Private Acts of 1911 Chapter 413

COMPILERS NOTE: On August 21, 1984, the three Circuit Judges and Chancellor then serving Polk County entered an order stating that the Ducktown Law Court had been abolished by The Judicial Redistricting Act of 1984 (Public Acts of 1984, Chapter 931).

The Tennessee Court of Criminal Appeals disagreed. In State v. Harris, 1990 WL 102889 (Tenn.Crim.App. 1990), the issue of whether the Law Court of Ducktown exists was addressed. The Court noted, “As clearly set forth in the Tennessee Constitution in Article 6, Section 1, only the legislature can ordain and establish courts. Likewise, only the legislature can abolish a court. The abolition of a court cannot be accomplished by this Court or even the Supreme Court. Obviously, the judges of a court cannot abolish the court which they serve.” The Court held that “the Law Court of Ducktown exists today, just as it did in 1911”. See also State v. Ray, 2009 WL 1905448, (Tenn.Crim.App. 2009). See also Tenn. Op. Atty. Gen. No. 84-266 (September 21, 1984) (“It is the opinion of this Office that Chapter 931 of the Public Acts of 1984 did not abolish the Law Court of Ducktown.”).

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be held at Ducktown a common law court for the Seventh, Eighth, and Tenth Civil Districts of Polk County, to be held in the courthouse now owned by Polk County at Ducktown, to be called the Law Court of Ducktown, and to constitute one of the courts of the Fourth Judicial Circuit, and to be held by the Judge thereof, with common law jurisdiction, original and appellate, over all cases arising at law within said civil districts of a civil, commercial, or criminal nature, and that the Attorney General of said Fourth Circuit shall attend said court and transact the business appertaining to his office thereat.

SEC. 2. Be it further enacted, That the Law Court of Ducktown shall have exclusive general common law jurisdiction, original and appellate, in all cases at law of a civil character wherein the defendant is a resident, or if a corporation has its principal office or agency or any local agency in said districts named in the first section of this Act, and in all cases of a criminal character arising within the civil districts named in the first section of this Act, and that no residents of said districts shall be sued in the Circuit Court of Polk County, Tennessee, in any civil action, nor shall any resident of said districts be presented or indicted in the Circuit Court of Polk County, Tennessee, unless the offense was committed in the county outside of the districts named in the first Section of this Act. In all cases where the court hereby established has jurisdiction of the cause of action, counterparts of writs may issue from said court for joint defendants residing out of said districts.

SEC. 3. Be it further enacted, That the Law Court of Ducktown shall have all the powers within its local jurisdiction that belong by law to the Circuit Court of this State.

SEC. 4. Be it further enacted, That the County Court of Polk County shall from time to time designate and cause to be summoned by the Sheriff or his Deputy a sufficient number of the resident citizens of Polk County to serve as jurors in said court; provided, that the jurors for the first term of said court to be holden on the fourth Monday in July next shall be designated by said County Court at its July term, 1911.

SEC. 5. Be it further enacted, That the Judge of said court shall, at each term thereof, order the empaneling of a grand jury under the same rules and regulations as now provided by law for the empaneling of grand juries in the Circuit Court of Polk County, which grand jury when so empaneled shall have the same powers within the limits of said disricts, and be governed by the same laws as are other grand juries.

SEC. 6. Be it further enacted, That the Clerk of the Circuit Court at Benton shall, upon application of either party, in person or by attorney, transfer any cause now pending in the Circuit Court of Polk County to the Law Court of Ducktown, when the case to be so transferred is one written within the perview of this Act.

SEC. 7. Be it further enacted, That the Sheriff of Polk County shall appoint one of the citizens of said county a Deputy, who shall qualify as other Deputies and reside within the jurisdiction of the Law Court of Ducktown. The Sheriff of Polk County shall have and receive six (6) cents per mile for conveying each prisoner from Benton to Ducktown and from Ducktown to Benton, when so conveyed, and one dollar per day as guard, the same to be taxed in and become part of the costs in each case.

SEC. 8. Be it further enacted, That the Clerk of the Circuit Court of Polk County shall be the Clerk of said court and shall keep an office, by himself or by a Deputy, at Ducktown, which shall be constantly open for the transaction of business.

SEC. 9. Be it further enacted, That the expense of holding the Law Court of Ducktown with the maintenance of the courthouse now owned by Polk County at Ducktown shall be paid out of the treasury of Polk County, under the same rules and restrictions as provided by law for the payment of the expenses of the Circuit Court thereof.

SEC. 10.

COMPILER’S NOTE: In the original Act, Section 10 set forth the time for holding court. It was amended numerous times, changing the time for holding court.

Private Acts of 1925, Chapter 218, provided that the law court in Ducktown was to meet on the first Monday in March, July and November.

Private Acts of 1925, Chapter 553, changed the time for holding court in Ducktown to the first Mondays in January, May and September.

Public Acts of 1931 (2nd Ex. Sess.), Chapter 38, created judicial circuits, placing the Ducktown Law Court in the Fourth Judicial Circuit, again changing the time for holding court.

Public Acts of 1965, Chapter 188, created the Twenty-fourth Judicial Circuit consisting of the counties of Bradley, McMinn, Monroe, and Polk.

The Judicial Redistricting Act of 1984 (Public Acts of 1984, Chapter 931), was an Act to redistrict the state trial court system. Pursuant to Section 6, (10)(a), Polk County became part of the Tenth Judicial District. No mention was made of the Ducktown Law Court.

Section 10 of the Act provided that court “shall be held within each judicial district at such times and on such dates as the judges thereof shall fix by rule.”

Pursuant to Section 25, upon the effective date of the Act, all references in Tennessee Code Annotated to “judicial circuits” are to be deemed references to the judicial districts created by the Act.

SEC. 11. Be it further enacted, That this Act take effect from and after July 1, 1911, the public welfare requiring it.

Passed April 12, 1911.