reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-118 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 805, s 2, eff. 10/1/2014.
Code 1858, § 1803 (deriv. Acts 1817, ch. 77, § 3; 1843-1844, ch. 9, §§ 1, 2); Shan., § 3211; Code 1932, § 5913; T.C.A. (orig. ed.), § 8-1624; T.C.A. §
8-16-306
; Acts 2004, ch. 854, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-119 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 805, s 3, eff. 10/1/2014.
Acts 1895, ch. 203, § 2; Shan., § 3212; Code 1932, § 5914; T.C.A. (orig. ed.), § 8-1625; T.C.A. §
8-16-307
; Acts 2004, ch. 854, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-120 - Acting after expiration of commission

It is unlawful for any person who has been commissioned as a notary public, either as a result of election or upon direct appointment by the governor, to take acknowledgments or otherwise act in an official capacity after the expiration of such notary's commission. A violation of this section is a Class C misdemeanor.
Acts 1925, ch. 79, § 4; Shan. Supp., § 3199a2; Code 1932, § 5091; T.C.A. (orig. ed.), § 8-1626; Acts 1989, ch. 591, § 113; T.C.A. §
8-16-308
; Acts 2004, ch. 854, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 1 - QUALIFICATIONS (§§ 8-16-101 — 8-16-121) › Section 8-16-121 - Depositions taken by notaries public of other states

A notary public, duly and lawfully commissioned by the proper authorities of another state and empowered by the law of such state to take depositions, is authorized to take depositions to be used in the courts of this state, upon the same terms that are provided for the taking of depositions by other officials in such states. But the certificate of such notary shall show the date of the commencement and expiration of the commission under which the notary may be acting.
Acts 1885, ch. 11, §§ 1, 2; Shan., § 3197; Code 1932, § 5897; T.C.A. (orig. ed.), § 8-1627; T.C.A. §
8-16-309
; Acts 2004, ch. 854, § 18.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 2 - CONSUMER PROTECTION (§§ 8-16-201 — 8-16-204) › Section 8-16-201 - Notice that notary public is not an attorney

(a)
(1)
A notary public who is not an attorney licensed to practice law in this state who advertises in any language the person's services as a notary public by radio, television, signs, pamphlets, newspapers, telephone directory or other written or oral communication, or in any other matter, shall include with such advertisement the notice set forth in this section in English and in the language used in the advertisement. The notice shall be of conspicuous size and shall state:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
(2)
An advertisement on radio or television must include substantially the same message.
(b)
A notary public who is not an attorney licensed to practice law in this state is prohibited from advising or assisting in selecting or completing forms affecting or relating to a person's immigration status, unless that conduct is specifically authorized by federal law.
Acts 2002, ch. 665, § 1; 2006, ch. 945, § 6.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 2 - CONSUMER PROTECTION (§§ 8-16-201 — 8-16-204) › Section 8-16-202 - Prohibited representations or advertising

A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the board of immigration appeals pursuant to
8 CFR 292.2
or any subsequent federal law.
Acts 2002, ch. 665, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 2 - CONSUMER PROTECTION (§§ 8-16-201 — 8-16-204) › Section 8-16-203 - Compliance

Any failure to comply with the foregoing provisions constitutes an unfair or deceptive act as provided for in §
47-18-104
.
Acts 2002, ch. 665, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 2 - CONSUMER PROTECTION (§§ 8-16-201 — 8-16-204) › Section 8-16-204 - Exceptions

This part shall not apply to:
(1)
Notary services offered by a state or national bank, trust company, savings and loan association, savings bank or by any affiliate or subsidiary of such state or national bank, trust company, savings and loan association or savings bank or any agent or employee thereof; or
(2)
Any offering of notary services or listing of fees for notary services as a part of the closing of any loan transaction, extension of credit, security instrument or transfer of title.
Acts 2002, ch. 665, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-301 - Short title

This part shall be known and may be cited as the "Online Notary Public Act."
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-303 - Applicability of part

