Allegany County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted and amended as indicated in text (Ch. 32 of the 1984 Code).]
GENERAL REFERENCES
State's attorney — See Ch. 16.
State's witnesses — See Ch. 184.

§ 73-1 Subdivision plats. [1]

[1955 Code, sec. 42; 1947, ch. 767; 1951, ch. 365, sec. 60(10)]
A. 
Prerequisites to filing subdivision plats. Whenever the owner or owners of lands in Allegany County shall subdivide their lands for town or villa sites, streets, avenues, lanes or alleys, lots or for any other purpose and shall desire, for the purpose of description and identification, a plat of said subdivision to be recorded among the land records of said County or whenever any street, avenue, public road, lane or alley shall be acquired by condemnation or otherwise by the County Commissioners of said County or by any other person or persons or body corporate, of which a plat is now required by the laws of the state to be recorded, the Clerk of the Circuit Court of Allegany County is hereby directed to receive and record the same as hereinafter described, but said Clerk shall not receive for record nor allow to be recorded in his office any such plat until the following requirements hereinafter prescribed shall have been complied with:
(1) 
Preparation. In a size in accordance with Real Property § 3-108, such plats shall be made or drawn upon a good quality of blueprint linen of the uniform size of 24 inches by 24 inches, containing a one-and-one-fourth-inch margin on the binding edge and a one-half-inch margin on all other edges thereof; shall be drawn accurately to scale; and shall contain the courses and distances of all the outlines or perimeter of as much of the whole tract proposed to be subdivided as is shown on the plat and on all roads, streets and avenues and/or shall contain references to at least two of the outlines or perimeter of the whole tract proposed to be subdivided. Where the alleys and lot lines shown on the plat are not parallel with the adjacent roads, streets and avenues, the courses and distances of such lines shall be shown on the plat by courses and distances, and their tangent points located by the coordinates hereinafter defined. The plat shall show a meridian line drawn through one of the corners of the outline or perimeter of the whole tract and another line drawn at right angles to said meridian through the same point. The meridian so drawn shall be either a true meridian or the magnetic meridian of the date of the plat and so marked on the plat. From said meridian and right-angle line, all the courses and distances and coordinates shown on the plat shall be calculated. The coordinates shall be the distances of a point from each of the two lines drawn through the corner of the outline as above directed, measured on lines parallel with said meridian and said right-angle line north or south, east or west of said corner, and these distances shall be marked on the plat at the points where coordinates are required by this section. The plat shall show the coordinates for each corner of each avenue, road or street intersection and the tangent point of all curved lines shown on said plat and shall show accurately the dimensions of each lot. No distance on the plat shall be marked "more or less," except on lines which begin or terminate or bind on a marsh, stream or any body of water. The plat shall show the position, by coordinates, of not less than four markers set in convenient places on the subdivision in such manner that, from the position of one marker, the position of one other marker will be visible. These markers shall be made of hard, durable stone or of concrete, three feet of which shall be planted into the ground. From these markers, commonly called "traverse points," all corners and lines shall be readily calculable and marked on the ground. If the subdivision lies in an area where a traverse or coordinate system is already established and the traverse points of said system can be found and used, such points so used and the coordinate values thereof shall be marked on the plat, then the meridian courses and distances and coordinates required by this section shall be shown on the plat in accordance with those of the already established traverse or coordinate system, and no markers will be required. All plats shall show all natural watercourses bordering on or running through said subdivision. All plats shall contain a reference to the deed whereby the owners of the land acquired the title to the same, setting forth the date and place of record of said deed, and when such land shall have been acquired by more than one conveyance, the outlines of the land acquired by the several conveyances shall be indicated by red lines drawn upon said plat; provided, however, that nothing in this section shall prevent the maker of said plats from placing the same on record in sections of the size and in the manner as hereinbefore provided, except that when such sectional plats are used, each section shall be marked "Part one of . . . .," "Part two of . . . .," etc. A certificate stating that the requirements of this section, as far as it concerns the making of the plat and setting of the markers, have been complied with shall be put on the reverse side of the plat and signed by the owner or owners of the land shown thereon. The plat shall be signed and sealed by a registered land surveyor or a registered professional engineer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Submission to County Engineer. All plats shall be submitted to the County Engineer for Allegany County, who shall check said plats and approve the same if in conformity with this section. The County Engineer shall place a certificate on the reverse side of said plats setting forth that the requirements of this section have been complied with. The County Engineer is hereby authorized and directed to reject all plats, the streets, avenues or alleys of which do not conform with the same general plan of development as shown on plats of adjacent subdivisions.
