Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1879-10-11
: ofthe Revised Statutes Of Tennes-

see.
These are clauses of the act which
determines what are the response
biIitieS OF the Judge as Judge, omit
ting those which lie upon him as
financial agent of the county:
Section 42i reads us follows: "The
Judge or Chairman of the County
Court shall be the accounting Off
Ger and general agent OF the county;
and as such he shall have power
and it shall be his duty:
rive here abridge the definition
of his powers and duties
l. TO take charge of county prop
erty.
2. Appointment and compensa-
ton of county attorney.
3. To take charge of books, pa
pers and instruments.
A, TO audit claims against county.
B. TO draw warrants on County
Treasury.
6, To audit accounts of County
Trustee and others.
z. To require settlements of such
officers.
8. TO keep a warrant book.
8. To keep the accounts of the
county.
SEC. ALA. Hereafter the Chairman
of the County Court or County
Judge shall not affix the seal of the
county to warrants drawn by them
upon the County Treasury.
For all the responsibilities herein
defined the Judge of this County
Court has given bond to the amount
of $4,000, which has been accepted
by the court.
But it is cOntended that as finan-
cial agent of the county the Judge
has control of much larger sums
than those as security for which the
above bond was given. For in
stance, the sale of certain bonds to
meet the expenses of building the
new Court House has placed in his
hands money to the amount of over
$40, 900, which before the year is out
will be increased to $40, 600 or there
abouts; and it is contended that the
bond ought to be raised so as TO
secure this amount. 1t is also con-
tended that the following statute of
the last General Assembly was in
tended expressly to provide this
additional security:
! AN ACT requiring Judges and
Chairmen of County Courts to eX-
ecute bonds for the faithful dis
charge of their duties as account
ing officers and financial agents of
their counties.
SECTION l. Be 1t enacted dy the
General assembly Of the State Of
Tennessee, That all Chairmen and
Judges of County Courts shall here
after, before entering upon the dis
charge of their duties, enter into
bond with good and sufficient secu-
rites, to be approved by the Quar-
terly Courts, in such penal sums as
said Courts may fix, payable to the
State of Tennessee, for the use OF
their respective counties-condi-
toned for the faithful discharge of
their duties as accounting officers
and general agents of their counties,
during their official terms, as set
forth in Section 421 of the Code OF
Tennessee, and the sub-sections
Hereunder, and Section AHA.
SEC. ,. Be IL further enacted, That
all the present .ineumbents of said
offices shall execute the bonds re-
quired by this Act, at the April
term, 1879, of said Quarterly Courts;
Provided, that in case any Chairman
or County Judge fail to give bond as
required by the first Section of this
Act, at the April term of the County
Court, 1879, then it shall be the
duty of the Clerk of the Court in
which defaults occurred, as soon
thereafter as cOnVenient, to notify the
Chairman or County Judge so failing
to give bond to appear at the July
Quarterly term, 1879, and enter into
bond as required by the first Section
of this Act--and in case of failure,
the Court shall declare the office OIL
such Chairman or County Judge
vacant, and proceed to fill the same
in the manner now provided by
law.
1t is cOntended by Judge Tyler
that this act does not require secu'
7 lily lOl OlllCA
than those for which he has already
given bond, relying upon the refer
ence to Section 42l and ALA, al
given above. The Judge also con
. tends that the funds in question are
not in his possession, but in that o.
the banks in which they are lodged
| which, if anyone, ought to be placed
, under bond. As, however, these
banks have no power to alternate
any portion of them, and as the
; Judge has the power to check on
any amount at any moment, it !:
, hardly supposed he will rely muct
upon this latter point. He avOweC
his readiness to give any bond thu
county might require.
The Court ultimately disposed o
the matter according to the follow
, ing motion of Esq. G. d. Bailey,an
adjourned to the fourth Monday il
the present month, for the purpose
of receiving the report of the com
mittee therein named and taking
any additional bond which they
may advise.
: On motion of c.. d. Bailey it wa
ordered by the Court that l. p
Howard, R. d. Read, G. H. Slaugh
!, ter, G. Orgain and j. n. BlackfOrC
be appointed committee to advist
this Court what bond to require o
) the County Judge as financial agen
for Montgomery county, and alst
what should be the terms of sale
bond land if necessary take lega
advice and proof, and they shall
report to the adjourned term of thi
Court. If they find an additional
bond necessary, ordered that saiC
committee shall frame said bono
; and present it to the County Judg,
within ten days from this date
who will cause the same to be filled
up and signed by the securities anC
filed for the action of this Court Oh
the first day of its adjourned tern
= for its acceptance and approval.