Acts of 1905 Chapter 102

COMPILER'S NOTE: This act has been amended four times, increasing the divisions of the circuit court. Those amendatory acts are found in their entirety immediately following this act. The amendatory acts are included in this volume though they are "Public" rather than "Private" acts because they are of special effect and are not included in Tennessee Code Annotated.

SECTION 1. That the Circuit Court of Shelby County be, and is hereby, divided into four parts, to be known and designated as Divisions One, Two, Three, and Four of said Court. The terms of said Court in said four divisions shall be held, beginning on the third Mondays in January, March, May, September, and November of each year, as now required by law, and said Court shall have such civil jurisdiction and powers as are now exercised by Circuit Courts in this State. The procedure, rules of practice, and the laws governing said Court shall be the same as are now in force, except as they are changed by this Act, or as the rules of practice may hereafter be changed by said Court; and each division of said Court shall be considered open for orders at all times. When it has not finally adjourned for the term, each division of said Court shall regulate its own sessions and sit upon its own adjournments.

SECTION 2. That the present Judge of the Circuit Court of Shelby County, and his successors in office, shall sit and hold Court regularly in Division One; and the offices of three additional Circuit Judges of Shelby County are hereby created, which shall be filled by the appointees hereafter to be named until the election of Judges to fill said offices, as hereinafter provided, and said three Circuit Judges, to be so appointed or elected, and their successors in office, shall sit and hold Court regularly in Divisions Two, Three, and Four thereof.

SECTION 3. That the Governor, as soon after the passage of this Act as practicable, shall appoint persons qualified, under the law, to fill the offices hereby created of Circuit Judges in Divisions Two, Three, and Four of said Court, and shall designate which of said three persons shall hold Division Two and Division Three and Division Four thereof, all of whom shall hold office until their successors are elected and qualified. An election shall be held in said county, as required by law, on the first Thursday in August, 1906, for said three Judges, who shall hold said offices respectively as in the case of a vacancy, and shall hold office until the next regular election of judicial officers in the State, and until their successors are elected and qualified.

SECTION 4. That the three Judges herein provided for shall have the same qualifications and exercise the same powers and civil jurisdiction and receive the same compensation as other Circuit Judges in the State.

SECTION 5. [Deleted by Private Acts of 1927, Chapter 131].

SECTION 6. That the minutes of Divisions One, Two, Three, and Four of said Court shall be kept in separate books, the same to be numbered in regular sequence, as heretofore. The minutes of each division shall be signed by the Judge presiding therein, except in the case of interchange regularly made.

SECTION 7. That if at any time either of said Divisions One, Two, Three, or Four shall dispose of the cases assigned to such division, and either of the other divisions shall then have cases on its own docket undisposed of, then the Judge of the division so having cases or other business undisposed of shall assign to one of the other divisions of said Court a portion of the docket so undisposed of in his division, all of which business and cases when so assigned shall be tried and disposed of by the division to which they are assigned or transferred.

SECTION 8. That all cases now pending in the Second Circuit Court of Shelby County shall be assigned and transferred to Division Four of the Circuit Court, to be tried and determined, as herein provided. Hereafter all appeals to the Circuit Court of Shelby County and all cases taken to that Court by certiorari or other appellate proceedings shall be kept upon a separate docket. All cases brought in the Circuit Court and assigned to Divisions One, Two, Three, and Four shall be kept upon one docket.

SECTION 9. That the County Court of Shelby County shall furnish all books and necessary supplies for said Court, and shall also furnish for the sittings of said Courts separate rooms, but as near together as may be convenient, and the Sheriff of said county shall in person or by deputy attend upon each division of said Court when in session.

SECTION 10. That this Act shall not affect the office, powers, duties, or compensation of the present Clerk of the Circuit Court and his successors in office, who shall hold said office, with all the powers, duties, and responsibilities now attached thereto, during the term for which he was elected and until his successors shall be elected and qualified. Said Clerk shall, either in person or by deputy, attend upon each division of said Court when in session.

SECTION 11. That all laws and parts of laws in conflict with the provisions of this Act be, and they are hereby, repealed.

SECTION 12. That this Act take effect from and after its passage, the public welfare requiring it.

Passed: March 27, 1905.