This part only applies to online notarizations.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-304 - Rulemaking

The secretary of state shall promulgate rules necessary to implement this part, including rules to facilitate online notarizations. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-305 - Standards for online notarization

(a)
The secretary of state shall promulgate by rule standards for online notarization in accordance with this part, including standards for credential analysis and identity proofing.
(b)
The secretary of state may confer with other appropriate agencies on matters relating to equipment, security, and technological aspects of the online notarization standards.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-306 - Application - Qualifications

(a)
A person who has been commissioned as a notary public may apply to the secretary of state to be commissioned as an online notary public in the manner provided by this section.
(b)
A person qualifies to be commissioned as an online notary public by:
(1)
Satisfying the qualification requirements for appointment as a notary public under part 1 of this chapter; and
(2)
Submitting to the secretary of state an application in the form prescribed by the secretary of state that satisfies the secretary of state that the applicant is qualified.
(c)
The application required by subsection (b) must include:
(1)
The applicant's legal name as listed in the records of the county where the applicant is commissioned as a notary;
(2)
The applicant's physical address in this state, which includes the street address, city, state, and zip code. However, the applicant may provide a post office box number for purposes of receiving mail from the secretary of state;
(3)
A valid email address for the applicant;
(4)
A valid telephone number of the applicant;
(5)
The county in this state where the notary was commissioned as well as the date the notary was commissioned and the date the notary commission expires;
(6)
Any other information deemed necessary by the secretary of state for the purpose of determining whether the applicant qualifies to become an online notary; and
(7)
A certification that the applicant will comply with the secretary of state's standards promulgated pursuant to §
8-16-305
.
(d)
The secretary of state may charge a fee for an application submitted under this section not to exceed an amount necessary to administer this part.
Added by 2018 Tenn. Acts, ch. 931, s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-307 - Performance of notarial acts

An online notary public:
(1)
Is a notary public for purposes of this chapter, is subject to this chapter, and must be appointed and commissioned as a notary public under this chapter;
(2)
May perform notarial acts as provided in part 1 of this chapter; and
(3)
May perform an online notarization, without regard to the physical location of the principal, if the notary is physically located in this state.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-308 - Electronic record of online notarizations

(a)
An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. The record may be kept in one (1) or more electronic journals. The electronic record must contain for each online notarization:
(1)
The date and time of the notarization;
(2)
The type of notarial act;
(3)
The type, the title, or a description of the electronic document or proceeding;
(4)
The printed name and address of each principal involved in the transaction or proceeding;
(5)
Evidence of identity of each principal involved in the transaction or proceeding in the form of:
(A)
A statement that the person is personally known to the online notary public;
(B)
A notation of the type of identification document provided to the online notary public;
(C)
A record of the identity verification made, if applicable; or
(D)
(i)
The printed name and address of each credible witness swearing to or affirming the person's identity; and
(ii)
For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
(6)
A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
(7)
The fee, if any, charged for the notarization.
(b)
The online notary public shall take reasonable steps to:
(1)
Ensure the integrity, security, and authenticity of online notarizations;
(2)
Maintain a backup for the electronic record required by subsection (a); and
(3)
Protect the backup record from unauthorized use.
(c)
The electronic record required by subsection (a) must be maintained for at least five (5) years after the date of the transaction or proceeding requiring notarization. The notary, or a guardian or personal representative of an incapacitated or deceased notary, may by agreement use a repository acting in accordance with any rules established under this chapter to maintain such records.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-309 - Use of electronic record, signature, and seal

(a)
An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority.
(b)
An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control, which includes access protection through the use of passwords or codes under control of the notary public. No online notary public shall allow another person to use the online notary public's electronic record, electronic signature, or electronic seal.
(c)
An online notary public may only use the online notary public's electronic signature for performing online notarizations.
(d)
An online notary public shall attach the online notary public's electronic signature and electronic seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.
(e)
An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public's electronic record, electronic signature, or electronic seal. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-310 - Online notarization procedures

