Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-03-05
by Authority.
LAWS OF TENNESSEE.

AN ACT to create and regulate the Office Of COun-
" Judge IN the counties Of Davidson. SLeI-
by, Knox, Montgomery, and williamson.
SIC. J. Be It enacted By the General Aas.Jzy oftEs
State Of Tennessee That there shall be elected nv the
qualified voters Of Davidson, Shelby Knox Mont
gomery, and Williamson counties, a person learned
in the law to be styled, the County Judge who shall
hold his Office for the term Of eight years from the
date Of his commission.
SIC. 2. Be It snaetsE, That the first election for
County Judge shall be held at the same places. and
by the same officers that other county elections are
held, on the first Saturday Of March, 1858. and IN
der the same rules and regulations that are pre-
scUibed for other county elections; alI subsequent
elections Except for vacancies, which shall be held
whenever they occur upon giving twenty DAYS no
tice) shall be held on the frs. Saturday, in March,
every eight years thereafter.
SEC. 3. be It enacted, That the County Judge shall
be commissioned in the same manneras ether Judges
Of the State, aud before entering upon the duties
Of the Office, he shall take an oath 10 support the
constitution Of The United States, and the consttu
tiOn Of Tennessee, and an oath faithfully to dis
charge the duties Of said Office.
SEC. 4. Be- t enacted That the quorum court of
said counties is hereby abolished and the Judge
shall have and exercise all the Jurisdiction aad
powers now belonging to said quorum court. He
shall preside the County Court at its quarterly
session, which shall be held heretofore and shall
have and exercise the same powers jurisdiction and
authority which now belongs to or is exercised by
the Chairman Of the County Court, and shall per
form the duties are required BY said Chair
man either in out Of said County Court, whether
in session not
SIC 5. Be Il enacted, That the County Court to
be held by the County Judge, shall. hold its regular
sessions on the first Monday Of each month provi-
ded that on the Mondays Of the quarterly sessions
Of the County Court, all the business requiring the
presence ofa OrGDy Of the justices Of the county shall
be first 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 the business thereof NAV re-
quire, and shall have power 20 keep order by in
posing such tnes as will effect that purpose.
SIC 8. Be e enacted, That all the jurisdiction
and power Of the present County Court over ad-
minlstrators, executors, guardians wards trustees,
Wills dover, and petition, e division Of lands
and negroes, and Of all testlmentary and admins
Irsti7s matters or subjects connected Herewith and
questions Of lunacy are abolished, and the same is
hereby transferred and given to the County Court
TO be held by the County Judge who shall have all
jurisdiction, power and authority exercised or
possessed by the County Court, all these uues-
lions, and all other jurisdiction, power and authori
~ over all these subjects which may be necessary
improper IN the exercise thereof provided that either
Pary ma have the right OK appeal, from any judz-
ueu5, Order decree or action of said County Judge
as is allowed now by the laws Of this State other
cases
SEC. Z. Be Il enacted That the County Clerk shall
be and continue the Clerk Of the County Court TO
be held By the County Judge, aud shall have all the
powers, jurisdiction, and authority now possessed
by him
SEC. g. Bet enacted, That the County Judge shall
be the accounting officer and general agent Of the
county, and as such shall have power and il shall
be his duty; lst TO have the and custody Of all
the county property, except such is by law placed
10 the custody Of other officers; 2ld, TO control
all books, papers, 90 instruments pertaining 10
his Office; @rd, 70 audit al claims for money against
the cOur'y; 4th, to .w and seal with The seal Of
the CO. mtg cour warrants upon the county
treasury; y.., D audi. and settle the accounts Of
the cOU-ty trustee. and those Of any other collector
or receiver ofc0unty revenue, taxes incomes pay
able IN the county treasury aud those Of any other
persons entrusted to receive CT eZpeud any money
Of the county, and 20 require said officers or per
sons to render and settle their account as directed
by law, or the authority under which they may act;
g. 10 enter in book to be known the warrant book
in the order Of issuance, the number date, amount
and name Of the driWee Of each warrant drawn
upon the treasury; 9TH, to keep in a suitable book
an account Of the receipts and expenditures Of the
county IN such a manner as to show clearly the
assets Of the county and the debts payable 10 and
BY it, balancing said account annually and general
ITO superiniead the financial concerns Ofhe county
sLh, no money shall be drawn out Of the county
treasury, except upon warrant issued by the county
judge; 9Th, the dEUes directed 10 be performed BY
the clerk Of the county court in the administration
Of insOl7eut estates shall be rs heretofore except
that which is judicial in its character.
SEC. 9. Be H enacted, That the county judge shall
receive five dollars per day daring the sitting Of the
monthly and quarterly courts, aud the several quar-
terly courts are hereby authorized 70 make addition
al compensation to the judge, by appropriations for
that purpose, such amount as said quarterly court
may deem rigat, and said judge shall be paid his
compensation quarterly out Of the county treasury
upon the judges own warrant
SEC 10. Be e enacted That the Justices shall be I
paid for their necessary attendance the quarterly
courts, Two dollars and fifty cents per term.
SIC II. Be e enacted That hereafter IL shall he /
the duty Of the clerk Of said county courts TO keep
docket Of all the cases to be tiled in said courts
are now kept by the clerks Of the circuit courts
SEC. II. Be Il enacted, That It shall be the duty !
Of said clerks to enter upon said docket all SUITS
motions, and actions, that may come before said /
court for trial, and that no suit notion or action
before said court shall be tried except 1t appears on
said docket; and all suits, motions, and actions, /
shall betried IN order rs they appear said oket
SEC. Is Bet enacted, That the county judge shall
have power at any time Whetherin term or vacation.
to appoint agent, or attorney, to take care Of /
the public property, and that be may allow and pay
a reasonable compensation for their services and /
that when he audts claims he shall issue his war
rant upon the trustee for the same, in the manner
laid down in the Sth section Of this act
SEC. IA be q FURTHER el11ts1 That said county
Judge shall not be prscuded from praoicing in the
Suprem, Chancery, Circuit and Criminal Courts in
this State, but shall not be permitted TO act as
counsel in any case going up from his own court.
SEC. Is. BE 70 further eHIclsd That whenever It
shall so happen from sickness or other cause that
the county judge is unable TO attend his court then
The Governor shall appoint some suitable person TO
hold the court until the disability is removed.
Passed February Is, 1858.
DANIEL S. DONELSON.
Speaker Of the House Of Representatives.
JOHN G.. BURCH,