Private Acts of 1941 Chapter 123
SECTION 1. That there is hereby created and established a court in and for Shelby County, Tennessee, which shall be divided into four (4) divisions; one of which shall be designated Court of General Sessions, Division I, of Shelby County, Tennessee; another, Court of General Sessions, Division II, of Shelby County, Tennessee; another, Court of General Sessions, Division III, of Shelby County, Tennessee; and the other, Court of General Sessions, Division IV, of Shelby County, Tennessee. Said Court shall be opened and commence its sessions on September 1, 1942. The Court shall be held in Memphis, and Shelby County shall provide adequate facilities, and the Clerk shall provide dockets, furnishings and necessary supplies for the equipment and maintenance of said Court and pay for same out of the fees of his office.
As amended by: | Private Acts of 1945, Chapter 423 |
Private Acts of 1955, Chapter 168 |
COMPILER'S NOTE: Private Acts of 1965, Chapter 145, which created Division V of the general sessions court of Shelby County, and Private Acts of 1967-68, Chapter 438, which created Division VI of that court are found in their entirety in this volume, immediately following this act
SECTION 2. That the jurisdiction, powers and authority of said Court shall be coextensive with Shelby County and shall be the same as provided by law for Justices of the Peace in civil and criminal actions; and the Justices of the Peace of Shelby County are hereby as of September 1, 1942, divested of all such jurisdiction, powers and authority. The authority of said Justices of the Peace in their capacity as members of the Quarterly Court or in the performance of the rites of matrimony is in no wise affected by this Act.
The court shall have the jurisdiction to punish for contempt of the said court by a fine not to exceed twenty-five dollars ($25) or by imprisonment not to exceed five (5) days for any one (1) separate and distinct offense of contempt by any one (1) offender, or by both such fine and imprisonment.
As amended by: | Private Acts of 1976, Chapter 283 |
SECTION 3. That before the issuance of any original process in a civil case, the plaintiff shall execute a cost bond with security deemed by the Clerk to be good, in the sum of Twentyfive Dollars ($25.00), or in lieu thereof, make a cash deposit with the Clerk of not less than Two Dollars Fifty Cents ($2.50), or more than Twenty-five Dollars ($25.00), to secure the costs, or take the oath prescribed for poor persons, and, on motion, the Court may increase or decrease the security; and provided further that the Court may establish a scale of deposits in the various forms of actions.
SECTION 4. That the laws now regulating pleading and practice, stay of appeals from judgments, attachments and all other writs and processes in civil cases in the courts of Justices of the Peace, shall apply to and govern said Court; and all of the statutes regulating the conduct of Justices of the Peace in civil and criminal cases shall apply to the judges of said Court, provided, however, that all cases shall be set in said Court of General Sessions for an hour certain, and the practice heretofore prevailing of allowing one hour for the parties to appear in Courts of Justices of the Peace shall not apply in said Court of General Sessions.
As amended by: | Private Acts of 1943, Chapter 25 |
SECTION 5. That the judges of said Court shall adopt such rules as may be necessary to expedite the trial and disposal of cases.
SECTION 6. That in all matters the costs and fees of said Court of General Sessions shall be the same as those provided by law for Justices of the Peace. The fees and other compensation of the sheriff, and all other officers, for the execution of writs and processes of said Court and fees for attendance and mileage of witnesses shall be the same in said Court as those provided by law for the courts of Justices of the Peace.
The fees and compensation due for services rendered by the Court shall be the same as for Justices of the Peace, and shall be paid to the Clerk, who shall collect all costs, fees and mileage of witnesses, the fees, commissions and emoluments of the sheriff and all other officers, for services to said Court, and the fines and forfeitures assessed, and said Clerk shall handle, account for, and disburse all sums coming into his hands in the manner provided by law for Civil and Criminal Court Clerks.
SECTION 7. That there shall be one civil docket and one criminal docket for the court in which all cases shall be entered immediately upon the issuance of the warrant or process. Upon said dockets shall be entered the style and number of each case, the date of the issuance of the warrant or process, the name of the officer to whom delivered, the return of the process in brief form, the action of the court, both interlocutory and final, orders, judgments, executions, garnishments, lists of fees of court, of the sheriff and all other officers for their respective services, fees of witnesses for attendance, credits for payments upon judgments and upon costs, and the Division of the Court in which, and the Judge by whom, the case was disposed of. There shall be a direct and cross-index of each case in the civil docket and a direct index giving the name of the defendant on the criminal docket, so as to provide ready access to the record of each case.
