reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 2 - BRIDGES (§§ 54-11-201 — 54-11-227) › Section 54-11-226 - Report of commissioners as to repairs

It is the duty of the commissioners under §
54-11-225
to report to the first session of the county legislative body after the completion of any work that they may have had under contract, which report shall set forth the kind of repairs that have been made, by whom made, and for what amount.
Acts 1859-1860, ch. 90, § 2; Shan., § 1739; Code 1932, § 3065; impl. am. Acts 1978, ch. 934, §§ 7, 36; modified; T.C.A. (orig. ed.), § 54-1132.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 2 - BRIDGES (§§ 54-11-201 — 54-11-227) › Section 54-11-227 - Payment of reported repairs

Upon the filing of the report of the commissioners, it shall be the duty of the county legislative body to order the repairs to be paid as other claims against the county.
Acts 1859-1860, ch. 90, § 3; Shan., § 1740; Code 1932, § 3066; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1133.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-301 - Free ferries over streams running through or bounding counties - Establishing

A county is empowered, through its county legislative body, to establish free public ferries over any stream running through or bounding the county, at a point or points as may be determined, and to purchase and provide all necessary equipment, boats, etc., and employ labor required to operate the ferries.
Acts 1911, ch. 13, § 1; Shan., § 1720a3; Code 1932, § 3042; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1201.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-303 - Joint ferries over streams separating counties

(a)
It is lawful for any two (2) or more counties separated by a stream, navigable or unnavigable, to unite in the erection, establishment, and operation of a ferry over the stream, each of the counties, if not more than two (2), paying one-half (½) of all the expenses incurred in the erection and maintenance.
(b)
If more than two (2) counties combine in the improvement and work, each shall pay an equal part of the expense, or they may meet the expense under terms they may provide by contract.
Acts 1911, ch. 13, § 3; Shan., § 1720a5; Code 1932, § 3044; T.C.A. (orig. ed.), § 54-1203.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-304 - Appropriations - Oversight of work under road commissioner or a special commissioner

(a)
The counties are authorized to appropriate money for the purposes set forth in §§
54-11-301
- 54-11-303.
(b)
The counties may place the oversight of all the work and improvement under the county road commissioners or under the road commissioner for the district in which the ferry may be situated, or under a special commissioner, and may require reports from the party or parties at any time.
Acts 1911, ch. 13, § 4; Shan., § 1720a6; Code 1932, § 3045; T.C.A. (orig. ed.), § 54-1204.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-305 - Ferry operator - Selection and salary - Vacancy

The county legislative body at any session may select and fix the salary of the ferry operators for ferries established under this part; however, in cases of vacancy occasioned by death or permanent disability, the county mayors are authorized to name a successor to serve until the next session.
Acts 1911, ch. 13, § 5; Shan., § 1720a7; Code 1932, § 3046; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; modified; T.C.A. (orig. ed.), § 54-1205; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-306 - Free ferries and ferry roads on navigable rivers

(a)
The county legislative body has the power to make appropriations of money for the establishment of ferries and ferry roads on any of the navigable streams of this state, and also for the construction of all proper and necessary roads, leading across the river bottom lands, and up and down the river banks to the ferries.
(b)
When the ferries and ferry roads are established, they may be declared by the legislative body free to the general public or to the citizens of the county or counties in which they are located.
Acts 1901, ch. 30, § 1; Shan., § 1720a1; Code 1932, § 3040; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1206.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-307 - Appropriations for operation and construction of ferries - Commissioner appointed - Duties

The county legislative body has the power to:
(1)
Make appropriations of money, from time to time, to pay persons for operating the ferries, which they may establish;
(2)
Appoint one (1) or more persons as commissioner, to contract for the building of ferry boats, construction of roads, and to do any other thing necessary for the construction of all proper roads and the establishment of the ferries contemplated by this part; and
(3)
Make the necessary appropriations of moneys for the payment for the building of ferry boats and construction of roads.
Acts 1901, ch. 30, § 2; Shan., § 1720a2; Code 1932, § 3041; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1207.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-308 - Commissioner of transportation authorized to acquire and operate ferries connecting state roads - Operation of other ferries limited