(3) 
Number of copies; filing fee. The maker of said plat or plats, when the same shall be presented for record, shall furnish the Clerk of the Circuit Court for Allegany County two copies of such plat or plats and shall pay to said Clerk a fee of $5 for the recordation of each plat so offered, and $1.50 for other plats.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Disposition of copies. In accordance with state law, one copy of said plat or plats shall be securely fastened by said Clerk in the book hereafter provided for. One copy shall be promptly sent by said Clerk, together with 1/2 of said filing fee, to the Commissioner of the Land Office, who shall number and file the same as a part of the substance records of his Office and notify the Clerk of the number so given. Upon receiving the notice of the number as aforesaid from the Commissioner of the Land Office, the Clerk shall enter said number on the plat recorded among the land records of Allegany County. One copy shall be sent by said Clerk to the Supervisor of Assessments for Allegany County, which shall be placed by said Supervisor of Assessments in and attached to the plat book in this section required by him to be kept.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Plat records. The Clerk of the Circuit Court and the Supervisor of Assessments of said County shall maintain an electronic record of plats.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Part of land records. Such plats, when filed for record as in this section provided, shall constitute a part of the land records of said County and shall have the same force and effect as to notice as is now given to properly recorded deeds.
E. 
Dedication to public use; reconversion. When said plats are so recorded, those portions of said land designated on said plats as streets, roads, avenues, lanes, alleys and public parks or squares shall be and the same are hereby declared to be forever dedicated to public use and shall not thereafter, on any pretext whatsoever, be altered or taken for private use; provided, however, that nothing herein contained shall affect the rights of any person or persons owning or claiming any interest in said land derived by, from or under any persons other than the maker of such plat or by, from or under such maker prior to such subdivision; and provided, further, that the maker of any such plat or plats, his heirs or assigns shall have the right to apply by petition in equity to the Circuit Court for said County for leave to abandon the subdivision of lands so made by him and reconvert the same into one tract or parcel or to amend or alter said plat, and said Court, if convinced upon such proof and after such notice by publication or otherwise, as it shall direct, that no damage can be in any wise sustained by persons other than the petitioners, shall have power to pass an order authorizing and empowering such petitioner to abandon such subdivision, either in whole or in part, or to amend or alter the same, and the proceedings had under such petition shall be docketed in the equity dockets and recorded in the equity or judgment records of said Court, the petitioners in all cases paying the same fees, costs and charges as are charged for like work, and when such orders are passed, the Clerk of said Court shall endorse on the plat affected thereby the dates and place of record of such orders.
F. 
Copies of original plats.
(1) 
Whenever the owner of any lands of which a plat has been heretofore made and placed in the land record books of said County shall cause to be made an exact copy of said plat, except as to necessary change of scale and the addition of such matter as may be necessary to make the same conform to the requirements of the preceding subsections, and shall comply with the requirements of the preceding subsections as applied to plats of new subdivisions, the same may be admitted to record and filed as other plats. The Clerk shall thereupon endorse upon said original plat a reference to the record book or place where the new plat has been filed, a certificate that the plat heretofore filed in said record book has been copied and made to conform to the provisions of this subsection and that said copy has been filed and recorded under the provisions of this subsection, which certificate shall give the reference where said original plat may be found, provided that before said new plat shall be entitled to record as hereinbefore provided, there shall be endorsed upon same, in addition to the other certificate required by this subsection, the certificate of the County Engineer of Allegany County that the same is an exact copy of said original plat, except as to those changes made necessary by the provisions of this subsection.
