The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1856-02-29
COUNTY COURTS
A BIZ to create and regulate The Office ef COuu

SECTION L. be IL enacted by the Genera
Assembly of the State of Tennessee, Thai
there shall be elected, by the qualified voters
of every county in the State, person learned
in the law, to be styled the County Judge
who shall hold his office for the term of fouI
years from the date of his commission: except
the first Judge elected under the provisions
of this act, who shall hold his commission
until the next regular election in 1860, or until
his successor shall te elected and qualified.
SEC. 2. BE il enacted, That the first elec.
ton of County Judge, shall be held at the
same place, by the same officers, that county
elections are held, on the first Saturday o.
May, 1856, and under the same regulations
| prescribed for county elections. Al subse-
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. 3. Be il 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 m oath to support the Const-
tuition of the United States, and the Const-
tuition of the State of Tennessee; and an oath
faithfully to discharge the duties of said
office.
SEC, 4. Be it 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 Couit. He shall preside over
the County Court at its Quarterly Sessions,
which shall be held as heretofore, and shall
have, and exercise the same powers, jurisdc.
ton, and authority, which now belongs to. or
is exercised by, the Chairman of the County
Court; and shall perform the same duties ms
are required of said Chairman, either in or
out of said County Court, whether in session
or not.
SEC. 5. Be- il 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 .he 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 as 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-
lINH anu pOhCl VI t1c lItSClt SOuUll SVuI's
over administrators, executors, guardians,
wards, trustees, wills, dover, and partition,
sale or division Of lands and negroes, and of
all tcstimenary 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-
thorty, 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 he 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 MS is now allowed by the
laws of the State in other causes.
SEC. T. Be il enacted, That the County
Clerk shall be, and continue the Clerk of the
County Court to be held by the Comfy Judge,
and shall have all the powers, jurisdiction, au-
thority, 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 il shall be his duty: l. TO
have the care and custody of all county pro.
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. To draw, and seal
with the seal of the county court, all warrants
upon the county treasury. 5. 10 audit and
settle the accounts of the coantv trustee, and
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 or
persons, to render and settle their accounts
as directed by law, or the authority under
which they may net. 6. To enter in book,
to be known rs the Warrant Book, in the
order of issuance, the number, date, amount,
and name OF drawee, of each warrant drawn
upon the treasury. T. To keep, in n suitable
book, an account of the receipts and expendi-
lures Of the county, in such manner as to
show clearly, the assets of the county, and
the debts payable to, and by it-balancing
said accounts semi.annualy; and generally, to
superntend the financial concerns of the
county. 8. No money shall be drawn out of
the county treasury, except upon warrant
issued by the County Judge 9. The duties
directed to be performed 10y the Clerk of the
County Court, in the administration of insol-
vent estates, shall, for the future, be perform
ed by the County Judge.
SEC. 8. Be it enacted, That the County
Judge shall receive five dollars per day, dur
ing the sitting of the Monthly and Quarterly
Courts; and the several Quarterly Courts are
hereby authorized to make additional com.
pensotion to the Judge, by appropriations for
thnf 4 au.h Mt no Sai1 ~
terly Court may deem right; and said Judges
pay shall be paid his compensation quarterly,
out of the county treasury, upon the Judges
own warrant.
SEC. 10. Be it enacted, That hereafter, it
shall be the duty Of the Clerks Of the several
County Courts in this State, to keep docket
of all the cases to Gc tried in said Courts, MS
are now kept by the Clerks of the Circuit
Courts.
SEC. IL. BE it enacted, That it shall be the
duty Of said Clerk, to enter upon said docket,
all suits, motions, and actions, that may come
before said Court for trial; and that no suit,
motion, or action, before said Court, shall be
tried, except it appear on said docket and all
suits, motions, and actions, shall he tried in
order, rs they appear on said docket
SEC 10. BE II further enacted, That the
County Court Judge shall not be precluded
from practising in the Supreme, Chancery,
Circuit and Criminal Courts in this State, but
shall not be permitted to act as counsel in
any case going up from his OWE Court.
PITsBURG, Feb. 2i.-1'here has been
heavy thaw to day with a fair prospect of
the river soon opening.