(a)
The commissioner of transportation has the power to acquire by donation, purchase, or exercise of the power of eminent domain under the general law the assets of any ferry service business operating as a connection between state roads and is authorized to operate the business as a function of the department.
(b)
The department may continue to operate any ferries now operated by the department, but in the future shall only operate ferries connecting state roads.
(c)
The department may discontinue any ferry service business when it is no longer financially feasible, on reasonable public notice, except the department shall continue to operate the Cumberland City ferry or, in the alternative, arrange for and cause to be implemented another method for its continued operation by another public body.
(d)
(1)
The commissioner shall charge reasonable tolls for the use of a ferry service business based on a user classification schedule. School buses and state and county vehicles shall be exempt from the payment of the toll. The fee charges that are established for the Cumberland City ferry shall provide that the fee shall not exceed seventy-five cents (75¢) per day for local residents who use the ferry.
(2)
As used in subdivision (d)(1), "local residents" includes residents of Stewart, Montgomery, and Houston counties.
Amended by 2013 Tenn. Acts, ch. 308, s 29, eff. 7/1/2013.
Acts 1981, ch. 255, §§ 1-4; 1982, ch. 918, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 11 - PUBLIC FORDS, FERRIES, AND BRIDGES (§§ 54-11-101 — 54-11-309) › Part 3 - FERRIES (§§ 54-11-301 — 54-11-309) › Section 54-11-309 - Limitations on ferriage rates - Application for waivers

(a)
Except as otherwise provided in subsection (b), no person shall charge as ferriage on any stream on any highway included in the state highway system or maintained in whole or part by the department of transportation more than the rate fixed as follows:
Automobile and passengers...................................................
$2.00
Person, each, on foot............................................................
0.50
Truck or bus (one (1) ton capacity and under) and driver......
2.00
Truck or bus (one (1) ton capacity and over) and driver.........
4.00
Automobile trailer...................................................................
1.50
Truck trailer or bus trailer......................................................
3.00
Motorcycle and driver............................................................
2.00
(b)
Upon application submitted to the department requesting a waiver of the maximum rate fixed within subsection (a), the commissioner may fix a maximum rate in excess of that fixed within subsection (a). Any maximum rate fixed by the commissioner pursuant to this subsection (b) shall be promulgated as a rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In promulgating any such rule, the commissioner shall give due consideration to:
(1)
The public's need for adequate and efficient ferriage service at a reasonable and prudent cost; and
(2)
The ferry operator's need of revenues sufficient to enable the operator, using honest, economical, and efficient management, to provide the ferriage services and to earn a reasonable profit.
Amended by 2013 Tenn. Acts, ch. 308, s 11, eff. 7/1/2013.
Acts 1996, ch. 1007, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-101 - Power to establish road improvement districts

The monthly county court is vested with the power at any regular, special, or adjourned session to establish road improvement districts for the purpose of building and maintaining public roads in the road improvement districts, and building bridges, culverts, and levees on the roads and to locate and establish the roads, or provide for these things being done whenever they are of public utility or conducive to the public welfare.
Acts 1919, ch. 193, § 1; 1921, ch. 147, § 1; Shan. Supp., § 1682a10; Code 1932, § 2823; modified; T.C.A. (orig. ed.), § 54-1301.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-102 - Body exercising jurisdiction of former monthly county court

In each county, the body that is authorized to perform the duties vested in the monthly county court in this chapter shall be the entity to which the duties of the former monthly county court in each county were transferred after 1978, and all references in this chapter to the monthly county court shall be deemed a reference to the successor entity, unless otherwise stated.
Acts 1919, ch. 193, § 1; Shan. Supp., § 1682a11; Code 1932, § 2824; modified; T.C.A. (orig. ed.), § 54-1302.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-103 - Petition for road improvement district