(a)
In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this part and rules promulgated pursuant to this part. Identity may be verified by:
(1)
The online notary public's personal knowledge of the person creating the electronic signature; or
(2)
(A)
Remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person;
(B)
Credential analysis of the credential described in subdivision (a)(2)(A); and
(C)
Identity proofing of the person described in subdivision (a)(2)(A).
(b)
The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception.
(c)
The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization.
(d)
The validity of an online notarization performed by an online notary public of this state in accordance with this chapter shall be determined by applying the laws of this state.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-311 - Fees for online notarization

An online notary public or the online notary public's employer may charge a fee in an amount not to exceed twenty-five dollars ($25.00) each for performing an online notarization in addition to any other fees authorized under this chapter.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-312 - Termination of online notary public's commission

(a)
The secretary of state shall terminate the commission of an online notary public if the online notary fails to comply with this chapter.
(b)
Except as provided in subsection (c), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public's official electronic signature or seal. The online notary public shall certify compliance with this subsection (b) to the secretary of state as provided in rule.
(c)
A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in subsection (b) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three (3) months after the former commission terminated.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 16 - NOTARIES PUBLIC (§§ 8-16-101 — 8-16-313) › Part 3 - ONLINE NOTARY PUBLIC ACT (§§ 8-16-301 — 8-16-313) › Section 8-16-313 - Wrongful possession of software or hardware - Penalty

(a)
It is an offense for a person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or electronic seal.
(b)
A violation of this section is a Class D felony.
Added by 2018 Tenn. Acts, ch. 931,s 2, eff. 7/1/2019.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 17 - ETHICAL STANDARDS FOR OFFICIALS AND EMPLOYEES (§§ 8-17-101 — 8-17-106) › Section 8-17-101 - Legislative intent

It is the intent of the general assembly that the integrity of the processes of local government be secured and protected from abuse. The general assembly recognizes that holding public office and public employment is a public trust and that citizens of Tennessee are entitled to an ethical, accountable and incorruptible government.
Acts 2006 (1st Ex. Sess.), ch. 1, § 49.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 17 - ETHICAL STANDARDS FOR OFFICIALS AND EMPLOYEES (§§ 8-17-101 — 8-17-106) › Section 8-17-103 - Adoption of ethical standards

(a)
Not later than June 30, 2007, the governing body of each entity covered by this chapter shall adopt by ordinance or resolution, as appropriate, ethical standards for all officials and employees of such entity. To the extent that an issue covered by an ethical standard is addressed by a law of general application, public law of local application, local option law, or private act, any ethical standard adopted by a governing body shall not be less restrictive than such laws.
(b)
By resolution of the county legislative body, any county having a population of eight hundred thousand (800,000) or more, according to the 2000 census or any subsequent federal census, may elect to include all of its administrative officials and employees and all of its legislative officials and employees within the meaning and scope of title 3, chapter 6, part 3, as if the county officials and employees were officials and employees of state government. Upon adopting the resolution on or before June 30, 2007, the county shall be deemed to be in compliance with the requirements of this part; provided, that the county shall periodically reimburse the Tennessee ethics commission for the commission's increased costs arising from oversight and regulation of the county officials and employees.
Acts 2006 (1st Ex. Sess.), ch. 1, §49; 2007 , ch. 161, § 3.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 17 - ETHICAL STANDARDS FOR OFFICIALS AND EMPLOYEES (§§ 8-17-101 — 8-17-106) › Section 8-17-104 - Standards open to public inspection - Filing standards and amendments with ethics commission - Notifications

