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58-14 Suits by and Against Townships

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CHAPTER 58-14SUITS BY AND AGAINST TOWNSHIPS58-14-01.Action by or against township - Procedure - Effect and judgment.Whenever any controversy or claim for relief exists between townships or between a township<br>and a person, a civil action may be commenced and prosecuted for the purpose of trying and<br>determining the controversy. The action must be conducted as any other action or proceeding of<br>a similar kind is conducted.58-14-02. Township to sue and be sued in its name. In all actions and proceedings,the township shall sue and be sued in its name.58-14-03. Supervisors of township to provide for defense. When a township is sued,the member of the board of township supervisors upon whom service of process is made shall<br>call a special meeting of the board within six days after service. At the special meeting, the<br>board shall provide for the defense of the action and employ counsel for that purpose. The<br>expense of the defense must be audited by the board and paid out of any unappropriated funds<br>in the township treasury.58-14-04. Action on behalf of township cannot be brought before township justice.Repealed by omission from this code.58-14-05. Recovery in cases of trespass. If it appears, on the trial of an action broughtby a township to recover a penalty imposed for trespass committed on township lands, that the<br>actual amount of injury to the township lands exceeds the sum of twelve dollars and fifty cents,<br>the amount of actual damage with costs of the suit must be recovered in such action instead of<br>the penalty imposed by the township bylaws. Such recovery is a bar to all other actions for the<br>same trespass.58-14-06. Payment of judgment against township. When a judgment is recoveredagainst any township, an execution may not be issued upon the judgment, but the judgment,<br>unless reversed or stayed on appeal, must be paid by the township treasurer upon demand and<br>the delivery to the township treasurer of a certified copy of the docket of the judgment if there is<br>sufficient money of the township in the treasurer's hands not otherwise appropriated.If thetreasurer, after having been ordered to pay such judgment by the board of township supervisors,<br>fails to pay it when there is sufficient unappropriated money on hand with which to do so, the<br>township treasurer personally is liable for the amount unless collection thereof afterwards is<br>stayed upon appeal.58-14-07. When judgment against township is not satisfied supervisors to makelevy.When a certified copy of an unsatisfied final judgment entered against a township ispresented to the annual meeting of the township, the board of township supervisors shall make a<br>levy in an amount sufficient to pay such judgment and shall certify the levy to the county auditor<br>for computation and collection as other township taxes are levied and collected.58-14-08. When execution may issue on judgment against township. If the townshipmakes a levy for the payment of a judgment, the moneys derived from such levy shall be used<br>for no other purpose. If the amount received by the township treasurer from the county treasurer<br>on such levy is not paid upon such judgment within thirty days after its receipt, execution may be<br>issued, but only township property is subject to levy.Page No. 1Document Outlinechapter 58-14 suits by and against townships