(a)
Before any monthly county court establishes a road improvement district as defined in §
54-12-101
, a petition, signed by twenty-five percent (25%) of the landowners in the district who will be affected by or liable to be assessed for the expenses of the proposed improvement, shall be filed in the office of county clerk in which the improvement is to be made.
(b)
The petition shall describe the lands proposed to be included in the district by metes and bounds, or otherwise so as to convey intelligible description of the lands, and likewise the termini and general location of the road or roads shall be given in the petition. Likewise, the petition shall allege that the roads proposed are for the public benefit and utility. The petition shall have other allegations necessary to give the court a clear understanding of the necessity for the proposed road and the benefits it will be to the public.
(c)
An attorney may sign the names of the landowners to the petition as in other cases.
Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a12; Code 1932, § 2825; modified; T.C.A. (orig. ed.), § 54-1303; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-104 - Bond for costs and expenses - Increase in penalty or security

(a)
There shall be filed with the petition a bond, with adequate security in a penal sum that the county clerk deems adequate, to be approved by the county clerk, and conditioned for the payment of the costs and expenses of this proceeding, provided the prayer of the petition is not granted, or the petition is dismissed for any cause.
(b)
The county court may at any time have the bond increased in penalty or security.
Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a13; Code 1932, § 2826; modified; T.C.A. (orig. ed.), § 54-1304; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-105 - Road improvement district confined to boundaries of county

The bounds proposed to be embraced in the improvement district shall not go beyond the boundaries of the county in which the petition is filed, and the petition shall be accompanied by a general plat showing the location of the improvement district and the relation to the lines of the county in which it is created.
Acts 1919, ch. 193, § 2; Shan. Supp., § 1682a14; Code 1932, § 2827; T.C.A. (orig. ed.), § 54-1305.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-106 - Petitioners may employ counsel in preliminary matters - Compensation for services, fixing

(a)
The petitioners for the improvement district are authorized to employ counsel to assist in filing the petition and in all preliminary matters necessary in having the district established, and attending to the matters of the district, so far as may be necessary, and so far as the monthly county court may think needed after the district is ordered established, contracting with the attorneys for the amount to be paid for their services, which contract shall be ratified and approved by the monthly county court, if deemed reasonable.
(b)
(1)
If not reasonable, the monthly county court shall, by order, fix the amount to be allowed for legal services, fixing the amount as it deems reasonable and proper.
(2)
The amount of fees fixed for legal services shall become a debt and charge against the district as other preliminary expenses are, such as charges for services of an engineer, etc., and to be paid in like manner.
Acts 1919, ch. 193, § 110; Shan. Supp., § 1682a124; Code 1932, § 2939; modified; T.C.A. (orig. ed.), § 54-1306.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-107 - Committee for petitioners in preliminary matters in establishing district - Compensation

(a)
The petitioners are authorized to select from their number a committee of three (3) or five (5), as they deem expedient, which committee shall act for the petitioners in all preliminary matters as their services may be needed in having the district established, and which committee shall have the power to bind the petitioners in all preliminary matters looking to the establishment of the district.
(b)
This committee shall elect out of its members officers it deems necessary, and shall keep a record of the committee's proceedings.
(c)
The members of this committee shall receive for service compensation as fixed by the monthly county court, and paid out of the funds of the district when established in the same way as is provided for the payment of other just charges against the district.
Acts 1919, ch. 193, § 111; Shan. Supp., § 1682a125; Code 1932, § 2940; modified; T.C.A. (orig. ed.), § 54-1307.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-108 - Contents of petition - Hearing - Publication for landowner defendants