(a)
Each entity covered by this chapter shall maintain, for public inspection, the ethical standards of such entity and shall cause a copy of the adopted standards to be filed with the ethics commission. Any amendments or other modifications to the ethical standards shall also be filed with the commission as soon as practical after adoption by the governing body.
(b)
By no later than January 1, 2024, each entity covered by this chapter shall notify the ethics commission, either in writing or electronically by email, of the primary person responsible for administering and enforcing the entity's ethical standards. The entity also shall provide the commission with the person's contact information, including the person's business address, phone number, and email address. The entity shall notify the commission of any change in such responsibility within thirty (30) calendar days of such change and shall provide the name and contact information for an interim official serving in this capacity until such time as a permanent successor can be identified.
(c)
By no later than January 31, 2024, and on each January 31 thereafter, the commission shall notify the speaker of the house of representatives and the speaker of the senate, as well as the comptroller of the treasury, of each entity that is not in compliance with this part.
Amended by 2023 Tenn. Acts, ch. 37, s 5, eff. 3/14/2023.
Acts 2006 (1st Ex. Sess.), ch. 1, § 49.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 17 - ETHICAL STANDARDS FOR OFFICIALS AND EMPLOYEES (§§ 8-17-101 — 8-17-106) › Section 8-17-105 - Adoption of models of ethical standards

(a)
The municipal technical advisory service (MTAS) for municipalities, the county technical assistance service (CTAS) for counties, and the Tennessee School Boards Association (TSBA) for school districts, in order to provide guidance and direction, shall disseminate models of ethical standards for officials and employees of those entities. The models shall be filed with the commission. Any municipality, county or school district that adopts the ethical standards for officials and employees of local government or school districts promulgated by MTAS, CTAS or TSBA is not required to file the policy with the commission but shall notify the commission in writing that the policy promulgated by MTAS, CTAS or TSBA was adopted and the date the action was taken.
(b)
(1)
In order to provide guidance and direction to water, wastewater, and gas authorities created by a private act or under the general law and to utility districts, the Tennessee Association of Utility Districts (TAUD) shall prepare a model of ethical standards for officials and employees of water, wastewater, and gas authorities created by private act or under the general law and of utility districts. The model must be submitted to the Tennessee board of utility regulation for its review and approval pursuant to §
7-82-702(a)(6)
. The board shall approve by order the TAUD model of ethical standards before the model is adopted by a water, wastewater, or gas authority created by a private act or under the general law or by a utility district. After the board approves the TAUD model, the TAUD model must be filed with the commission.
(2)
The governing body of a water, wastewater, or gas authority created by a private act or under the general law, or of a utility district, that adopts ethical standards for its officials and employees shall either adopt the TAUD model of ethical standards approved by the board or adopt ethical standards that are more stringent than the TAUD model. If a water, wastewater, or gas authority created by a private act or under the general law, or a utility district, adopts ethical standards that are different from and more stringent than the TAUD model, then the more stringent ethical standards must be submitted to the board, which shall make a finding by order that the ethical standards adopted are more stringent than the TAUD model.
(3)
[Deleted by 2023 amendment.]
(4)
[Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 463, s 25, eff. 7/1/2023.
Acts 2006 (1st Ex. Sess.), ch. 1, §49; 2007 , ch. 405, § 3; 2008 , ch. 898, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 17 - ETHICAL STANDARDS FOR OFFICIALS AND EMPLOYEES (§§ 8-17-101 — 8-17-106) › Section 8-17-106 - Removal from office for failure to adopt ethical standards - Violations of standards

(a)
Members of a governing body of an entity covered by this chapter who fail to adopt ethical standards as provided in this chapter shall be subject to removal from office as provided in chapter 47 of this title.
(b)
Violations of ethical standards by officials or employees of entities covered by this chapter shall be enforced in accordance with provisions of existing law; provided, that no civil penalties for a violation of title 3, chapter 6, part 3 shall be imposed by the ethics commission on an employee of entities covered by this chapter. The ethics commission shall instead refer the commission's findings and recommendations for appropriate action to the appropriate official with supervisory authority over the person.
Acts 2006 (1st Ex. Sess.), ch. 1, §49; 2007 , ch. 322, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-101 - Eligibility to hold office

