The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1915-09-03
published by Authority
CHAPTER NO. 121.
House Bill No. 6S6.
(By Mr.. McLain.)

! ate the once OF divorce pFoctor, u
define his qualifications, duties AMI
powers; to provide the manner of his
ELECTION, term of Office and compensa
ton and to provide for the appoint
ment of a deputy divorce proctor and
to define his duties and to provide for
his compensation, in counties OF this
state having a population of 100000
or over by the federal census of 1910
or any subsequent federal census.
Section I. Be it enacted by the
General Assembly of the state of Ten.
nessee, that there is hereby created
the Office of divorce proctor for each
county Of this state having a popula.
ton of 100000 or over by the federal
census of 1910 or any subsequent fed.
eral census.
Section 2. Be 1t further enacted,
That any lawyer licensed to practice
before the supreme court of Tennes'
see, residing and bein qualified vot.
er in the county for which he Is elect.
ed, shall be eligible to hold the. office
of divorce proctor. During his term
OF Office neither the divorce proctor
nor his deputy hereinafter provided
for, shall appear for either party in
any divorce suit fled in his county.
Section 3. Be it further enacted,
That 1t shall be the duty of the di'
vorce proctor to appear upon the trial
of every divorce case in his county,
whether the suit be contested by the
defendant or not; and it shall be the
duty of the divorce proctor to ac-
knowledge service upon him Of a copy
of every bill for divorce with ackuowl-
edgement of service shall be endors-
ed by him upon the original bill be-
fore the same is filed in any court in
his county, and no bill for divorce
shell be fled unless 1t bears such &C.
knoweldgemen over the signature of
the divorce proctor with the date Of
service; but nothing herein shall be
construed as dispensing with the ne
cessity of the service of proper pro-
cess upon the defendant as is requir-
ed by existing laws.
Immediately upon the commence
ment Of suit for divorce, 1t shall be
the duty of the divorce proctor to in
vestigate the charges made in the bill
and he shall be prepared to advise
the court, upon the hearing, as to the
merits Of the case.
Section 4. Be it further enacted,
That the divorce proctor shall have
the power to cause witnesses, includ-
ing the parties to the suit, to be sub
poenaed to testify, respecting any
charge made in the bill or the answer
or upon any matter touching the ma
terial status Of the parties, the per-
Torrance or neglect, Of any duty by
either. to the ind that justice may be
done the parties and that society may
be protected and the sanctity of the
marriage relation preserved: and the
divorce proctor shall have the power
and the authority, upon the trial OF
the suit to examine all witnesses.
Section s. Be it further enacted,
That a divorce proctor shall be eelct-
ed by the county court Of each county
in the state, at the first regular term
after the passage of this act, and ev.
cry four years thereafter. The d.
vorce proctor elected shall serve for a
term Of four years from the date of
his election or until his successor Is
elected. In the event of vacancy
in the office Of divorce proctor, the
county court at its next regular term
shall I'LL the vacancy for the unex-
pired term Of the Office, and until
such vacancy is filed, the deputy di-
vorce proctor, hereinafter provided
for, shall act as divorce proctor.
Section 6. Be Il further enacted,
that the divorce proctor shall be al.
lowed as compensation, fee of five
dollars in each divorce suit filed in
his county, which sum shall be taxed
as part of the costs in each suit, in
addition to costs and now provided by
Law.
Section Z. Be 1t further enacted,
That each divorce proctor shall have
the power and authority to appoint
deputy divorce proctor who shall have
the power and authority to acknowl-
edge service in the name Of the d.
vorce proctor, by him as deputy di.
vorce proctor, Of all bills for divorce,
and in case of the absence from the
county, or the disability, or at the re-
quest Of the divorce proctor, he shall
have and exercise all the rights, pow.