§ 54-12-157. Fees of County Clerk — Allowance for Extra Services
The fees of the county clerk in proceedings under this chapter shall be the same as for similar services now allowed by law, and in such case the monthly county court may allow the clerk an additional sum for extra services or services not covered by existing fee bills or statutes, to be fixed by […]
§ 54-12-158. Compensation and Expenses of Viewers, Commissioners, and of Helpers
The viewers and commissioners provided for by this part and part 2 of this chapter shall be paid at the rate of three dollars ($3.00) per day while engaged in the work, and, in addition, all actual expenses, including board paid for, itemized accounts for the expenses being reported and sworn. Other necessary help aiding […]
§ 54-12-159. Compensation to Be Fixed by Monthly County Court Where No Provision Made
If any services are required of any person under this chapter, and the rate of pay is not provided within this chapter, then the monthly county court shall fix the amount, or rate of pay in those cases.
§ 54-12-149. Trial With or Without a Jury in Circuit Court
The trial in the circuit court shall be with or without a jury, as the court may deem the right of the parties to be, under the particular issues to be tried, the right to a jury being accorded wherever the parties have the right under the law of the land.
§ 54-12-140. Damages Awarded Considered in Establishing District — Location and Establishment — Damages Determined
After the filing of the report of the viewers, the monthly county court shall consider the amount of damages awarded in deciding whether the road improvement district should be established. If, in its judgment, the probable cost of construction is not a greater burden than should be properly borne by the land benefited by the […]
§ 54-12-141. Appeal From Decision Establishing District or Allowing Damages — Appeal Bond
Any party aggrieved may appeal to the circuit court from the decision of the monthly county court in establishing or refusing to establish the improvement district, or its decision in the allowance of damages. Any party desiring to appeal shall have the right to have the benefit of the appeal at any time within five […]
§ 54-12-142. Appeal From Order Establishing or Refusing to Establish District, and Penalty of Appeal Bond — Damages on Appeal Bond
When any person opposing the creation of the district appeals from the order or decision of the monthly county court establishing or creating the district, the person shall execute bond, with good security, in the penalty of four percent (4%) of the estimated cost of the improvement, as shown by the engineer’s report, and conditioned […]
§ 54-12-143. Appeal Bond Signed for All Petitioner Appellants by a Designated Petitioner — Surety on Bond Required — Pauper’s Oath Not Allowed
If an order has been entered by the monthly county court creating or establishing the district, and giving it a name or designation, the bonds, when the district or petitioners for the district are appellants, may be made by the district in that name, to be signed by one (1) of the petitioners nominated for […]
§ 54-12-144. Appeal From Award of Damages Will Not Prevent Appropriation and Condemnation of Land, if Petitioners Give Bond
When an appeal is taken and prosecuted from the judgment or order of the monthly county court awarding damages, the appeal shall not prevent the work of the improvement district from proceeding, nor with the appropriation and condemnation of the lands, as provided in §§ 54-12-151 and 54-12-152, if the district or the petitioners for […]
§ 54-12-145. Appeal Heard De Novo by Circuit Court That Enters No Judgment but Enters Amount Fixed — Clerk Certifies to Monthly County Court
The circuit court shall hear the appeal de novo; and if the appeal is from the amount of damages allowed by the monthly county court, the amount ascertained and fixed by the circuit court shall be entered of record, but no judgment shall be entered. The amount thus ascertained shall be certified by the clerk […]