On the criminal docket there shall be kept a column wherein the criminal warrant is charged to the officer taking out the warrant, and the officer who receives the warrant shall give a receipt for same. No warrant, criminal or civil, shall be taken from the office of said court until its issuance has been properly entered on the proper docket.
SECTION 8. That there shall be one (1) judge for each division of said Court with the same qualifications as provided by the constitution of the State of Tennessee for inferior courts; such judges shall take the same oath as that prescribed for Circuit Judges and Chancellors, and be elected and hold office as hereinafter provided.
SECTION 9. That the compensation of each of said judges shall be Twenty-Three Thousand Five Hundred Dollars ($23,500.00) per annum, payable in equal monthly or semimonthly installments. It shall be paid out of the ordinary funds of the County and shall not be increased or diminished during the term for which said Judges are elected. Said Judges shall devote their entire time to the duties of their office.
As amended by: | Private Acts of 1949, Chapter 235 |
Private Acts of 1953, Chapter 308 | |
Private Acts of 1957, Chapter 300 | |
Private Acts of 1965, Chapter 199 | |
Private Acts of 1972, Chapter 213 |
SECTION 10. That the judges of the Court of General Sessions shall be elected at the General Election on the first Thursday of August, 1942, for a term of eight (8) years from the first day of September, 1942, and a subsequent General Elections every eight (8) years thereafter. They shall hold office for the term for which they are elected or until their successors are elected and qualified.
Provided, that if the business of the Court shall warrant, or the necessity arise, one or more divisions of the Court may be abolished or one or more divisions added at any regular or special session of the General Assembly of the State of Tennessee.
Any person who shall become a candidate for election as a judge of said Court of General Sessions at the General Election in August, 1942, or thereafter, shall designate to the Board of Election Commissioners of Shelby County the Division of the Court to which he seeks to be elected, and the candidate who shall receive the highest number of votes cast for Judge of that Division of the Court shall be declared the judge thereof.
SECTION 11. That if the judge of a division of said court fails to attend, cannot preside in a pending cause, or for any reason fails to hold court, and if the judge of any other division cannot sit by interchange, then a majority of the attorneys present in such court may elect one of their number, who has the qualifications of such a judge, and when elected shall have the same authority as a regular judge to hold the court for the occasion. Elections shall be held in accordance with the law governing the elections of other judges. The clerk of said court shall preside at said elections of such special judges. Such special judges shall not be entitled to compensation for their services.
SECTION 12. That the judges of the four divisions of said court may interchange with each other, and may by rule provide for the transfer of cases from one division to another. The Governor shall have the same power to appoint some qualified person to fill vacancies among the judges of the General Sessions Court as he has for other judges.
SECTION 13. The office of Clerk of the Court of General Sessions of Shelby County is hereby created. The salary of said clerk shall be the same as that of the Clerk of the Circuit Court of Shelby County, payable in equal monthly installments. Vance Griffin, a citizen of Shelby County is hereby designated and appointed as Clerk of said Court of General Sessions, to serve from and after the first day of the month following the enactment hereof, at and after which time the Clerk of the Circuit Court of Shelby County shall no longer act as Clerk of the said Court of General Sessions.
The said Vance Griffin shall serve as such Clerk until the next general election held pursuant to law and until his successor is duly elected and qualified. At such election a Clerk of said Court of General Sessions shall be elected to serve until the general election to be held on the first Thursday in August, 1960, at which time and every four years thereafter a Clerk of said Court of General Sessions shall be elected for a term of 4 years. Such Deputy Clerks and assistants to the Clerk as may be necessary for the proper operation and administration of the duties of said office of Clerk of the Court of General Sessions shall be appointed and their compensation fixed in the same manner as is now provided by law for the appointment and the fixing of compensation of Deputy Circuit Court Clerks upon petition by the Clerk to a Judge of the Circuit Court.
