4868-4955 JUSTICES OF THE PEACE-QUARTERLY COURTS. 4868. Returns to be made in ink, etc. See §§ 3533-3535. 4888-4953. Justices of the peace may be removed for insanity or mental imbecility (1887, ch. 142): SECTION 1. That when any justice of the peace for this state shall have become permanently insane, or of such mental imbecility as not to be competent to perform the duties of the office, it shall be lawful for the county court to order an inquest of lunacy to inquire into the condition of the mind of said justice, and, in the event said jury shall, by their verdict, find such justice permanently insane, or of such mental imbecility as not to be competent to perform the duties of the office, then, and in that event, the county court shall declare said office vacant, and same shall be filled by election as in other cases of vacancy. SEC. 2. That the jury of inquest provided for in the foregoing section shall be held as in other cases of lunacy, and that the county pay the cost of the same. 4955. Amended as to time of holding quarterly court in Fayette county (1889, ch. 190): SECTION 1. That hereafter the time for holding the quarterly courts of Fayette county, Tennessee, be, and the same hereby is, changed from the first Monday in January, April, July, and October in each year, to the first Tuesday in January, April, July, and October of each year. SEC. 2. That all laws and parts of laws in conflict with or inconsistent to the provisions of this act be, and the same are hereby, repealed. Same as to Pickett county (1889, ch. 227. See 4978): SECTION 1. That the time of holding the quarterly court of Pickett county be, and the same is hereby, changed from the first Monday in January, April, July, and October of each year, to the second Monday in January, April, July, and October of each year. SEC. 2. That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Same. Quarterly courts may be convened in special session, when (1889, ch. 257): SECTION 1. That the chairmen and judges of the county courts of this state shall be empowered to convene the quarterly courts in special session when, in his opinion, the public necessities require it, or upon the application to him, in writing, of any five justices, members of said court, so to do.' SEC. 2. That said call shall be made by publication in some newspaper published in the county, at least five days before the time of the convening of said court, said publication, or by personal notices sent by the clerks of the court, to specify the objects and purposes for which said special session is called; and no other business but that embraced in said call shall be transacted during the sitting of said special term. SEC. 3. That in the event no newspaper is published in the county, the notice shall be by personal service upon all the magistrates, such serv QUARTERLY COURTS-VENDOR'S LIEN-RAILROAD DEBT. 4956-4990 ice to contain the purpose for which the court is convened, and to be at least five days before the time for convening. 4956-9. Repealed, and all justices required to attend quarterly courts (1887, ch. 236): SECTION 1. That each and every justice of the peace, from each civil district and ward in this state, shall be required to attend each and every session of the quarterly county courts of this state, and allowed to vote and draw pay for attendance. SEC. 2. That three-fifths of the justices of each county shall constitute a quorum for the transaction of the business of the quarterly courts. SEC. 3. That each justice shall be allowed a per diem of one dollar and fifty cents. SEC. 4. That §§ 4956, 4957, 4958, and 4959, and all other acts, in so far as they conflict with this act, are hereby repealed. 4978. Monthly county court of Pickett county to be held on second Monday in each month (1891, ch. 196): So amended as to change the time of holding the monthly county courts of Pickett county to the second Monday, and such subsequent days as may be necessary in each month, instead of the first Monday, as is provided in said section. See 4955, Pickett county. 4980. Amended. Chancery jurisdiction conferred on county courts to enforce liens under fifty dollars (1887, ch. 141; 1889, ch. 30): SECTION 1. That jurisdiction is hereby conferred upon the county courts of the several counties in this state to enforce vendors' liens, and foreclose mortgages upon all sums under fifty dollars, and also to enforce all liens on all sums under fifty dollars in such cases as the chancery court alone would have jurisdiction if the amount was more than fifty dollars. 1889, ch. 30, sec. 1. SEC. 2. That the rules of practice and pleading now in use in the chancery court on sums above fifty dollars shall be adopted. 