(a)
The court shall set a day for a hearing, and direct publication be made for all landowners set out in the petition who are not petitioners, when:
(1)
A petition is filed with all the necessary allegations, and the petition is sworn to, by one (1) or more of the petitioners, and shows that sixty percent (60%) in acres of the land within the boundaries of the district sought to be created is owned by the petitioners;
(2)
The petition is accompanied by a general plat, and a general description of the district sought to be created;
(3)
A description by surrounding landowners is given in the petition of the respective tracts of land, within the bounds, and the names of the owners of the tracts who are not petitioners, are set out in the petition;
(4)
The petitioners ask that provision be made for funds to defray the preliminary costs and expenses up to that stage in the proceedings where the report of the commissioners for the assessment of benefits has been filed and confirmed; and
(5)
The monthly county court deems it expedient that provisions should be made for a fund to cover the preliminary costs and expenses.
(b)
Publication shall be made in some newspaper published in the county in which the district is located, and if located in more than one (1) county, then in a newspaper in each county, the publications to be for three (3) consecutive weeks, the last publication to be at least ten (10) days before the day set for the hearing. The publication shall notify the landowners of the pending suit, and the prayer for the creation of a fund to pay the preliminary costs and expenses, and the day fixed for the hearing, and notify them to appear and show cause why an assessment to create the fund should not be made.
Acts 1919, ch. 193, § 3; Shan. Supp., § 1682a15; Code 1932, § 2828; modified; T.C.A. (orig. ed.), § 54-1308.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-109 - Objections, filing - Assessment for preliminary costs and expenses - Decree

(a)
The landowners shall make their appearance and file their objections, if any, on or before twelve o'clock (12:00) noon of the day set for hearing.
(b)
After the hour fixed for the filing of objections, the monthly county court shall proceed to hear and determine the matter of making an assessment to raise a fund for the payment of the preliminary costs and expenses.
(c)
The court will determine from the proof offered, approximately, the amount necessary to cover the cost and expenses, and if the court is of the opinion that it is not expedient to make an assessment for those purposes, the court shall so decree; but if the court is of the opinion that it is expedient, the court shall make an assessment for the amount determined upon the respective tracts of land set out in the petition, and make the assessment on the basis of acreage.
Acts 1919, ch. 193, § 4; Shan. Supp., § 1682a16; Code 1932, § 2829; modified; T.C.A. (orig. ed.), § 54-1309.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-110 - Appeal from decision

(a)
Any party aggrieved may appeal from the decision of the monthly county court in making the assessment, or refusing to make the assessment.
(b)
The appeal shall be made in the same manner and upon the same terms provided for appeals from the action of the monthly county court in creating or refusing to create a road improvement district as provided in §§
54-12-141
- 54-12-149.
Acts 1919, ch. 193, § 5; Shan. Supp., § 1682a161/2; Code 1932, § 2830; modified; T.C.A. (orig. ed.), § 54-1310.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-111 - Collection dates fixed upon assessment being made - Assessment list certified to trustee to collect - Compensation

When the assessment has been made, the monthly county court shall fix the dates within which the assessment shall be collected, and the county clerk shall make out an assessment list or book, giving alphabetically the name of the owner, and the boundaries of the land, the number of acres, and the amount assessed against each tract, and the county clerk will make the same substantially in the form used for state and county tax books, and when so made, the county clerk shall certify the same to the trustee of the county, and it is the duty of the trustee to proceed at once to collect the assessments within the dates prescribed by the court; and the trustee will pay the amount collected on the assessments to the county clerk, to be paid out by the county clerk on the costs and expenses under the orders of the court, and for collecting, and paying over the assessments, the trustee shall be allowed as compensation two percent (2%) of the amount collected and paid over.
Acts 1919, ch. 193, § 6; Shan. Supp., § 1682a17; Code 1932, § 2831; modified; T.C.A. (orig. ed.), § 54-1311; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-112 - Lien for assessment - Enforcement

(a)
The assessment shall be a lien on the respective tracts of land upon which it is assessed.
(b)
This lien shall be enforced in the same manner as provided for the enforcement of liens in §§
54-12-412
- 54-12-421.
Acts 1919, ch. 193, § 7; Shan. Supp., § 1682a18; Code 1932, § 2832; T.C.A. (orig. ed.), § 54-1312.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-113 - Bonds of trustee and clerk

The county trustee or trustees, before receiving the assessment roll or book and proceeding to the collection of the assessments, and the county clerk, before receiving the funds from the trustee or trustees, shall respectively enter into a bond in double the amount that will come into their hands, respectively, payable to the state, and conditioned for the faithful paying over and accounting for the funds arising from the assessment.
Acts 1919, ch. 193, § 8; Shan. Supp., § 1682a19; Code 1932, § 2833; modified; T.C.A. (orig. ed.), § 54-1313; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-114 - Proceeding for cost and expense fund not to delay other proceedings - Sixty percent acreage provision