The Clerk of said court and his Deputies assigned thereto shall have concurrent authority with the Judges to issue warrants and other process and writ except those which are required by law to be issued only upon the fiat of a judicial officer.
Whenever any person is charged with the violation of any of the laws of the State of Tennessee, he may in lieu of an appearance bond, deposit such sum, prescribed by the Judges or Court, with the Clerk of the Court of General Sessions of Shelby County, or, in his absence with the Sheriff of Shelby County, or any Deputy Sheriff on watch, and on the appearance of such person before the Judge of the Court of General Sessions handling the criminal docket at the time prescribed by law, such deposit shall be returned to him, on the failure of such person to appear at the time specified, the amount so deposited shall be forfeited, either to the State of Tennessee, or to the County of Shelby, as the case may be, and he shall not be entitled to the return of any part thereof, and no scire facias or other process, need be issued to make such forfeiture final; provided, however, that within two days of the declaration of the forfeiture the Judge of the Court of General Sessions handling such criminal docket shall have power to set such forfeiture aside, when it shall be made to appear, that the failure of the accused to appear, and defend his suit, was due to no fault, or negligence, of the accused. After the expiration of two days; the declaration of forfeiture shall be final, as hereinbefore provided for.
As amended by: | Private Acts of 1957, Chapter 113 |
Private Acts of 1957, Chapter 299 | |
Private Acts of 1965, Chapter 195 | |
Private Acts of 1967-68, Chapter 101 |
SECTION 14. That the Sheriff of Shelby County shall provide necessary deputies to handle the business of the General Sessions Court, who shall receive such compensation as now provided by law.
The Sheriff of said County, or any Deputy Sheriff or Constable thereof, shall serve legal processes, writs and papers issued by said Court with the same authority as provided by law in the other inferior courts.
SECTION 15. That this Act shall in no wise impair the right, title of interest of any Justice of the Peace of Shelby County to any unpaid fees, or funds in which he had a right or interest in any proceedings, judgment or suit on August 31, 1942.
SECTION 16. That on September 1, 1942, the official dockets and records and papers in cases that are disposed of or that are undisposed of and pending, belonging to Justices of the Peace or former Justices of the Peace of said County, shall be delivered to the General Sessions Court as the successor of the said Justices of the Peace. Papers in cases that are undisposed of and pending in the offices of the Justices of the Peace shall be distributed among the divisions of the Court.
SECTION 17. That said Court shall have authority to hear and determine all cases pending in the courts of Justices of the Peace of Shelby County as if such cases had originated in said Court of General Sessions, and shall have power to issue executions and other final process on judgments rendered by Justices of the Peace.
SECTION 18. The Clerk of the Court of General Sessions shall collect, deposit and account for all fees accruing from the operation of said Court. The said Clerk shall make an official bond in accordance with the law now or hereafter applicable to the bond of the Circuit Court Clerk, which law is hereby made applicable to the Clerk of the Court of General Sessions. The said Clerk shall take the same oath as is required by law to be taken by the Circuit Court Clerk.
From the fees received by said Clerk he shall first pay the salaries of his deputies and assistants and the costs of the necessary dockets, printing, stationery and general expenses of his office, and shall pay the balance of fees so collected over to the County Trustee for the account of the Chairman of the County Court, out of which said Chairman shall pay the salaries of the Judges of the Court of General Sessions if there be sufficient funds. Said Clerk shall account for all money coming into his hands as is required of Clerks of Courts under the provisions of Section 8-2204 of the Tennessee Code Annotated, and if any funds remain out of said fees after payment of the Judges as required in this section, the same shall become general County revenue.
As amended by: | Private Acts of 1943, Chapter 25 |
Private Acts of 1957, Chapter 113 |
SECTION 19. That the Legislature expressly declares that each section of this Act is severable, and should any portion of this Act be held unconstitutional or invalid, the same shall not affect the remainder of this Act, but such unconstitutional or invalid portions shall be elided, and the Legislature declares that it would have enacted this Act with such unconstitutional or invalid portions elided therefrom.
SECTION 20. That this Act shall take effect from and after its passage, the public welfare requiring it.
Passed: January 29, 1941.