(2) 
References changed. After such new plats shall have been recorded and said certificate endorsed upon the land record books as hereinbefore provided, all deeds, mortgages and other instruments of writing conveying any interest in any lands, referring for a part of the description of the same to a plat mentioned as being recorded among the land record books or plat case boxes of said County, shall be taken and deemed to refer to the place at which said new plats shall, by said Clerk's certificate, be stated to be recorded.[6]
[6]
Editor's Note: Original Subsection F(3), Copying of plats recorded prior to 1947; insertion in plat books, and Subsection F(4), Compensation and payment of surveyor or draftsman, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). All plats were transferred to Maryland State Archives and are maintained there, where they are available electronically.
(3) 
Endorsement by County Engineer. Before said copies shall be substituted for the original plats as herein provided, there shall be endorsed upon each copy a certificate of the County Engineer that it is a true and accurate copy of the original plat of which it purports to be a copy.[7]
[7]
Editor's Note: Original § 32-5, Conditional sales, chattel mortgages and bills of sale, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: The following original sections, which immediately preceded this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 32-1, Employment of stenographer, § 32-2, Re-recording illegible documents, and § 32-3, Validity of re-recorded documents continued. In addition, former § 32-3.1, Recordation tax, added 3-4-1983 by Bill No. 1-83, effective 5-2-1983, which previously preceded this section, was repealed 12-7-1994 by Bill No. 3-94, effective 1-21-1995. The recordation tax is now covered by Art. IV of Ch. 492, Taxation.

§ 73-2 Official Court Reporter.

A. 
Appointment and compensation. The Judges of the Fourth Judicial Circuit of Maryland are hereby authorized and directed to appoint an Official Court Reporter for the Circuit Court for Allegany and Garrett Counties, who shall be a sworn officer of the courts of said circuit. The Official Court Reporter so appointed for the Circuit Court for Allegany and Garrett Counties shall receive such salary as said Judges of the Fourth Judicial Circuit may authorize, in writing, to be paid him by the County Commissioners of Allegany and Garrett Counties, respectively, in regular monthly installments.
[P.L.L., 1930, Art. 1, sec. 73; 1955 Code, sec. 52; 1920, ch. 201; 1922, ch. 254, sec. 2; 1927, ch. 461, sec. 2; 1943, ch. 400, sec. 73; 1947, ch. 214, sec. 73; 1963, ch. 156, sec. 52; 1963, ch. 280, sec. 52]
B. 
Payment of salary. The County Commissioners of Allegany and Garrett Counties shall levy and pay to said Court Reporter so appointed for the Circuit Courts for Allegany and Garrett Counties such salary as said Judges of the Fourth Judicial Circuit may authorize, in writing, in monthly installments as long as the Official Court Reporter is performing the official duties herein provided for or until said County Commissioners are notified by the Judges of said circuit to the contrary.
[P.L.L., 1930, Art. 1, sec. 74; 1955 Code, sec. 53; 1922, ch. 254, sec. 4; 1943, ch. 400, sec. 74; 1947, ch. 214, sec. 74; 1963, ch. 280, sec. 53]
C. 
Qualifications and duties. The Official Court Reporter so appointed for the Circuit Courts for Allegany and Garrett Counties shall be skilled in the art and practice of stenography and typewriting and shall hold said position until removed by the Judges of said circuit, or a majority of them, and in case of a vacancy in said office, said Judges are authorized and directed to appoint a suitable person in conformity with this subsection to fill such vacancy. It shall be the duty of the Official Court Reporter, at the discretion of said Court, to take full stenographic notes of all oral testimony and judicial opinions orally delivered at the regular terms and at all trials of cases in law or in equity of said Court when the testimony is taken in open court and any other judicial opinions or judicial matters pertaining to the business of the Fourth Judicial Circuit of Maryland, when requested by any of the Judges thereof. It shall be the duty of the Official Court Reporter to furnish to any party to such proceedings or his attorney, promptly upon request, a typewritten copy of the notes of testimony and judicial opinions so delivered in open court and recorded stenographically or so much thereof as may be requested, on payment by such party of the expense of said copy at the rate in accordance with the schedule of fees adopted by the Court. When any Judge of said Court shall pass an order requesting a typewritten copy of all or any part of the notes of the Official Court Reporter taken as aforesaid to be made, it shall be the duty of the Official Court Reporter to make such copy without charge, and said transcript and also the transcript of all testimony taken as provided in equity cases shall be filed in the proceedings in which said notes were taken.
