976 Code, sec. 2-2; 2000, ch. 601.
The Circuit Court for Carroll County shall appoint a competent court stenographer and whenever in its opinion the circumstances justify may appoint one or more additional court stenographers on either a full or part-time basis. The court stenographer or stenographers shall be sworn officers of the Court, shall hold office at the Court’s pleasure, and shall be entitled to the salary that the Court from time to time may prescribe, to be levied annually by the County Commissioners of Carroll County and to be paid in the installments and at the times as the other county employees are paid. The Court also from time to time, whenever deemed expedient, may appoint special court reporters and prescribe the duties and compensation of the court reporters, with the compensation to be paid by the County Commissioners.
2-103. Same; duties.
1965 Code, sec. 13; 1965, ch. 155, sec. 30B; 1976 Code, sec. 2-3; 2000, ch. 601.
   (a)   It shall be the duty of the court stenographer or stenographers:
      (1)   to take full stenographic or stenotypic notes of all proceedings and testimony in the Court;
      (2)   to prepare and file a typewritten transcript of such notes whenever so directed by the Court;
      (3)   to prepare and furnish to any party to any proceeding in the Court a typewritten transcript of such notes;
      (4)   to act as secretary to the Judge of the Fifth Judicial Circuit of Maryland who is a resident of Carroll County;
      (5)   to act as librarian of the bar library of Carroll County; and
      (6)   to perform such stenographic and stenotypic and secretarial work as the Court or any judge of the Court may require, or which may be prescribed by law.
   (b)   Before the court stenographer or stenographers shall be required to furnish a typewritten transcript of the court stenographer’s or stenographers’ notes to a party to a proceeding, the court stenographer or stenographers shall be entitled to demand of, and receive from, the party compensation for preparing the transcript at a rate as the Court from time to time may prescribe which shall be in addition to the salary provided under § 2-102 of this subtitle.
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