Terms Used In Tennessee Code > Title 40 > Chapter 11 > Part 2 - Forfeiture of Bail

• Agency: means the wildlife resources agency. See Tennessee Code 69-9-204
• Anchored: means held in place in the water by an anchor. See Tennessee Code 69-9-204
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the board of ground water management. See Tennessee Code 69-10-101
• Boat: means any vessel:
  (A) Manufactured or used primarily for noncommercial use. See Tennessee Code 69-9-204
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commission: means the fish and wildlife commission. See Tennessee Code 69-9-204
• Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-10-101
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of environment and conservation. See Tennessee Code 69-10-101
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Diver: means any person who is wholly or partially submerged in the waters of the state and who is equipped with a face mask and snorkel or underwater breathing apparatus. See Tennessee Code 69-9-204
• Divers-down flag: means a free-flying flag, red in color, with a white diagonal stripe that begins at the top staff-side corner of the flag and extends to the lower opposite corner. See Tennessee Code 69-9-204
• Drill: means to dig, drill, redrill, construct, deepen or alter a well. See Tennessee Code 69-10-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 69-9-204
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fraud: Intentional deception resulting in injury to another.
• Fueling: means any stage of the fueling operation. See Tennessee Code 69-9-204
• Geothermal well: means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20') in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling. See Tennessee Code 69-10-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Installer: means any person who installs or repairs well pumps or who installs filters and water treatment devices. See Tennessee Code 69-10-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Log: means a record of the consolidated or unconsolidated formation penetrated in the drilling of a well, and includes general information concerning construction of a well. See Tennessee Code 69-10-101
• Monitoring well: means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water or for the recovery of ground water for treatment, or both. See Tennessee Code 69-10-101
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mooring: means the act of making fast or securing a boat with lines or anchors, and may also include the place where a boat is secured or made fast. See Tennessee Code 69-9-204
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motorboat: means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. See Tennessee Code 69-9-204
• Numbered vessel: means an undocumented vessel that is subject to issue or has been issued a certificate of number by the state. See Tennessee Code 69-9-204
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means to navigate, be in physical control of, or otherwise use a motorboat or a vessel. See Tennessee Code 69-9-204
• Operator: means the person who operates or has charge of the navigation or use of a motorboat or vessel. See Tennessee Code 69-9-204
• Owner: includes a person entitled to the use or possession of a motorboat or vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security. See Tennessee Code 69-9-204
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, firm, corporation, association, or other entity. See Tennessee Code 69-9-204
• Person: means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them. See Tennessee Code 69-10-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• personal watercraft: means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel. See Tennessee Code 69-9-501
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Registration: means satisfying the requirements for registration prescribed by the commission. See Tennessee Code 69-9-204
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restricted visibility: means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms or any other similar causes. See Tennessee Code 69-9-204
• Rules of the road: means statutory and regulatory rules governing navigation of vessels. See Tennessee Code 69-9-204
• Serious injury: means an injury that requires, or should have required, medical treatment by a physician beyond first aid. See Tennessee Code 69-9-204
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• State of principal use: means the state on whose waters a vessel is used, whether moored or underway, or to be used most during a calendar year. See Tennessee Code 69-9-204
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Underwater breathing apparatus: means any apparatus, whether self-contained or connected to a distant source of air or gas, whereby a person wholly or partially submerged in the water is enabled to obtain air or other gases for breathing without returning to the surface of the water. See Tennessee Code 69-9-204
• Underway: means a vessel that is not anchored, moored or aground. See Tennessee Code 69-9-204
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Use: means to operate, navigate or employ. See Tennessee Code 69-9-204
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Tennessee Code 69-9-204
• Wakeboarding: means :
  (A) To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake. See Tennessee Code 69-9-204
• Wakesurfing: means :
  (A) To surf a motorboat's wake, regardless of whether the person is being pulled by a tow rope attached to the motorboat that is producing the wake. See Tennessee Code 69-9-204
• Water well: means a hole drilled into the earth, by boring or otherwise, for the production of water. See Tennessee Code 69-10-101
• Well: means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well. See Tennessee Code 69-10-101
• Well owner: means the person who owns the real property on which a well exists or is to be drilled. See Tennessee Code 69-10-101
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105