The proceeding to create a fund for the payment of the cost and expenses shall not interfere with or delay the other proceeding, and the matter, in all other respects, may be proceeded with as provided in this part, and as provided by law; provided, that the sixty percent (60%) acreage provision of §
54-12-108
shall only apply to and be limited to a proceeding under this part.
Acts 1919, ch. 193, § 9; Shan. Supp., § 1682a20; Code 1932, § 2834; T.C.A. (orig. ed.), § 54-1314.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-115 - Preliminary expenses may be paid by order of county legislative body - Refund out of assessments or bonds of petitioners

(a)
The preliminary expense of the road improvement district provided for by this part, not including contracts for construction, may be paid by order of the county legislative body in which the lands lie, out of the general county fund.
(b)
The preliminary expense, if so paid, shall be refunded to the county out of assessments collected from the lands of the improvement district, when so collected, and if not so repaid for any reason, then to be adjudged against and collected out of the bond of the petitioners required by this part, and thus repaid to the county.
Acts 1919, ch. 193, § 115; Shan. Supp., § 1682a129; Code 1932, § 2944; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1315.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-116 - Contributions or donations of preliminary expenses or parts of expenses without requiring refund

(a)
The county legislative body shall have the right to contribute, out of the general county fund, an amount it sees fit to be used in the payment of the preliminary expenses, without requiring the amount to be paid back or refunded to the county.
(b)
Where any county has previously, by order of the county legislative body, advanced or paid any of the preliminary expenses, the county legislative body may, if it sees fit, by proper order, donate the amount, or any part of the amount, and not require the amount so donated or contributed to be paid back or refunded to the county.
Acts 1919, ch. 193, § 116; Shan. Supp., § 1682a130; Code 1932, § 2945; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-1316.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-117 - Petitioners required to pay preliminary expenses - Judgment on their bond

If the county legislative body should not see fit to order the preliminary expenses be paid, and the parties to whom the expenses are owing are not willing to agree to wait until a fund for their payment can be provided by special assessments upon the district, then the county legislative body, by proper order, shall require the petitioner to pay to the county clerk a fund sufficient to pay the preliminary expenses, and the bond required of petitioners by this part shall be liable for the preliminary expenses, and judgment on the bonds may be rendered at any time by the county legislative body to the end the fund for expenses be provided, just as the county legislative body renders judgment on cost bonds, and one (1) judgment shall not prevent other judgments on the same bond, so the sum of the judgments does not exceed the penalty of the bond.
Acts 1919, ch. 193, § 117; Shan. Supp., § 1682a131; Code 1932, § 2946; modified; T.C.A. (orig. ed.), § 54-1317; impl am. Acts 1978, ch. 934, §§ 7, 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-118 - Fund for expenses may be paid as needed

The fund for expenses may be paid in from time to time, under the orders of the monthly county court, as the fund may be needed.
Acts 1919, ch. 193, § 118; Shan. Supp., § 1682a132; Code 1932, § 2947; modified; T.C.A. (orig. ed.), § 54-1318.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-119 - Refund to petitioners and their sureties paying preliminary expenses

All sums paid by the petitioners or their sureties on their bonds shall be refunded and repaid to the person or persons paying the sums out of the funds of the improvement district when the funds have been realized under parts 2 and 4 of this chapter.
Acts 1919, ch. 193, § 119; Shan. Supp., § 1682a133; Code 1932, § 2948; T.C.A. (orig. ed.), § 54-1319.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-120 - Engineer

After the petition has been filed and bond taken and approved, the monthly county court shall at the first session thereafter, regular, special, or adjourned, and may at a later session, appoint a disinterested and competent engineer, and have placed in the engineer's hands a copy of the petition.
Acts 1919, ch. 193, § 10; Shan. Supp., § 1682a21; Code 1932, § 2835; modified; T.C.A. (orig. ed.), § 54-1320.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-121 - Compensation of engineers

