Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-07-03

oclOIo tho - 20 - term 81 which such case shall B
tried, which notice shall be IN writing and con
thereof fled with the attorney or President IF 81;
| Board lef - our
SIC. 30. be q further essactsd. That the eonnep
sation Of the President of said Board shall no tbra
thousand dollars per arnum, and of the other Com
nissioners eacn, two thousand five hundred dollar
per annun' PAYABLE, quarterly, out of the Count,
/ SIC. 81. Be az further enacted. That the Fifth
Thirteenth and Fourteenth Civil Districts of Sbelb,
] county, in witch Memphis Chelsea and Fort POL.
ering are situated shall constitute JudiciaI Dis
| trict, with Court having Law and Crimina
Jurisdiction with the CivA Districts aforesaid a;
l herein prescribed.
| SEC. 80. BE Il further enacted That said Courl
shall be styled and known ss the sMunicipal Conf
| of Memphis
SIC. 49, BE 1t further eliactcd. That said Court
shall have Law jurisdiction, concurrent with the
Law Court Of Memphis, Of all civil cases arising
out Of or from eontrac wherein the amount sued for
does not exceed the sum Of three hundred dollars
and also appellate Jurisdiction of all cases tsten ~
said Court by appeal or certiora7, from any of Che
Justices Of .he Peace IN said Districts Said Coprt
shall also have the exclusive jurisdiction heretofore
exercised by the Law Court of Memphis, of All
cases appealed from the Recorders or Police Com
missioners' Court Of Mempbis
sEc. "a. BE Il fitytksr e,laeted That said Count
shall have and exercise exclusive iursdieton Of ali
misdemeanors, and Of all crimes and offenses for
which the maximum punishment does not exceed
five years imprlsonlnent in the Penitentisr1, com,
mtted within the limits OF the District aforesaid;
and the Criminal Court of Memphis shall retain
exclusive jurlsoleson of ali felonies for which the
maximum punishment is greater than above snecifad
The Municipal Court shall also have exclusive in.
risdiction OF all appeals from the judgments of
justices OF the Peace in said Districts wherein fines
are levied under the provisions of tie Code relating
to Small offenses.'
SEC. 80. &c al further enacted, That there shall
be appointed oy the Governor, Judge of the MI
nlcipa Court, who shall held his Office till the reg
nlar election IN 1870 for the election of Judges and
ether officers, as prescribed by law, and who shall
receive q salary of two thousand Eve hundred dol
lars per aRnum,
SEC. sc. Be Il further enacted That there shall be
appointed by the Governor for the Districts afore-
sald as provided for in section of this Act for the
appointment and election of the Judge of said
Court Prosecuting Attorney, who shall attend the
terms OF the Municipal Court and perform similar
duties TO those required by law of the Attorney
General, in relation to the business of the Criminal
Court Of Memphis, and shall receivethe same COM
pensation therefor; and who shall hold his Office
until his successor shall be elected and qualified
SEC 81 BE 1t further esleted, That there shall be
appointed by the Governor, Clerk of the NUM-
cipal Court OF Memphis whose duties shall be the
same as those of the Clerk of the Law and Crirli-
nal Courts Of Memphis, ard who shall receive the
same compensation therefor, and who may have one
deputy. He shall give bond and qualify as required
by law OF the Clerk of tie Law Court of Memphis.
He shall hold his office by appointment until the
regular election as aforesaid and until his successor
shall be elected and qualified
SEC. SO. Be 1t rther e1tacted That there shall be
appointed by the Governor, Marshal for said
Coart TO hold his Office until his successor shsl be
elected and qualified as provided by law for the
election Of County Sheritfs in the State. and that
hall ho Al
bond in the same amount and perform the duties, ,
AND have the same powers iu said Municipal Court |
rs provided by law fer Sheriff.. Said Marshal |
shall have the power ard authority by and with |
the consent of the Judge of the said Municipal |
Court 10 appoint one OF more deputies for said |
Court as may be necessary. The duties and pow
ers Of said Marshal shall be strictly confined to the
jurisdiction of said Court
SIC 80. BE II further enacted That the Munich |
pal Court shall hold term for each month in the
year. commencing on the first Tuesday in each |
monih. All process shall be tested as heretofore |
prescribed by law for other Courts. Original pro-
cess on the Law side of the Court shall be return
able FIVE days before thu first day of the Term to
which il Is issued. The Terms of said Court for |
1e months of February June and October, of each /
year shall be for the transaction of business upon
he Criminal side Of the Court exclusively, and the |
Terms in each year shall be devoted to
he business of Law side of the Court exclusively. |
SIC 40. Be it further enacted, That all causes on
he Law side of said Court shall be tried by the |
Judge thereof unless either party to the suit shall
insist upon Jury trial. in which case the trial shall
% by jury. as in the said Court of Memphis Pro
,jded That all appeals from the Recorders or Po-
ice Commissioners, Court of Memphis shall be /
ried By the Judge of the Court, as elsewhere pro-
7ided in this Act.
