The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1855-12-07

the cuu OF the pieaLInLs IN the cause ITDou
the determination OF the cause, the court NAV
render up Judgment in favor o. the party
whose claim Is the largest, Is is no y allowed
by law.
{ SEC. Is. Be il enacted That the law Of evi.
"@hce-lhe law governing The practice OF the
circuit, criminal and chauccry courts-the
law governing the rights Of parties, the law
OF limitation, and all other laws now in force
IN tennessee, except so far as the same are
aItared or repealed by this act, shall remain
IN full force; and, in all cases. govern the ad-
ludication and practice of said court. The
law OF Limitation, where it now depends on
the form OF the action shall be applied by
the courts to the subject matter as though
The proper form of action was used.
SEC. II. BE Il enacted That tn. costs in all
cases shall be taxed to the unsuccessful party,
unless FOR good cause shown, it be otherwise
adjudged by the court
SEC Is. BE IL enacted, That Judgment may
be given, or decree rendered for or against
one or more of the several plaintiffs, and for
or against one or more of the several defend
ants, SO as to determine the ultimate rights of
the parties, on each side, as between them
selves. and attain the ends Of justice in all
cases The Judgment or decree shall be en-
tered on the records of the court and shall
specify the relief granted, or other determi-
nations Of the action. Verdicts on issues Of
fact shall, however, be found as heretofore
SEC. %. BE IL enacted, That the circuit or
district court the chancery court, and the
criminal court, are hereby abolished, and all
laws passed establishing said courts be and
the same are hereby repealed. Said courts,
however, shall be held as heretofore until
the organization of the Court Of Common Law
and Equity, as herein provided. And upon
the election of the judges and organization of
SAID court, all the causes pending in said
courts, together with the records and papers
thereof, shall be transferred to the Court OF
Common Law and Equity, in the county where
said courts are now held; and said causes
shall be proceeded in without a change in the
pleadings therein. An order of transfer shall
be made by the several courts ut the last
terms thereof
SEC. 20. Be it enacted That upon the pas.
sage of this bill, the State shall be laid off
into districts of convenient size, composed of
one or more counties contiguous to each 9th
Ell: and an election shall be held by the prop
or officers of the several counties, on the first
Thursday in May next, when Judge and At.
tOrney General shall be elected for each dis
trict. The Judges so elected shall hold three
terms of said Court Of Common Law and
Equity in each county in their respective dis
tricts in each year; and the attorneys general
shall discharge all the duties now imposed by
law upon the attorneys general of the State.
The persons elected to fill the office of Judge
and attorney general shall reside in their re
spective districts, and shall be allowed the
same compensation as is now allowed 10y law
TO judges Of the circuit court, and attorneys
general, and be subject to all the responsible
ties.
SEC. 81. BE It enacted That the present
judges and attorneys general shall continue
in office until the election and qualification
of the JUDGES and attorneys general under
the provisions of this act; aud Mt the last
terms of the circuit aud criminal courts in
the respective counties, next before the times
of holding the courts OF Common Law and
Equity in said counties, which may be fixed
by Law, it shall be the duty of the judges of
said courts to take all recognizances for the
appearance Of parties and witnesses, in all
cases where they are now required by law to
he taken, for the appearance OF said persons
before the Court of Common Law and Equity;
which recognzaGces shall be as binding and
the same proceedings had thereon, as if made
reLurnable before the circuit OF criminal
courts aforesaid.
SEQ %. Be IL enacted, That at the regular
elections in March next, II clerk shall be elect
ed 10y the qualified voters in each county for
the Court OF Common Law aud Equity, who
shall hold his office for the same time as the
clerks of the circuit courts are elected; and
such clerks shall act as clerks Of the circuit
court, until the organization of said Court of
Common Law and Equity, under the provis-
ions Of this act. And at the first term Of
said court in each county, it shall be the du
ty Of the Judge thereof TO cause the clerk to
enter into bond and security as is now re-
quired by the clerks of the circnt courts
The clerks of said court shall be subject to |
the same duties and responsibilities, and LA
bic to the same proceedings as is now the law .
in regard to clerks and masters of the circuit /
court and chancery. Should the term of SER |
vice Of any clelk of the circuit court not eX- .
pire at the next March election, then the
clerk Of the Court of Common Law and Equi .
ty, elected in said county, shall not assume
the duties of clerk of the circuit court; but .
the circuit court clerk shall continue TO act !
as such until the organization of said court
under this act.
SEC %. Be it enacted That this act take
effect from and after its passage.