Public Acts of 1955 Chapter 162

SECTION 1. That Chapter 102 of the Acts of 1905, being an Act entitled "An Act to reorganize the Circuit Court of Shelby County," be, and is, hereby amended, to create a fifth division of the Circuit Court of Shelby County. The said Fifth Division shall have the same terms of court, the same civil jurisdiction and powers as are now exercised by the other divisions of the Circuit Court of Shelby County. The procedure, rules of practice, and the laws governing said Fifth Division shall be the same as are now and hereafter in force for the other division of the Circuit Court of Shelby County. The said Fifth Division of said Court shall be considered open for orders at all times. When it has not finally adjourned for the Term, the said Fifth Division of said Court shall regulate its own sessions and sit upon its own adjournments.

SECTION 2. That the office of the Fifth additional Circuit Judge of Shelby County is hereby created, which shall be filled by the appointee hereafter to be named until the election of a Judge to fill said office, as hereinafter provided, and said Fifth Circuit Judge, to be so appointed or elected, and his successor in office, shall sit and hold Court regularly in Division Five thereof.

SECTION 3. That the Governor shall appoint on or before September 1, 1955 a person qualified under the law, to fill the office hereby created of Circuit Judge in Division Five of said Court who shall hold office until September 1, 1956, and until his successor is qualified. At the next regular election of county officers in the State to be held in August 1956, a person qualified under the law shall be elected to hold said Judgeship until September 1, 1958, and until his successor is qualified. Beginning with the regular election of county officers in the State to be held in August, 1958, and from that election forward, a person qualified under the law shall be elected for the same term of office as are the other Circuit Judges in the State of Tennessee.

SECTION 4. That the Judge of the Fifth Division of the Circuit Court of Shelby County 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. That the Judges presiding in Divisions 1, 2, 3, 4 and 5 of said Court shall formulate such rules and regulations as may be necessary to apportion the docket of said Circuit Court between the five divisions thereof, and the Clerk of the said Court will, under the rules so established, apportion and divide said docket between the five divisions, assigning to each division, for trial and disposition, a proper proportion of the docket.

SECTION 6. That the minutes of Division 5 of said Court shall be kept in the same manner as the minutes of Divisions 1, 2, 3, and 4 of said Court are or may hereafter be kept. The minutes of Division 5 of said Court shall be signed by the Judge presiding therein, except in the case of interchange regularly made.

SECTION 7. That if at any time Division 5 of said Court shall dispose of the cases assigned to the Fifth Division, and any of the other divisions shall then have cases on its docket undisposed of, then the Judge of the division so having cases or other business undisposed of shall assign to Division 5 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 Fifth Division, to which they are assigned or transferred.

SECTION 8. That the County Court of Shelby County shall furnish all books and necessary supplies for said Fifth Division of said Court, and shall also furnish for the sittings of said Court a separate and suitable court room, and the Sheriff of said County shall in person or by deputy attend upon the Fifth Division of said Court when in session.

SECTION 9. 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 said Division 5 when in session.

SECTION 10. That Chapter 102 of the Acts of 1905 and presently existing amendments thereto remain in full force and effect as amended and enlarged by this Act.

SECTION 11. That this Act take effect from and after its passage, the public welfare requiring it.

Passed: March 8, 1955.