The engineers appointed under this part by the monthly county courts shall be paid for their services at rates the courts appointing them fix; and if not fixed, at the rate of five dollars ($5.00) per day while engaged in the work. In addition, they shall be paid all actual traveling expenses, an itemized account of the expenses to be kept by them and reported and sworn to.
Acts 1919, ch. 193, § 106; Shan. Supp., § 1682a120; Code 1932, § 2935; modified; T.C.A. (orig. ed.), § 54-1321.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-122 - Engineer to survey and locate roads and improvements

The engineer shall proceed to examine the land described in the petition and any other lands that may be benefited by the improvement or necessary in carrying out the improvement and survey and locate the road or improvements, as may be practicable to carry out the purposes of the petition and that will be of public benefit and utility or conducive to the public welfare.
Acts 1919, ch. 193, § 11; Shan. Supp., § 1682a22; Code 1932, § 2836; T.C.A. (orig. ed.), § 54-1322.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-123 - Engineer's return - Contents

The engineer shall make returns of and file the engineer's proceedings with the county clerk, which returns shall set forth the starting point, the route, the terminus or termini of the road or roads, or other improvements, such as the necessary bridges and culverts on the road or roads and the course and the length of the road or roads approximately through each tract of land as far as practicable, and the boundary of the proposed district and the description of each tract of land in the district as shown by the tax books, the names of the owners of the land as shown by the tax books, the probable cost of the improvement, and other facts and recommendations deemed material.
Acts 1919, ch. 193, § 12; Shan. Supp., § 1682a23; Code 1932, § 2837; modified; T.C.A. (orig. ed.), § 54-1323; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-124 - Recalling engineer and appointing another

The monthly county court may at any time recall the appointment of any engineer made under this part, if deemed advisable to do so, and appoint a replacement.
Acts 1919, ch. 193, § 13; Shan. Supp., § 1682a24; Code 1932, § 2838; modified; T.C.A. (orig. ed.), § 54-1324.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-125 - Survey and location of roads along general course of present roads - Exception

The roads provided for in this part shall be surveyed and located along the general course of the present roads between the termini set forth in the report, unless there is some good and sufficient reason why the course should be departed from to secure a new, better, or shorter road, or for any other good reason and having due regard to the straightening and shortening of the existing roads and the reduction of the grades on the existing roads.
Acts 1919, ch. 193, § 14; Shan. Supp., § 1682a25; Code 1932, § 2839; T.C.A. (orig. ed.), § 54-1325.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-126 - Engineer to submit itemized expense account or do work for stipulated sum

The engineer may employ necessary help such as axmen, rodmen, etc., returning an itemized expense account; or the court may contract with the engineer to furnish the engineer all help needed such as axmen, rodmen, etc., and to do the entire work or any specific part of the work, for a sum agreed upon and stipulated.
Acts 1919, ch. 193, § 15; Shan. Supp., § 1682a26; Code 1932, § 2840; T.C.A. (orig. ed.), § 54-1326.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-127 - Expediency of plan - Determination by court - Submission of second plan

(a)
Upon the filing of the return of the engineer, the monthly county court shall examine the return, and if the plan seems to be expedient and meets the approval of the court, it shall order the county clerk to cause notice to be given as provided in §§
54-12-128
- 54-12-131; but if it does not appear to be expedient, and it is not approved, the court is authorized to direct the engineer or another selected by it to prepare another plan.
(b)
If the court deems the proposed improvement inexpedient or inadvisable after an examination of the return of the engineer or after a second further return, it may dismiss the petition and proceedings, and, in that event, it shall adjudge all costs and expenses incurred against the petitioners and the sureties on the bond.
Acts 1919, ch. 193, § 16; Shan. Supp., § 1682a27; Code 1932, § 2841; modified; T.C.A. (orig. ed.), § 54-1327.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-128 - Summons or writ issued - Served upon whom