All persons eighteen (18) years of age or older who are citizens of the United States and of this state, and have been inhabitants of the state, county, district, or circuit for the period required by the constitution and laws of the state, are qualified to hold office under the authority of this state except:
(1)
Those who have been convicted of offering or giving a bribe, or any other offense declared infamous under §
40-20-112
, unless restored to citizenship under title 40, chapter 29; except those who have been convicted of an infamous crime if the offense was committed in the person's official capacity or involved the duties of the person's office, in which case the person shall forever be disqualified from holding office;
(2)
Those against whom there is a judgment unpaid for any moneys received by them, in any official capacity, due to the United States, to this state, or any county of this state;
(3)
Those who are defaulters to the treasury at the time of the election, and the election of any such person shall be void;
(4)
Soldiers, sailors, marines, or airmen in the regular army or navy or air force of the United States; and
(5)
Members of congress, and persons holding any office of profit or trust under any foreign power, other state of the union, or under the United States.
Amended by 2019 Tenn. Acts, ch. 281, s 1, eff. 7/1/2019.
Code 1858, § 748 (deriv. Const., 1834, art. 2, § 10; art. 6, § 7; art. 9, § 3; art. 10, § 3; Acts 1843-1844, ch. 197, § 2); Shan., § 1069; mod. Code 1932, § 1812; modified; impl. am. Acts 1971, ch. 162, § 3; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), §8-1801; Acts 1980, ch. 453, § 1; 1989, ch. 320, § 1; 1993, ch. 373, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-102 - Penalty for acceptance of office by ineligible person

(a)
Any person taking on any office in this state, by election or appointment, under any of the disqualifications specified in §
8-18-101(2)-(5)
, commits a Class C misdemeanor.
(b)
Any person taking on any office in this state, by election or appointment, under the disqualification specified in §
8-18-101(1)
, commits a Class A misdemeanor.
Amended by 2019 Tenn. Acts, ch. 281, s 2, eff. 7/1/2019.
Code 1858, § 749; Shan., § 1070; Code 1932, § 1813; T.C.A. (orig. ed.), § 8-1802; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-103 - Residence of officers

All officers shall reside in this state, and keep their offices at such places as are or may be designated by law.
Code 1858, § 750; Shan., § 1071; Code 1932, § 1814; T.C.A. (orig. ed.), § 8-1803.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-104 - Terms of office - Filling of vacancies

Except as provided in title 17, chapter 4, the term of each judicial and civil officer shall be computed from September 1 next succeeding election. No appointment or election to fill a vacancy shall be made for a period of time extending beyond the unexpired term. Every officer shall hold office until a successor is elected or appointed and qualified. No special election shall be held to fill a vacancy in the office of judge or district attorney general, but at the time fixed for the biennial election of civil officers; such vacancy shall be filled at the next biennial election occurring more than thirty (30) days after the vacancy occurs.
Acts 1870, ch. 23, § 7; Shan., § 1155; Code 1932, § 1916; T.C.A. (orig. ed.), § 8-1804.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-105 - Terms of appointive officers

In reckoning the time of the terms of appointees to all offices, the terms of which are limited to two (2) years and are filled exclusively by executive appointment, reference shall be had to the beginning of the term of the executive making the appointment. Regardless of the time of making such appointment, it shall not be held to extend beyond the expiration of the term of the executive making the same, but the term of such appointee shall expire with the term of the executive making the appointment. This section shall not be construed to prevent such appointee from holding such office until a successor is appointed and qualified. This section does not apply to executive appointments to fill vacancies in unexpired terms of elective offices, nor does it apply to offices purely appointive where the term of such office is more than two (2) years.
Acts 1919, ch. 47, § 1; Shan. Supp., § 296a1; Code 1932, § 187; T.C.A. (orig. ed.), § 8-1805.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-106 - Officers commissioned

