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PDF versionSECTION 1. That Chapter 86 of the Acts of the General Assembly of the State of Tennessee for the year 1870 entitled "AN ACT to establish the Probate Court of Shelby County," and all Acts amendatory thereof, be and are hereby amended as hereinafter set forth:
SECTION 2. That there is hereby created and established on, from and after September 1, 1966, another Division of the Probate Court of Shelby County, Tennessee. The present Probate Court of Shelby County shall be known and designated as Division One of the Probate Court of Shelby County, and the Judge of said Court shall be known and designated as the Judge of Division One. The said additional Division of said Court herein created shall be known and designated as Division Two of the Probate Court of Shelby County, Tennessee.
SECTION 3. That the said Division Two of the Probate Court of Shelby County shall have the same terms, and the same jurisdiction and powers as are now vested in and exercised by the present Probate Court of Shelby County; and the procedure, rules of practice, and laws governing the said Division Two of the said Court herein created shall be the same as those of the present Probate Court of Shelby County, except as may be hereafter legally changed. The said Divisions of the Probate Court of Shelby County shall regulate their own sessions, and sit upon their own adjournments.
SECTION 4. That at the next regular election of County Officers in the State to be held in August, 1966, a person qualified under the law shall be elected Judge of said Division Two of the Probate Court of Shelby County for a term of eight years beginning September 1, 1966, and until his successor qualifies; and from that election forward a person qualified under law shall be elected for the same term of office as the Judge of the present Probate Court of Shelby County is elected.
SECTION 5. That the Clerk of the present Probate Court of Shelby County shall also be the Clerk of Division Two of said Court herein created; and all laws governing the powers and duties of said Clerk applicable to the present Probate Court of Shelby County shall also attach and be applicable to Division Two of the Probate Court of Shelby County.
The Clerk, in person or by deputy, shall attend each Division of said Court when in session.
SECTION 6. That the minutes of the said Divisions of the Probate Court of Shelby County shall be kept in separate books and the minutes of each Division shall be signed by the Judge sitting regularly therein, except in cases of interchange duly made.
SECTION 7. That the Sheriff of Shelby County, in person or by deputy, shall attend each of the said Divisions of the Probate Court when in session.
SECTION 8. That the County Court of Shelby County shall furnish all necessary and proper furniture, books, and other supplies for each Division of the Probate Court of Shelby County; and shall also furnish separate and suitable court rooms and offices for said Divisions and said Judges.
SECTION 9. That the Judges of said Divisions of the Probate Court of Shelby County may interchange with each other when they mutually deem interchange necessary, appropriate, or convenient; and in case of death, resignation, inability to hold court, or absence from the jurisdiction of either of said Judges, the other may preside over both Divisions of said Court until a special or regular Judge is appointed or elected and qualified to serve in the place of the former.
SECTION 10. That as soon as practicable after September 1, 1966, the Judges of said two Divisions of the Probate Court of Shelby County shall apportion between the said Divisions the cases then pending in the Probate Court of Shelby County in such manner as they deem proper to expedite hearings and the disposition of said cases; and the said Judges may mutually make such Orders, Rules, and Regulations as they deem proper for the divisions and assignment to the said two Divisions of the matters and causes thereafter filed in the said Probate Court; and said Judges from time to time by mutual agreement may transfer from one Division to the other such hearings, matters and causes as they deem proper.
SECTION 11. That the salary of the Judge of said Division Two of the Probate Court of Shelby County herein created and the salary of the Judge of the present Probate Court of Shelby County shall be the same as that of the Chancellors and the Circuit Judges of Shelby County. The said salaries of the said Judges shall be paid by the County of Shelby; and it is hereby made the duty of the County Court of Shelby County to make the necessary appropriations therefor.
SECTION 12. That this Act shall have no effect unless the same shall have been approved by a two-thirds vote of the Quarterly County Court of Shelby County within sixty (60) days after the sine die adjournment of the General Assembly of the State of Tennessee for the year 1965. Its approval or non-approval shall be proclaimed by the presiding officer of the body having jurisdiction to approve, or disapprove, and shall be certified by him to the Secretary of State.
SECTION 13. That this Act take effect from and after its passage, the public welfare requiring it.
Passed: February 26, 1965.