The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1889-03-01
AN IMPORTANT BILL.
Separate Circuit and ChanceFy
Court Proposed for Maury
GnNRHdV

Separate Circuit and .ChanceFy
Court Proposed for Maury
County,
At the instance of the bar at COlumbia
the following bill was introduced by
Senator Plummer and Representative
Wilkes Saturday. The repre- sentatives
will ascertain the wishes of the citizens
of Maury before attempting final pas
sage of the bill:
An act to amend an act to divide the
State of Tennessee into judicial circuits
and chancery divisions, and provide for
the administration of justice and equity
in the circuit and chancery and other
inferior courts of this State, and to fix
the time for holding the terms of said
chancery, circuit and other courts and
providing for the appointment and cleo
tion of Judge in Maury county, who
| will hold the circuit and chancerY
courts of Maufy county, and also pro-
viding for States Attorney in that
| county.
Section l. Be it enacted by the gem
| eral assembly Of the Stat of Tennessee
/ thai the acts Of the extra session OF 1888,
chapter, 20, be so am 'nJ. that Maury
county be taken from thf ninth judicial
| circuit and seventh chancerY DIVISION
and separate chancery division and
judicial circuit.
Sec.-2. Be it further enacted, That
| there shall be elected by the qualified
| voters Of Marry county Judge learned
in the law, who shall be thirty years of
l age, to he styled the circuit and chance
| rV Judge of MaurV county, who shall
! hold his office for four Years from the
| day of his commission; said person to
! be citizen of Maury county and of
| good moral character.
Sec. 3. BE it further enacted, That the
/ first election for the chancery and cir
cult Judge Of Maury county shall be
held at the same place and by the same
officers that other county elections are
held on the first Thursday in August,
1890, and under the same rules and reg
ulations that are prescribed by law for
other county elections, and subsequent
elections, except vacancies, which shall
be filled when they occur, in the man
ner prescribed by law, on the first
| Thursday in August every eight years
the r5afteT.
Sec. f. Be it further enacted, That
the circuit and chancery judge of
Maury county shall have the qualifica-
tons of, and exercise all the rights,
powers and Jurisdictions that are con-
ferred by existing laws on circuit
judges and chancellOrs of this State,
and shall comply with all the requi re-
ments of, and perform all the duties inn
posed by law creating and regulat ng
the powers and duties of circuit Judges !
and chancellOrs, and may interchange |
with other circuit judges and chancel- |
lors in holding their courts when occa- !
sion or convenience requires in accOr- |
dance with the laws in such cases pro- |
vided.
E'tC- Os IOt IL luI lICI 6ndCtCNf IhdI IL !
shall be the duty of said char Try and |
circuit judge of Maury county, so elect
ed to hold the chancery and circuit |
courts of Maury county, and perform
all the duties of circuit judge and chan
cellor with reference to those courts.
Sec. 6. Be it further enacted, That
the circuit and chancery courts of Mau-
ry county may each always be kept
open, as the interest of the State and
the said county of Maury requires, and
no conflict of powers in jurisdiction in
this respect shall arise, and when said
judge is sitting as circuit judge the
clerk of the circuit court acts as circ'
court clerk, and when as chancellor 'e
clerk Of the chancery court ar,s az
clerk, as it is not intended that this ec'
shall in any way disturb the clerks vi
either of said courts of Maury county,
but both courts may be kept open ut
Sec. 7. BE it further enacted, That
the time for holding said circuit and
chancery courts of Maury county and
terms of the court to which process
shall be returnable. shalI be the same
as they now are, except that it shall be
In the power of said circuit and chan
eery judge to hold his court continuous
". or adjourn from time to time the
hearing of causes from day to day; also
the meeting Of the grand jury, as he
deems the public welfare requires, and
have all process incident to such con-
tinuance made returnable to the daY
the circuit court shall be returnable as
they now are, and also provided that
said circuit and chancery Judge. when
acting as chanel or, may appoint rule
days for the first Monday in every
month to make process returnable un-
der the law.
Sec. s. BE it further enacted, That
said circuit and chancerY Judge shall
not practice law or perform any of the
functions of an attorney or counsel in
any of the courts in this State, except
i'm cases which he has been employed
as counsel previous to his election. i
Sec. 9. Be it further enacted, That it '
shall be the duty of the governor under
this act to appoint judge, and duly {
him to hold the chancery s
and circuit courts of Maury county, I'M 8
til the first Thursday in August 1890.
Sec. 10. Be it further enacted, That
the Chancery and Circuit judge of Maury J
county shall receive salary of $1,000 '
annually for his services. t. be paid |
quarterly one-hdlf thereof out of the &
county revenue for the years i'm which y
the services are rendered, and the other {
half to he paid in the same manner as I
circuit Judges and chanceIlorS are paid {
out of the State Treasury.
See. IL. BE it further enacted, That I
the present Attorney General of the
ninth judicial circuit shall perform the {
duties of attorney for the State in
Maury county, until the end of his
term, but in case of conflict with any of {
ms other courts, by adjournment of
causes by the circuit and chancery
Judge of Maury county so that he can
not be present at the trial or adjourned =
terms of said court, or grand jury, said '
circuit and chancerY judge may appoint I
an attorney pro. tenn. to act in bis place, !
whose compensation shall be the same i
rs now fixed hy law for attorneys for
,he State. SO appointed.
Sec. u. Il it further enacted, That l
1t the next regular election of judges in {
his State there shall be elected an at c
,Ornev for the State for Maury county, (
% hold for the same term as other dis t
.rict attorney generals. '
See. ID. BE il further enacted, That '
he attorney for the State SO elected
shall attend the circuit court and prose- {
ute all crimes and off 'nSes against the i
State in said county o. Maury, and at a
all times do and perform all other du- f
les by law required of attorneys for the
state, and his compen Sation shall be
he Same as now fixed b. law for attor- J
leyS for the State. '
See. II. Pc ii further enacted, That {
he provisiC ms of the code of Tennessee,
and all acts and parts of acts of the gen
sral assembly in conflict with Ithis act, {
be and the same are hereby repealed;
and that this act shall take effect from I
and after the first Thursday in August,
1889, the public welfare requiring it. a
THE OTHER SIDE.
The following protest, in printed
'orm is being circulated all over the (
county, by parties who are opposed to I
the passage of the bill; and we are in '
formed that the several protests have
over one thousand signatures. 1t
reads as follows:
To the Honorable Legislature, as
sembled at Nashville, Tenn, and par