SEC. II. Be IL further enacted That the Judge OF
be Municipsl Court shall issue vsnire for twenty
I've Jurors to attend each Term of the Law side of /
aid Court, and shall appoint Grand Jury and /
wo Petit Juries to attend each Term, upon the 1
Criminal sde thereof He shall have power TO en-
oree the attendance Of jurors and Witnesses by fine
md otherwise as in the Circuit Courts and shall
AVE al the powers granted to Judges of other
Jourts necessary to a prompt transaction OF the |
business Of the Court TO compel obedience to its or
iers and DEGREES, preserve order and punish con-
empts.
SEe AZ. Be Il further enacted, That the Judge Of
aid Court may adopt rules of practice for both the
law and Criminal sides thereof, in like manner as
theT Judges have power to do in similar cases and
nay enforce the attendance of the officers OF the
court, as in other Courts.
SEC 43. Be II further enacted That the Judge OF
aid Court shall have power TO issue writs OF ha-
cas- corpus, and hear and determine the same, and
xercse all the powers Of Judge at Chambers in
II matters within the Jurisdiction of said Court;
nut shall not issue extraordinary process TO other
Jourts nor exercise the interchangeable powers now
onferred on Ohaneellors and Circuit Judges
SIC. A. BE II further enacted, That any person
aking an appeal from the judgment Of any Justice
i the Peace within the District aforesaid, may
lect to take such appeal to the Law Court as here
ofore, or to the Municipal Court as the appellant
hall see fit. In case the appeal IS taken to NUM-
ipa Court, if shall be the duty Of the Magistrate
eiore whom the case was tried, 10 forward the pa
ers therein to the Clerk of the Municipal Court OF
iemphis, without delay and be shall require an
ppeal bend as now required in appeals to the Law
curt Of Memphis
SIC. IS. Be II further enacted Ihat all Appeals
rom The Recorders or Police Commissioners court
( Memphis, shall be taken to the Municipal court
+ Memphis and the officer holding said Recorders
7 Police Commissioners court, shall forward the
apers therein, without delay TO the clerk Of the
lunicipal court Such appealed cases shall be
card and deterpined by the Judge of the NUM-
pal court in accordance with the provisions Of so
lueh of chapter 2, title Q, part 3. OF the Code OF
ennessee, as pertain TO cases appealed from the
ecorder's court OF Memphis TO the law side Of the
omuaon Law and Cbancery courts of Memphis
nd no appeals shall be taken from the Police or
ecorder's court except in the manner prescribed
that cbapter All judgments Of the Police court
9-sfirmed in the Municipal court, shall be collect
for the use of the Financial Commissioner OF the
Metropolitan Police, and shall be paid over TO that
ficer BY the clerk Of the Municipal court. And in
u cases where execution issHes upon any such !
Iigment and is returned unsatished in whole or
part. mitetasts shall issue from the Municipal
)urt, committing The original party defendant TO
le City Werkhouse in like manner IS the same
light issue in the first instance from tho Recorder
Police Commissioners court.
SIC 46. Be Il fsrfbeT enacted, That appeals and
rts of error will lie in all cases from the Munich
II court direct 10 the Supreme court, as from the
aw and Criminal courts of Memphis.
SEe. ~ Be Il fvrtheT enacted, That the county
Shelby shall furnish suitable rooms, with
,cessary eonveniences and appurtensnces, for
1lding the forms Of the Memphis Municipsll
urt, and for the use Of its officers.
SIC. as BE a fi,rtker enacted, That al Acts and
arts Of Acts conflicting with the provisions Of this
Ct be and the same are hereby repeslsd Brorided,
at the salary of the Judge provided for by this
c. shall be paid b. the county Of Shelby.
SIC TO- Be IL further enacted, That this Act shall
ke effect from and after its passage.
j. S. MULLoY,
peaker pro TEN. Of the House Of Representatives
JOSHUA B. FRfERisoS,