1887, ch. 141. SEC. 3. That said county courts shall have the same power to issue writs of possession to put the purchaser in possession that the chancery court now has, and shall be governed by the same rules. Under 4990. County courts may fund railroad debt, etc. (1891, ch. 90): ized. SECTION 1. That in order to enable any county in this state which has a bonded indebtedness matured, or about to mature, for payment on account of such county's subscription made to build or Refunding aid in building a railroad, to meet such indebtedness the bonds authorquarterly county court of such county may issue bonds, with coupons attached, at a rate of interest not exceeding six per cent. per annum, payable annually or semi-annually, as may be deemed best for the county by said court, these bonds to be in sums or denominations of $100, $500, or $1,000, to be due and payable not exceeding thirty years after the date of their issuance. They shall be signed by 5277-5280 the county judge or chairman of the county court, and countersigned by the clerk of said court, with the seal of the court attached. Limited to SEC. 2. That the whole amount of new bonds shall not exceed the amount of the old bonds outstanding on account of such indebtedness of the county at the date of the issuance of the new bonds, amount of bonds and the quarterly county court of the county is authorized outstanding. to have prepared a sufficient number of engraved or lithographed coupon bonds, with interest payable as provided in the first section of this act, to take up the old bonds. SEC. 3. That the quarterly county court of such county is empowered to provide by taxation, a fund to pay the annual or semi-annual interest, as the case may be, on said bonds, and also to provide a "sinking fund" to take up and discharge the new bonds. kept. SEC. 4. That none of these new bonds shall be sold at less than par, or they may be exchanged dollar for dollar for the old bonds outstandNot sold for less ing, and a record shall be kept and spread upon the minutes than par; rec- of the quarterly county court showing the number and deord of rates nomination of each bond, the name of the person to whom it was sold, or with whom it was exchanged for the old bond; and all moneys derived from a sale of the new bonds shall be applied or expended in retiring and taking up the old bonds, and for no other purpose. Also, each of the old bonds, as taken up, shall be canceled by the chairman of the county court, or the county judge in counties where there is such an office, and exhibited to the quarterly court at its next session and disposed of as the court may direct. SEC. 5. That in no case shall the amount of the principal of the outstanding debt be increased, nor shall the rate of interest be increased by the refunding provided for in this act upon such debt. 5277-80. Amended as to salaries, etc. (1893, ch. 6): Fees, etc., of officers paid over to treasurer. SECTION 1. That all fees, costs, emoluments, perquisites, and commissions now appendant, or that may hereafter accrue from any source whatever, to the office of secretary of state, the office of state certain state treasurer and commissioner of insurance, and the office of comptroller, be, and are hereby declared to be, the property of the state, and each of the above-named officers shall collect the said fees, costs, emoluments, perquisites, and commissions that now append or that may hereafter accrue to his respective office, and pay the same over at once to the treasurer, to be used as a part of the revenue of the state. R cord of fees, SEC. 2. That each of the state officers mentioned in the first section of this act shall keep a true and perfect record of all the said fees, costs, commissions, and emoluments by him collected, or that may be due the state according to the first section of this act, and, when paid to the treasurer, shall demand and receive proper vouchers therefor, to be kept as part of the record 'of his office. for. SEC. 3. See § 222. Secretary of SEC. 4. That the salary of the secretary of state shall be state, salary. three thousand dollars per annum, payable quarterly out of the treasury of the state, on the warrant of the comptroller. SEC. 5. That the salary of the treasurer, as state treasurer and as 274 commissioner of insurance, shall be three thousand five hundred dollars ($3,500) per annum, as compensation for services in Treasurer and said office or offices, and all ex officio duties; and the salary comptroller, of the comptroller shall be three thousand five hundred salary of. dollars ($3,500) per annum, as such, and for all ex officio duties, each payable quarterly out of the treasury, on the warrant of the comptroller. SEC. 6. That for and in consideration of the salary herein stipulated to be paid to any official named in this act, such official shall do and perform all official services, acts, and duties as are now, or Salary to cover may be, imposed upon him by the laws of this state, in- all duties. cluding all official acts, services, or duties, ex officio or otherwise, and the said salary stipulated herein shall be, and is hereby expressly declared, a full compensation and payment to him for the performance thereof. Such official services, acts, and duties, ex officio or otherwise, are hereby declared public duties pertaining to his office, and to be performed by