(a)
When the plan, if any, has finally met the approval of the monthly county court, the court shall order the county clerk to issue a summons or writ to the sheriff of the proper county, the writ to run in the name of the state, commanding the sheriff to summon the persons named in the writ to appear before the monthly county court on the day set by it for the hearing of the petition.
(b)
The writ or summons shall name the owners of all tracts or lots of land not petitioners, within the proposed road improvement district, as shown by the tax books of the county, or by affidavit filed, and upon the persons in actual occupancy of the lands or lots, and also upon any lienholder or encumbrancer of any land in the proposed district, as shown by the county records, and shall notify them of the pendency of the petition and the prayer of the petition, but no copy of the petition shall accompany the writ.
Acts 1919, ch. 193, § 17; Shan. Supp., § 1682a28; Code 1932, § 2842; modified; T.C.A. (orig. ed.), § 54-1328.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-129 - Service of writ - Acknowledgement

The writ shall be served at least ten (10) days before the time set for the hearing of the matter of the petition, but shall not be issued for or served upon any of the persons described in §
54-12-128
, who shall file with the clerk a statement in writing, signed by the party entering an appearance at the hearing and waiving any additional notice, or the service of the writ may be acknowledged.
Acts 1919, ch. 193, § 18; Shan. Supp., § 1682a29; Code 1932, § 2843; T.C.A. (orig. ed.), § 54-1329.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-130 - Publication for nonresidents, or those whose names or residences are unknown

(a)
In case any such owner, lienholder or encumbrancer is a nonresident of the state, or the person's name or residence cannot be ascertained after diligent inquiry, and these facts are made to appear by affidavit filed, then publication shall be made for the owner, lienholder or encumbrancer for two (2) consecutive weeks in some newspaper of the county where the proceedings are pending, notifying the party or parties of the pendency and prayer of the petition, and to appear at the time set for the hearing on the petition, the last publication to be at least ten (10) days before the time set for hearing.
(b)
Proof of publication may be made as provided by law in chancery cases, and those who are actual owners, lienholders or encumbrancers may be made to appear to the clerk by the affidavit of any person acquainted with the facts or by the averments of the petition if sworn.
Acts 1919, ch. 193, § 19; Shan. Supp., § 1682a30; Code 1932, § 2844; T.C.A. (orig. ed.), § 54-1330.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-131 - Writ or publication need not state contents of petition or its prayer

The writ or summons and the publication notice need not give or set out in any detail the contents of the petition or of its prayer.
Acts 1919, ch. 193, § 20; Shan. Supp., § 1682a31; Code 1932, § 2845; T.C.A. (orig. ed.), § 54-1331.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-132 - Adjournment until notice given - Jurisdiction not lost - Appearance without formal answer

(a)
If at the time set for hearing it appears to the monthly county court that any person entitled to notice as provided in §§
54-12-128
- 54-12-131 has not received notice, the hearing shall be adjourned until the person can be given the required notice, and the court shall not lose jurisdiction of the subject matter or of the persons already properly notified by the adjournment or postponement.
(b)
The person concerned may appear and be heard without formally answering the petition in writing; provided, that the writ or summons and the publication notice need not give or set out in any detail the contents of the petition or its prayer.
Acts 1919, ch. 193, §§ 21, 22; Shan. Supp., §§ 1682a32, 1682a33; Code 1932, §§ 2846, 2847; modified; T.C.A. (orig. ed.), § 54-1332.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-133 - Claim for damages to be filed - Guardian or conservator ad litem appointed for persons under disability

Any person claiming damages as compensation for or on account of the construction of the improvement shall file a claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file the claim at the time specified shall be held to have waived any rights to the claim; provided, that if the person is an infant or adjudicated incompetent and without regular guardian or conservator, or the guardian or conservator has not been notified of the proceedings as provided in §§
54-12-128
- 54-12-131 for notice, and the facts are made to appear by affidavit, the monthly county court shall appoint a guardian or conservator ad litem for the person, who may file the claim for damages, if deemed proper, for the person under disability, within the time allowed in this section or within three (3) days after the appointment.
Acts 1919, ch. 193, § 23; Shan. Supp., § 1682a34; Code 1932, § 2848; modified; T.C.A. (orig. ed.), § 54-1333; Acts 2011, ch. 47, § 54.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-134 - Sufficiency of petition determined - Amendment of petition - District allowed or refused - If no claim for damages, district located and established