[P.L.L., 1930, Art. 1, sec. 75; 1955 Code, sec. 54; 1922, ch. 254, sec. 5; 1927, ch. 68; 1959, ch. 353; 1963, ch. 156, sec. 54; 1963, ch. 280, sec. 54]
D. 
Daily attendance required. It shall be the duty of the Official Court Reporter for Allegany and Garrett Counties to be in attendance daily to do all the work required of him or her by the Chief Judge or any of the Associate Judges of said circuit.
[P.L.L., 1930, Art. 1, sec. 76; 1955 Code, sec. 55; 1922, ch. 254, sec. 6; 1963, ch. 280, sec. 55]
E. 
Substitute Official Court Reporter. In case of a vacancy in the office of Official Court Reporter or in case said Official Court Reporter shall be ill or incapacitated or for some sufficient reason be unable to be present, the Judges of said circuit may employ a substitute Official Court Reporter, who shall also be a sworn officer of the Court, and said substitute Official Court Reporter so appointed shall receive such compensation as said Judges of the Fourth Judicial Circuit may authorize, in writing, to be paid him or her by the County Commissioners of Allegany and Garrett Counties for taking testimony and shall also be entitled to the fees herein provided for transcripts.
[P.L.L., 1930, Art. 1, sec. 77; 1955 Code, sec. 56; 1922, ch. 254, sec. 7; 1963, ch. 280, sec. 56]
F. 
Costs for transcripts. In all equity cases when the testimony is taken in open court and in all cases which shall be appealed by any court to the Court of Appeals of Maryland, the costs of said Reporter for making the original transcript in said case shall be taxed and paid as other court costs are paid in said circuit.[1], [2]
[P.L.L., 1930, Art. 1, sec. 78; 1955 Code, sec. 57; 1922, ch. 254, sec. 8]
[1]
Editor's Note: Former Subsection G, Attendance at Grand Jury; transcripts, adopted and amended 1955 Code, sec. 58; 1943, ch. 422, sec. 78A; 1963, ch. 280, sec. 58, and former Subsection H, Violations of secrecy, adopted and amended 1955 Code, sec. 60; 1943, ch. 422, sec. 78C; 1963, ch. 280, sec. 60, which immediately followed this subsection, were repealed 2006, ch. 372.
[2]
Editor's Note: Original § 32-7, Compensation of court examiner, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 73-3 Appointment and compensation of court employees; removal.

[P.L.L., 1930, Art. 1, sec. 79; 1955 Code, sec. 61; 1920, ch. 93; 1924, ch. 173; 1953, ch. 555; 1957, ch. 809, sec. 79; 1963, ch. 280, sec. 61; 1965, ch. 156; 1971, ch. 91[1]]
A. 
In accordance with § 2-501 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, the Judges of Circuit Court for Allegany County, Maryland, are hereby authorized and empowered to appoint and employ court administrators, assignment commissioners, auditors, masters, examiners, court reporters, messengers, bailiffs, court criers, librarians, clerks, secretaries, stenographers, jury commissioners, law clerks and other employees necessary to conduct the business of the court.
B. 
Compensation. Each employee of the Circuit Court is entitled to compensation as provided in the appropriate budget and shall perform the duties that the Judge directs.
C. 
Such employees shall not be eligible for membership in the County Classified Employees System.
D. 
Such employees shall be subject to removal with our without cause upon order of the Circuit Court.[2]
[2]
Editor's Note: Original § 32-9, Employment and compensation of bailiff, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 73-4 Compensation of Court Clerk for maintenance and upkeep of library.

[1955 Code, sec. 63; 1937, ch. 496; 1959, ch. 142; 1972, ch. 42; 2006, ch. 44]
The County Commissioners of Allegany County are directed to pay to the Clerk of the Court, to be expended under the direction of the Judges of said Court for the augmentation, maintenance and upkeep of the library of said Court, such sums of money as said Judges may, from time to time, request for the purpose aforesaid, such sums in the aggregate not less than the sum of $3,000 in any one year; provided, however, that such payments shall be made only in the event that the amounts received by said Clerk for the aforesaid purposes from fines and forfeitures, as provided by § 7-507 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, shall be insufficient for said purposes.[1]
[1]
Editor's Note: Original § 32-11, Probation Officer, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).