him for and in behalf of the State of Tennessee, as its agent and officer; and all funds, fees, costs, emoluments, allowances, perquisites, and commissions pertaining to or arising from the performance of said official acts, services, and duties, shall be by him received, accepted, and accounted for as the agent and officer of the state, for and in behalf of the state, and as its property; and the performance of such official acts, services, and duties, ex officio or otherwise, shall be by him performed and rendered for and in behalf of the state, as the agent and officer thereof, in consideration of the allowance to him of the stipulated salary aforesaid. It is hereby expressly made a part of the duties of each of the aforesaid officers to demand, receive, and collect all fees, costs, emoluments, allowances, commissions, or perquisites that pertain to or are appendant to his office from whatever source, ex officio or otherwise, now accruing or hereafter to accrue, and pay the same over to the treasurer, as hereinbefore provided in section 1 of this act. SEC. 7. That any violation of any part of this act be, and is hereby, made a misdemeanor, and, upon conviction, the offender Penalty for vioshall be fined not less than one hundred nor more than five lating act. hundred dollars for each and every violation. SEC. 8. That all laws or parts of laws in conflict with this act be, and are hereby, repealed. 5285. Salary of supreme court judges (1885, ch. 143): That the salary of the judges of the supreme court hereafter elected or appointed shall be three thousand five hundred dollars each per annum, payable quarterly out of the treasury of the state, on the warrant of the comptroller. Special supreme judge's pay (see § 4694). 5286. Shall read as set out (1885, ch. 97): That each chancellor, circuit court judge (except county judges), and judges of special courts hereafter elected or appointed, shall be entitled to and receive a salary of two thousand five hundred dollars per annum. 1 5299-5316 MILEAGE-DIVISION OF FEES-COMMISSION-FEES. 5299. Justices of the peace allowed mileage (1889, ch. 246): That hereafter justices of the peace attending their quarterly courts shall be entitled to receive mileage at the rate of five cents a mile for each mile traveled in going to the court-house from their places of residence and returning, the same to be in addition to per diem, and to be paid out of county revenue; Provided, That mileage be allowed for attendance for not more than two days at any term of the quarterly court, and that no justice of the peace residing within five miles of the court-house shall be entitled to or receive mileage. 5301 subsection 62. Equitable division of fees between outgoing and incoming clerks and masters; amended as follows (1893, ch. 4): So amended as to provide that in all chancery cases, where outgoing clerks and masters have sold property under decree of court in this state, and have not collected the funds arising from the sale of said property, or the sale having been made, and the funds collected but not disbursed, and the duty shall devolve upon the incoming clerks and masters of collecting and disbursing the funds, or of disbursing the same, they having been collected by the outgoing clerks and masters, and not disbursed, it shall be the duty of the chancellor to make an equitable division of the commissions arising under said item 62 of said section between the outgoing and incoming clerks and masters. 5314. Repealed (1887, ch. 170). 5316. Amended. Securing officer's commission (1887, ch. 244): SECTION 1. That the plaintiff in all judgments shall be liable to any sheriff or constable for his commission on the amount so received, if he or she, or his or her agent or attorney, shall receive any or all of said judgment after an execution has been issued on said judgment and given into said officer's hands for collection. SEC. 2. That all laws and parts of laws in conflict with this act be, and the same are hereby, repealed. Same. Regulating fees of officers for conveying prisoners (1891, ch. 144): SECTION 1. That hereafter, all sheriffs or officers conveying prisoners arrested in this state on a magistrate's warrant, capias, or other leading process, from one county to another, or for conveying prisoners to supreme court, or for conveying prisoners from one county to another for safe-keeping, or for conveying prisoners to the asylum for the insane under criminal indictment, shall receive as compensation for their services, and they shall be entitled to no other compensation whatever for said services, eight cents per mile each way, going and returning, for the trip, regardless of the number of prisoners; for each guard actually and necessarily employed, not exceeding one for each prisoner, five cents per mile each way for their services, going and returning; for each prisoner, three cents per mile one way, or the distance actually traveled with the prisoner. SEC. 2. That § 4564 of the code of Tennessee of *1885, and chapter Should be 1858. |