(a)
The monthly county court, upon the hearing of the petition at the time set for hearing, or at the time to which the matter has been adjourned or continued, shall determine the sufficiency of the petition in form and manner, which petition may be amended at any time, as to form and substance, before final action on the petition; and if the court finds that the improvement district would not be for the public benefit or utility, or conducive to the public health or welfare, it shall dismiss the proceedings.
(b)
If the court should find the improvement conducive to the public health or welfare, or to the public benefit or utility, it shall determine and adjudge the necessity of the road improvement district.
(c)
If no claim for damages has been filed as provided for in §§
54-12-136
- 54-12-151, the court may, if deemed advisable, locate and establish the district, or may refuse to establish the district, as the court deems best.
Acts 1919, ch. 193, § 24; Shan. Supp., § 1682a35; Code 1932, § 2849; modified; T.C.A. (orig. ed.), § 54-1334.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-135 - Further examination and report by engineer ordered - Hearing continued until filing of report

At the hearing, the monthly county court may order the engineer, or a new engineer appointed by it, if deemed advisable, to make further examination and report to the court as to the improvement in which the hearing shall be continued until the filing of the further report.
Acts 1919, ch. 193, § 25; Shan. Supp., § 1682a36; Code 1932, § 2850; modified; T.C.A. (orig. ed.), § 54-1335.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-136 - Claims for damages prevent establishment of district until viewers appointed - Qualifications - Engineer to accompany viewers and give them information

If any claims for damages have been filed, as provided in §
54-12-133
, the monthly county court shall not establish the district until viewers have been appointed and have reported, and the court shall proceed to appoint three (3) viewers to assess the damages, who shall be disinterested freeholders of the county, and not related to any party interested in the proposed improvement, nor themselves interested in a like improvement, and the engineer appointed by the court shall accompany the viewers and furnish information called for by them concerning the survey of the improvement.
Acts 1919, ch. 193, § 26; Shan. Supp., § 1682a37; Code 1932, § 2851; modified; T.C.A. (orig. ed.), § 54-1336.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-137 - Viewers upon being sworn to view premises, fix damages and report

The viewers appointed to assess damages, after being duly sworn to act impartially and faithfully to the best of their abilities, shall proceed to view the premises and determine and fix the amount of damages to which each claimant is entitled, and file reports in writing with the county clerk showing the amount of damages to which each claimant would be entitled, because of the establishment of proposed improvement.
Acts 1919, ch. 193, § 27; Shan. Supp., § 1682a38; Code 1932, § 2852; modified; T.C.A. (orig. ed.), § 54-1337; impl. am. Acts 1978, ch. 934, §§ 22, 36.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-138 - Report of viewers to be filed promptly - Others appointed upon failure to act

The report of the viewers shall be filed as soon as practicable, and if any of them fails or refuses to act, for any reason, or they do not proceed to act with promptness, the monthly county court may appoint others as viewers in the place of any or all of them.
Acts 1919, ch. 193, § 28; Shan. Supp., § 1682a39; Code 1932, § 2853; modified; T.C.A. (orig. ed.), § 54-1338.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 12 - ROAD IMPROVEMENT DISTRICTS (§§ 54-12-101 — 54-12-426) › Part 1 - ESTABLISHMENT (§§ 54-12-101 — 54-12-159) › Section 54-12-139 - Value of land - Incidental benefits considered in estimating incidental damages

In establishing the damages, the viewers shall give the value of the land proposed to be taken without deduction, but incidental benefits that may result to the owners by reason of the proposed improvement may be taken into consideration in estimating the incidental damages.
Acts 1919, ch. 193, § 29; Shan. Supp., § 1682a40; Code 1932, § 2854; T.C.A. (orig. ed.), § 54-1339.