The following officers are commissioned, namely: senators and representatives in congress, judges of the several courts, the district attorney general of each district, judges of courts of general sessions and notaries public, and the executive officers of the state, except the governor.
Code 1858, §§ 751, 1793; impl. am. Acts 1870, ch. 24, § 7; Shan., § 1072; Code 1932, § 1815; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1606.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-107 - Administration of oaths of office

(a)
In all cases in which it is not otherwise provided by law, the oaths of office may be administered by any officer authorized to administer an oath. Such oaths shall be written out and subscribed by the person taking them, and shall be accompanied with the certificate of the officer administering the oaths, specifying the day and year when taken.
(b)
The governor or an active or retired supreme court justice may administer the oath to a supreme court justice. The governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to an inferior court judge. Except as otherwise provided by law, the governor, an active or retired supreme court justice, an active or retired inferior court judge, or an active or retired general sessions judge may administer the oath to any elected or appointed official.
(c)
The oath may be administered at any time after an appointment, in the case of appointed officials, or in the case of elected officials after the election, but before the judge or public official assumes office, so long as the results of the election establishing that the person taking the oath won the election are certified by the appropriate legal authority. Even though an official may file an oath before the scheduled start of a term of office, the official may not take office until the term officially begins.
Amended by 2015 Tenn. Acts, ch. 38, s 2, eff. 7/1/2015.
Code 1858, § 753; Shan., § 1074; Code 1932, § 1816; Acts 1973, ch. 66, § 1; T.C.A. (orig. ed.), §8-1807; Acts 2003 , ch. 5, §§ 1, 2; 2009 , ch. 172, § 1.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-108 - Filing of oaths of state and judicial officers

Such oaths shall, when taken by the governor, a judge of the supreme court, a judge of the circuit court, a chancellor, the secretary of state, the comptroller of the treasury, the state treasurer, a district attorney general, or any other officer whose duties are not limited to one (1) county, unless it is otherwise provided, be filed, with the certificate required by §
8-18-107
, in the office of the secretary of state.
Code 1858, § 754; Shan., § 1075; Code 1932, § 1817; T.C.A. (orig. ed.), § 8-1808.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-109 - Filing of oaths of county officers - Administration of oaths

(a)
Judges of courts of general sessions, sheriffs, constables, and other officers whose general duties are confined to a single county, as well as retired supreme court justices and retired inferior court or general sessions judges, shall, unless it is otherwise provided, file such oaths and certificate in the office of the county clerk.
(b)
Notwithstanding any law to the contrary, the county mayor, the county clerk, judges of courts of general sessions, judicial commissioners or magistrates as authorized by a judge of the court or the county mayor, or a judge of any court of record in the county may administer the oath of office for any elected or appointed official. The oath may be administered at any time after an appointment, in the case of appointed officials, or in the case of elected officials after the election, but before the judge or public official assumes office, so long as the results of the election establishing that the person taking the oath won the election are certified by the appropriate legal authority. Even though an official may file an oath before the scheduled start of a term of office, the official may not take office until the term officially begins.
Amended by 2019 Tenn. Acts, ch. 39, s 1, eff. 3/22/2019.
Amended by 2016 Tenn. Acts, ch. 624, s 3, eff. 3/22/2016.
Amended by 2015 Tenn. Acts, ch. 38, Secs.s 3, s 4eff. 7/1/2015.
Code 1858, § 755; Shan., § 1076; Code 1932, §1818; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §8-1809; Acts 1997 , ch. 125, § 1; 2003 , ch. 5, § 3; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-110 - Endorsement of time of filing

The officer in whose office these oaths are required to be filed shall endorse thereon the day and year in which they were filed and sign the endorsement.
Code 1858, § 757; Shan., § 1078; Code 1932, § 1819; T.C.A. (orig. ed.), § 8-1810.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-111 - Form of oath of office

