Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-02-20


AN ACT 10 establish a Law Court ct Chattanooga.
Section l. Be It enacted By the General Assembly Of
the State Of Tennessee That there shall be established
Tor the State Of Tennessee Common Law Court"
to be held at Chattanooga, in Hamilton county with
general common law jurisdiction, in all cases arising
law OF a civil criminal Character 70 the same
extent that the Circuit COurs Of this State have
but this jurisdiction shall only extend 10 cases aris
ing in that part Of Hamilton county st present con-
stituting the fourth sad fourteenth civil districts
Provided that citizens Of Hamilton county liV-
ing outside OF the fourth and fourteenth civil dis
trios shall be Liable be sued in said court unless
upon real actions Of which said court may have pc.
cular jurisdiction; Aud provided further that any
defendant may waive his right TO have his suit re
turned before the circuit Of Hamilton county
By acknowledging service Of the Vrit returnable 10
said law court at Chattanooga; And, provided fur
Their, that resident Of the fourth or fourteenth
civil district shall be indicted in the circuit court
at Harrison, unless the offence was committed in
said county Of Hamilton, without the limits Of the
fourth and fourteenth civil districts and no resi-
dent Of the fourth or fourteenth civil district shall
be sued in said circuit court in any civil suit unless
it be ina local action Of which said circuit court
may have exclusive jurisdiction, by reason Of the
location OF said property, about which said local
action msy be brought.
sec. 2 Be Il fsTthcT enacted That the style Of
said court shall be, 1.-The Law Court Of Chattanooga
Of which three terms shall be held each year in the
city Of Chattanooga, Oh the FIRST Mondays in Feb
ruary, June, and October; and shall continue until
the business Ter trial is disposed Of with full power
to the Judge order and mold special terms OF said
court, provided by Law for holding special terms
Of tao circuit courts for this State.
Sec. 3. Be Il further enacted, That this court shall
be held by the Judge OF the third judicial circuit
or any other Judge Of the State with whom he may
interchange provided Tor by law, who in it shall
perform al the duties and exercise all the powers
prescribed for circuit Judges of this State, and in
it the practice shall be the same in al respects as
in the circuit and criminal courts.
Sec. 4. Be u further enacted That the attorney
general of the third Judicial circuit, and the sheriff
Of Hamilton county or his deputies, aud the clerk
Of the circuit court Of Hamilton or his deputy shall
attend said court the officers Of the same, they
shall perform in it all the duties BY law imposed and
required by them respectively IN relation to the /.
business Of the circuit court Of Hamilton county,
and they shall be allowed the same fees and be un-
der the liabilities and the same remedies as to
them and their securities, IS are now provided for
aad guaranteed in the circuit and criminal courts,
for neglect Of duty, and the clerk Of the cir 1
cult court Of Hamilton county, shall keep an 4
office in the city Of Chattanooga, which shall 4
DO constantly kept open for the transaction of I
business, either by himself OF his deputy: and 4
the said clerk shall have power by himself or 4
his deputy, TO issue all manner Of Writs or pro-
cess, for or from either Of said courts that he 4
has to issue for from the circuit court Of 4
Hamilton county.
Sec 5. Be Il further enacted, That no resident Of /
the fourth fourteenth civil districts Of said
ty, shall be compelled to appear party defendant
in any ransitOry action before any magistrate out
side Of these districts, and resident Of that por
tioH Of said county without the Limits Of those dis
tricts, shall be compelled TO appear party defend
ant in any transltOTy action before any magistrate
within the limits of those dis riCts and all causes
tried before any magistrate in those two districts,
which may be taken up by appeal or certiOTari,
shall 60 to and be disposed Of In the law court OF
Chattanooga, IS done in the circuit ceurt Of
Hamilton county, but nothing in this section shall
be construed as restricting any Of the powers or
privileges now exercised By tue justices Of the (
peace Of said county, except the power Of COMPEL
ing residents OF the .oUrth and fourteenth districts
10 appear before them for trial Jranstory action
Of these DISTRICTS and except the power Of COMPEL
ing residents Of that portion OF the country without
the Limits Of said two districts in ranitOry action
Is party defendant Parties defendant may waive
their right to have Lheir actions tried in any pari
Culsr portion OF said county and by consent Of any
party defendant residing outside Of the fourth and
Districts his may be tried before J
any magistrate in said districts, and any party de-
PENDANT residing in these districts may have his
cause tried by consent before any magistrate out
side Of those districts.
Sec G. Be t further enacted, That counterpal,ts
Of Wrts may issue from said courts for joint def
1ants residing or living beyond the limits Of said
he rightful jurisdiction of the cause of action.
Sec Z. Be further enacted, That the Judge of I
he third judicial circuit shall select, within tI,e
fourth and fourteenth civil districts Of Hamilton |
county, juries necessary TO transact the business Of
said court and their selection and qualification as
rand nd traverse jurors shall be regulated ia the
ame manneras tHe jurors Of the circuit and cTimi-
bal courts Of this state, and their compensation /
hall be the same, and paid in the same manner, IS
he other jurors Of this State are nov paid BY law
Sec. g. Be Il further enacted That when, fro N
public excitement other cause, the Judge Of sa i'd
court my deem it necessary hemay order the suGl-
mems Of competent persons 10 serve as iuroTs in
aid court, from any and all parts Of Hamilton
county, whose compensation shall be the game, and
lsid in The same manner, as jurors are paid y !
aW.
Sec. 9. Be e further enacted, That any suit .er
uits now pending IN the circuit court Of Hamilton
Ounty may by consent of parties, be transferred
o the law court Of Chattanooga; provided, tn %
re such as said court has jurisdiction, has here
OfOre been provided for in this act.
Sec. 10. Be Il further enacted, That the fines and
Orteitures arising from, and growing out Of, a3y /
usness done in said court shall DO disposed Of Rs I
be fines and fOrfeitures which are collected in be
irouit courts Of Hamilton county.
Sec. II. Be u further enacted That the eXpen re
erecting court house, jail house, and all e
essary public Offices for said court shall be paid -
he fourteenth civil district of hamilton county, cd
be fourth civil district shall never be taxed 10 ~
ny portion Of the expense Of erecting any publ C
uildIng at Chattanooga; and the inhabitants Of :
aid fourth district shall never be taxed any mo- Re
pay the expenses Of having said court at Chs L
lnOoga, than the inhibitauJs Of the other civ Il
stricts Of Hamilton county may be taxed.
Sec. II. Be Il further CHqctsa That this act Bha IL
Ike effect from and after its passage
Passed January 26, 1858. c
DANIEL S. DONELSON,
Speaker Of the House Of Representatives.
JOHN BURCH,
Speaker Of the Senate
n ACT for the benefit Of Constsbles. '