The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1856-02-29
COUNTY COIIRTS
A Biz tocreate and regulate the office of Coun
IN ,Judge-- Passed Februaru 1od 1915

DM t0cTedte ana Tegudie me ONCE OF C0un'
" Judgc-Passed February 22d 1856.
SKcTIos I. BE IL enacted by the General
Assembly of the State of Tennessee, That
there shall be elected, by the qualified voters
of every county in the State, n person lenrned
in the law, to be styled the County Judge,
who shall hold his office for the term of four
years from the date of his commissions: except
the first Judge elected under the provisions
of this net, who shall hold his commission
until the next regular election in 1860, or until
his successor shall he elected and qualified
SEC. Q. he it enacted, That the first cleo
ton of County Judge, shall DO held at the
same place, by the same officers, thnt county
elections are held, on the first Saturday OF
May, 1856, and under the same regulations
prescribed for county elections. All SUISSE
quent elections shall be held at the same time
and place of the county elections; except
elections TO fill vacancies, which may be held
at any time, upon proper notice.
SEC. 8. Be it enacted, That the County
Judge shall be commissioned in the same
manner as other Judges of the State; and
before entering upon the duties of the office,
he shall take an oath to support the Consti-
tuition of the United States, and the Consti.
tuition of the State of Tennessee; and an oath
faithfully to discharge the duties of said
office.
SEC. 4. Be il enacted, That the Quorum
Court of the County is hereby abolished: and
the County Judge shall have, and exercise, all
the jurisdiction and powers now belonging to
said Quorum Court. lie shall preside over
the County Court at its Quarterly Sessions,
which shall be held as heretofore, and shall
have, and exercise the same powers, jurisdic.
ton, and authority, which now belongs to, or
| 10 h,, ho La,
Court; and shall perform the same duties Us
are required of said Chairman, either in or
out of said County Court, whether in session
or not.
SEC. s. Be II cracted, That the County
Court, to be held by the County Judge, shall
hold regular sessions on the first Monday of
each month: Provided, that on the Mondays
of the Quarterly Session of the Court, all
business requiring the presence of all or any
of the Justices of the County shall first be
disposed of, after which the County Judge
shall dispose of such other business before
the Court rs by the provisions of this act is
directed to be attended to by him, and said
court shall sit from day to day, SO long as the
business thereof may require.
SEC. 6. Be it enacted, that all the jurisdic-
ton and power of the present County Court,
over administrators, executors, guardians,
wards, trustees, wills, dover, and partition,
sale or division of lands and negroes, and of
all tcstimentary and administrative matters,
or subjects connected Herewith, and ques.
tons of lunacy, is abolished, and the same is
hereby transferred, and given to the County
Court to be held by the County Judge, who
shall have all the jurisdiction, power, and au-
thOrity, now exercised, or possessed, by the
County Court, over all the questions: and all
other jurisdiction, power, and authority, over
all these subjects, which may be necessary
and proper in the exercise thereof: Provided,
that either party may have the right of appeal
from any Judgment, order, decree or action Of
said County Judge as is now allowed by the
laws of the State in other causes.
Sec. 7. Be it enacted, That the County
, Clerk shall be, and continue the Clerk of the
County Court to be held by the Couty Judge,
and shall have all the powers, jurisdiction, au-
thorty, and power, now possessed by him.
! Sec. 8. Be- it enacted, That the County
| Judge shall be accounting officer and general
agent of the county; and as such, he shall
have power, and it shall be his duty: l. To
have the care and custody of all county pro.
| pcrty except such ms is by law placed in the
custody of other officers. 2. To control all
books, papers, and instruments, pertaining to
his Office. 8. To audit all claims for money
against the county. 4. 10 draw, and seal
with the seal of the county court, all warrants
upon the county treasury. 8. 10 audit and
settle the accounts of the county trustee, aud
those of any other collector or receiver OF
) county revenue, taxes, or incomes, payable in.
to the county treasury: and those Of any per.
, son entrusted to receive, or expend any money
of the county; and to require said officers OF
persons, to render and settle their accounts
; as directed by law, or the authority under
which they may act. 6. To enter in book
, to be known as the Warrant Book, in the
order of issuance, the number, date, amount
and name OF drawee of each warrant drawn
upon the treasury. 7. TO keep, in a suitable
book, nm account of the receipts and expend
lures of the county, in such manner rs &c
, show clearly, the assets of the county, and
the debts payable to, and by it-balancng
said accounts semi,annualy; and generally, t.
! superintend the financial concerns of the
{ county. 8. No money shall be drawn out o.
q the county treasury, except upon Warrant
issued by the County Judge. 9. The duties
. directed to be performed by the Clerk of thu
4 County Court, in the administration of insol
Y vent estates, shall, for the future, be perform
I ed by the County Judge.
SEC 9. BE it enacted, That the COUNTY
Judge shall receive five dollars per day, dur
ing the sitting of the Monthly and Quarterl,
: Courts; and the several Quarterly Courts ar
hereby authorized to make additional com
pensation to the Judge, by appropriations 70
that purpose, to such amount US said Quar-
= terry Court may deem right; and said Judge
e pay shall be paid his compensation quarterly
n out OF the county treasury, upon the Judge
+ own warrant.
Sec. 10. BE it enacted, That hereafter
,, shall be the duty Of the Clerks of the severa
u County Courts in this State, to keep docke
s of all the cases to lie tried in said Courts, NJ
a are now kept by the Clerks of the Circui
, Courts.
:, SEC. IL. BE it enacted, That ii shall be TN
u duty Of said Clerk, to enter upon said docket
S all suits, motions, and actions, that may COM
before said Court for trial; and that no suit
Il motion, or action, before said Court, shall b.
;, tried, except it appear on said docket; and al
suits, motions, and actions, shall be tried il
+. order, as they appear on said docket.
o SEC. 10. BE it further enacted, That th
=, County Court Judge shall not be preclude
:, from practising in the Supreme, CHANGER,
u Circuit and Criminal Courts in this State, BIZ
e shall not be permitted to act as counsel i
e any case going up from his own Court.
u Presume, Feb. 2l.-There has been
heavy thaw to day with fair prospect {
'- the river soon opening.
e. CINCINNATI, Feb. 81, p M. The river her