Public Acts of 1957 Chapter 294

COMPILER'S NOTE: Although this is a public act, only section 1 can be found in the Tennessee Code Annotated. Section 2 through 10 are of special effect and are not found in Tennessee Code Annotated.

SECTION 1. That the Chancery Court of Shelby County be and is hereby divided into three parts, to be known and designated as "Part I", "Part II", and "Part III". Two terms of said Court in all parts shall be held annually beginning on the first Mondays in April and October, and said Court shall have such jurisdiction and powers as are now exercised by said Court. The procedure, rules of practice, and laws governing the said Court shall be the same as are now in force, except where expressly changed by this Act, and the Court shall be considered open for orders, at rules and for other like purposes, whenever any part of said Court has not finally adjourned for the term. Any part of said Court shall regulate its own session and sit upon its own adjournment.

SECTION 2. That the present Chancellors of Shelby County and their successors in office shall sit and hold court regularly in Part I and Part II; and an additional office of Chancellor of Shelby County is hereby created, which shall be filled by the appointee hereafter named until the election of a Chancellor to fill said office as hereinafter provided, and said Chancellor and his successors in office shall sit and hold court regularly in Part III; but if any time the business of any part of said Court shall have been concluded by the trial of all causes at issue and for hearing at that term, and there shall remain causes undisposed of in the other parts of said Court, then it shall be the duty of all Chancellors to sit in the trial of the causes undisposed of until the same shall have been determined; and in such cases such apportionment of such undisposed causes shall be made by said Chancellors between them, and in such a way and at such times as shall conduce to the most speedy determination thereof; but all decrees in said causes shall be entered on the minutes of the part of said Court in which said causes are pending, as in cases of special Chancellors.

SECTION 3. That as soon after the passage of this Act as may be practicable, Chancellors of said Courts shall apportion among the three parts thereof the causes now pending in such a manner as to expedite the trial of said causes, and the Rule Docket and hearing Docket shall each show the part to which each cause is assigned, and thereafter each cause shall be for trial and proceed only in the part to which they are assigned, and suits brought in said Court from and after the time this Act takes effect shall be assigned by the Clerk & Master to each part as the Chancellors may by rules of Court provide, and the part to which a suit shall be assigned shall be designated on the Rule Docket and other dockets of said Court, and causes shall be proceeded with in that part to which it is assigned, and process shall be returnable to the part of said Court in which the suit is pending.

SECTION 4. That the minutes of Part I, Part II and Part III of said Court shall be kept in separate books, but said minute book shall be numbered in regular sequence as heretofore, and the minutes of each part shall be signed by the Chancellor sitting regularly therein, except in the case of interchange regularly made.

SECTION 5. That the County Court of Shelby County shall furnish for the sittings of each part of said Court separate rooms, but as near together as may be convenient, and the Sheriff of said County, shall either in person or by deputy, attend upon the three parts of said Court when in session.

SECTION 6. That the reorganization made by this Act shall not affect the office, powers, duties, or responsibilities of the Clerk and Master of said Court, but said Clerk & Master shall hold his office with all the powers, duties and responsibilities now attached thereto during the term for which he was appointed and until his successor shall be appointed by the Chancellors of said Court and shall qualify. Said Clerk & Master shall, in person or by deputy, attend upon the three parts of said Court when in session.

SECTION 7. That the Governor shall appoint, on or before September 1, 1959, a person qualified under the law, to fill the office hereby created of Chancellor in Part III of said Court, who shall hold office until September 1, 1960, and until his successor is qualified. In the next regular election of county officers in the State to be held in August, 1960, a person qualified under the law shall be elected to hold said chancellorship until September 1, 1966, and until his successor is qualified. Beginning with the regular election of county officers in the State to be held in August, 1966, and from that election forward, a person qualified under the law shall be elected for the same term of office as are the other Chancellors in the State of Tennessee.

SECTION 8. That the Chancellor of Part III of said Court shall have the same qualifications and exercise the same powers and jurisdiction and receive the same compensation as other Chancellors in the State.

SECTION 9. That all laws and parts of laws in conflict with this Act are hereby repealed.

SECTION 10. That this Act take effect from and after September 1, 1959, the public welfare requiring it.

Passed: March 20, 1957.