The official oath, unless otherwise expressly prescribed by law, shall be in the following form: "I do solemnly swear that I will perform with fidelity the duties of the office to which I have been appointed (or elected, as the case may be), and which I am about to assume."
Code 1858, § 760; Shan., § 1081; Code 1932, § 1822; T.C.A. (orig. ed.), § 8-1811.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-112 - Deputies' oaths

Whenever any officer is authorized or required to appoint a deputy, such deputy, before proceeding to act, shall take the constitutional oaths and oath of office, which shall be accompanied by the same certificate, filed in the same office, and with the same endorsement, as the oaths of such deputy's principal. This section do not apply to deputies who may be employed in particular cases only.
Code 1858, § 758; Shan., § 1079; Code 1932, § 1820; T.C.A. (orig. ed.), § 8-1812.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-113 - Acting without oath

Any officer or deputy required by law to take and file such oaths, who enters upon the duties of the office without first taking and filing the same as prescribed, commits a Class C misdemeanor.
Code 1858, § 759; Shan., § 1080; Code 1932, § 1821; T.C.A. (orig. ed.), § 8-1813; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 18 - ELIGIBILITY, COMMISSIONS, AND OATHS (§§ 8-18-101 — 8-18-114) › Section 8-18-114 - Application of oath provisions to future offices

Sections §§
8-18-107
- 8-18-113 apply to the oaths of office of all public officers of this state whose office may be established hereafter, unless the contrary be expressly provided.
Code 1858, § 775; Shan., § 1096; Code 1932, § 1838; T.C.A. (orig. ed.), § 8-1814.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-103 - Recording of bonds of county officers

The official bonds of all county officers covered by §
8-19-101
shall be recorded in the office of the register of deeds in the county in which the officers are elected or appointed.
Acts 1941, ch. 138, § 3; C. Supp. 1950, § 1839.3; T.C.A. (orig. ed.), § 8-1903.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-104 - [Repealed]

Repealed by 2023 Tenn. Acts, ch. 207,s 21, eff. 7/1/2023.
Acts 1941, ch. 138, § 4; C. Supp. 1950, § 1839.4; T.C.A. (orig. ed.), § 8-1904.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-105 - Loss of original of recorded bond

When the original of any bond provided for or covered by §§
8-19-101
- 8-19-107 shall be lost or destroyed, the record of the bond provided for shall be deemed the original and suit may be instituted on the recorded bond.
Acts 1941, ch. 138, § 5; C. Supp. 1950, § 1839.5; T.C.A. (orig. ed.), § 8-1905.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-106 - Premiums and registration fees

The respective counties shall pay the premiums for such bonds and the registration fees.
Acts 1941, ch. 138, § 6; C. Supp. 1950, § 1839.6; T.C.A. (orig. ed.), § 8-1906.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-107 - Provisions supplemental

Sections
8-19-101
- 8-19-106 are cumulative and supplemental to all existing laws.
Acts 1941, ch. 138, § 7; C. Supp. 1950, § 1839.7; T.C.A. (orig. ed.), § 8-1907.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-108 - County official prohibited as sureties for other county officials

No county official shall sign as surety an official bond for any other county official; provided, that when any person has signed as surety any bond of any county official, and is thereafter elected to or appointed to fill any public office, such official shall not be deemed to have violated this section and such bond signed by such official prior to such election or appointment shall continue to be good and valid for the duration of the term of office for which the principal of such bond was elected.
Acts 1945, ch. 154, § 1; C. Supp. 1950, § 1839.8 (Williams, § 1839.9); T.C.A. (orig. ed.), § 8-1908.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-109 - Approval of county official as surety prohibited

It is unlawful for any person, whose duty it now is or may hereafter be to approve any official bond, to approve the bond of any county official that has been signed as surety by any other county official.
Acts 1945, ch. 154, § 2; C. Supp. 1950, § 1839.9 (Williams, § 1839.10); T.C.A. (orig. ed.), § 8-1909.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-110 - Penalty for violation

