payment at any time within two years of the date on which the check or warrant was issued. Upon such resolution the auditor, clerk or finance officer shall note the cancellation in the check or warrant regis ter. Source: SL 1976, ch 75, § 3. 9-23-22. Payment of old check or warrant at direction of governing body. Notwithstanding any provision for cancellation of checks or warrants, the municipal governing body shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof within a period of six years from date of issue thereof and may direct payment of checks or warrants more than six years from date of issue thereof. Source: SL 1976, ch 75, § 4. CHAPTER 9-24 ACTIONS AGAINST MUNICIPALITIES 9-24-1. Claim to be presented to governing body, etc. Applicability to Tort Actions. This section was inapplicable to action for recovery of damages from city for its act of discontinuing water service to plaintiffs. Swanson v. City of Deadwood (1974) 88 SD 320, 219 NW 2d 477. 9-24-2. Notice required before action, etc. Actual Notice to City. Where city receives written notice of claim within sixty-day period or reasonable period after end of plaintiff's disability, fact that notice is not directed to the auditor or clerk does not require plaintiff to be nonsuited. Mount v. City of Vermillion (1977) SD, 250 NW 2d 686, declining to follow Brandner v. City of Aberdeen (1960) 78 SD 574, 105 NW 2d 665. Failure to Apply for Leave of Court to Where notice of the time, place and cause of injury to boy in process of registering for Little League baseball sponsored by city was not given to the city auditor or clerk within sixty days after date of injury and application for leave of court to file notice within a reasonable time was not made either within one year of date of injury or at time of trial, suit against municipality was barred. Shaeffer v. City of Canton (1972) 337 FSupp 479. 9-24-3. Extension of time for notice, etc. Mandatory on Court. The Legislature has specifically limited the statutory rights of minors by requiring notice; though the court may not agree with the wisdom of a statute requiring an infant to give notice he is incapable of giving, court is bound by that mandate. Shaeffer v. City of Canton (1972) 337 FSupp 479. Notice. Actual notice is not sufficient in and of itself; when combined with application to the court within the one-year limitation, it would be sufficient. Hagberg v. City of Sioux Falls (1968) 281 FSupp 460, distinguished in 337 FSupp 479. Letter of notice given to municipality on behalf of eleven-year-old injured at city baseball registration over one year after MUNICIPAL BONDS AND NOTES the injury was not an application to the court and was insufficient to fulfill the oneyear requirement of this section. Shaeffer v. City of Canton (1972) 337 FSupp 479. One-year Limitation. Where city had actual notice of injury to minor, minor's right to make showing within one year for leave to serve late notice on municipality would not be denied even though court, after granting leave, discovered that it was without jurisdiction and new suit in which jurisdictional defect was cured was brought after expiration of 9-25-10 one-year period. Hagberg v. City of Sioux Falls (1968) 281 FSupp 460, distinguished in 337 FSupp 479, 480. Tolling of Sixty-Day Limit. This section tolls the sixty-day limit of $9-24-2 not only where the victim of a municipal tort is incapacitated for the whole sixty days following his injury, but where the physical capacity occurs following a belated discovery of the injury within the sixty day limit. Mount v. City of Vermillion (1977) SD, 250 NW 2d 686. 1979 CUMULATIVE SUPPLEMENT TENNESSEE CODE ANNOTATED The Compilation of the Public Acts of the Seventy-Ninth the Ninety-First General Assembly Place this supplement alongside Volume 5 and 23-3205 REMEDIES AND SPECIAL PROCEEDINGS 160 Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien. Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder. [Acts 1970 (Adj. S.), ch. 527, § 4.] Fee. 23-3205. Release of lien To release a perfected lien as described under the provisions of this chapter, the operator of the hospital to whom the lien has been duly paid shall execute a certificate to the effect that the claim filed by such hospital for treatment, care and maintenance therein has been duly paid or discharged and authorizing the clerk in whose office the notice of hospital lien has been filed, to release the same, such release to be at the expense of the hospital. The clerk shall thereupon enter upon the margin of the hospital lien book in which the lien has been entered, a memorandum of such filing and the date when such certificate of payment or discharge was filed in his office, which certificate and entry shall constitute a release of lien, for which the clerk shall receive the sum of fifty cents (50g). [Acts 1970 (Adj. S.), ch. 527, § 5.] 23-3206. Lienholder Not to be named on checks or drafts. No person, firm, or corporation, paying a claim, demand, or judgment shall include the name of any lien claimant, under this chapter, as a payee on any drafts or checks issued to settle such claims, demands, or judgments. [Acts 1970 (Adj. S.), ch. 527, § 6.] 23-3207. Limitations on hospital. — The provisions of this chapter shall not be construed as giving any hospital an independent right of action to determine liability for injuries sustained by any person covered herein nor shall any settlement or compromise of a claim entered into on behalf of such person require the approval of the hospital. The provisions of this chapter shall not apply to any charges for hospital care, treatment and maintenance incurred prior to March 2, 1970. [Acts 1970 (Adj. S.), ch. 527, §§ 7, 8.] 23-3927. Liability insurance Purchase authorized - Limits. 23-3328. Liability insurance - Provision for waiver of sovereign immunity defense and for payments. 23-3329. Construction of liability insurance policy not in compliance with law. 23-3330. Liability insurance for employees authorized. 23-3331. Authorization for purchase of insurance without bidding. 23-3301. Title. This shall be known and cited as the "Tennessee Governmental Tort Liability Act." [Acts 1973, ch. 345, § 1.] |