A violation of §§
8-19-108
and
8-19-109
is a Class C misdemeanor.
Acts 1945, ch. 154, § 3; C. Supp. 1950, § 1839.10 (Williams, § 1839.11); T.C.A. (orig. ed.), § 8-1910; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-111 - Terms of bond

(a)
The bonds of all public officers required by law to give bond shall, unless it is otherwise provided, be made payable to the state, with such sureties as the officer or court required to approve the same is satisfied are sufficient, and conditioned, in all cases in which a different condition is not prescribed, that the officer shall faithfully discharge the duties, or any part thereof, of such office during the time such officer continues therein.
(b)
In every case, provisions of this code to the contrary notwithstanding, the official bond of every county public official shall be conditioned as follows and not otherwise:
"That if the ______________
Principal shall:
1.
Faithfully perform the duties of the office of ______________
Office of ______________
County during such person's term of office or continuance therein; and
2.
Pay over to the persons authorized by law to receive them, all moneys, properties, or things of value that may come into such principal's hands during such principal's term of office or continuance therein without fraud or delay, and shall faithfully and safely keep all records required in such principal's official capacity, and at the expiration of the term, or in case of resignation or removal from office, shall turn over to the successor all records and property which have come into such principal's hands, then this obligation shall be null and void; otherwise to remain in full force and effect."
(c)
"Duties," as used in this section, includes any further and additional duties which may by law be made incumbent upon the particular office involved.
Code 1858, § 761 (deriv. Acts 1847-1848, ch. 167); Shan., § 1082; Code 1932, § 1823; Acts 1959, ch. 189, §§ 1, 2; T.C.A. (orig. ed.), § 8-1911.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-112 - Irregular bonds not to be approved

The bond of any public officer which is not in the penalty, payable or conditioned as prescribed by law, shall not be approved, and the officer approving thereof, under such circumstances, not only neglects such officer's duty, but subjects the officer and the officer's sureties to an action by any person injured, and a recovery to the extent of such injury.
Code 1858, § 763; Shan., § 1084; Code 1932, § 1825; T.C.A. (orig. ed.), § 8-1912.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-113 - Form of approval

The approval of all official bonds shall be in writing, endorsed on the bond, and shall show the day and year on which they were approved, and be signed by the approving officer, or authenticated as the act of the court, as the case may be.
Code 1858, § 762; Shan., § 1083; Code 1932, § 1824; T.C.A. (orig. ed.), § 8-1913.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-114 - Unapproved bond not to be filed

No officer with whom any official bond is required to be filed shall allow the same to be filed in such officer's office unless the approval of the proper officer or court appear thereon, endorsed according to §§
8-19-111
- 8-19-115.
Code 1858, § 767; Shan., § 1088; Code 1932, § 1829; T.C.A. (orig. ed.), § 8-1914.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-115 - Time of filing

Official bonds, including blanket bonds, and each rider or attachment thereto, required by law to be filed in the office of the county clerk or secretary of state, must be filed within thirty (30) days after the election or appointment of the person named in the bond, rider, or attachment.
Amended by 2023 Tenn. Acts, ch. 207,s 22, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, s 3, eff. 4/29/2013.
Code 1858, §§ 764, 765; Shan., §§ 1085, 1086; Code 1932, §§ 1826, 1827; Acts 1978, ch. 620, § 2; T.C.A. (orig. ed.), § 8-1915.
2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 19 - BONDS OF OFFICERS (§§ 8-19-101 — 8-19-504) › Part 1 - FORM AND FILING OF BONDS (§§ 8-19-101 — 8-19-122) › Section 8-19-116 - Endorsement of time of filing

Every officer in whose office the official bond of any public officer is filed shall endorse thereon the day and year on which it was filed, and sign such officer's name to the endorsement, and, on failure so to do, commits a Class C misdemeanor.
Code 1858, § 770; Shan., § 1091; Code 1932, § 1832; T.C.A. (orig. ed.), § 8-1916; Acts 1989, ch. 591, § 113.