Private Acts of 1919 Chapter 482

COMPILER'S NOTE:  Private Acts of 1919, Chapter 482, was amended by Private Acts of 1925, Chapter 958, by adding a paragraph declaring that the County Judge need not be an attorney.  The act applied the amendment to Putnam County by population figures. Furthermore, the Index only attributes the Act to Putnam County and the Act was introduced by the Putnam County Representative.

Private Acts of 1919, Chapter 482, was also amended by Private Acts of 1937, Chapter 239, which required the County Judge to be the Purchasing Agent.  The amending act did not change any wording of the original act and is therefore re-printed in full, with its amendments, under the heading: "Administration, Purchasing Agent".

SECTION 1.  That the office of County Mayor is hereby created in counties of this State having a population of not less than 23,000 and not more than 23,025 according to the Federal Census of 1910 or any subsequent Federal Census.

SECTION 2.  That said County Mayor shall not be under thirty years of age, and shall be a citizen of the United States and a resident of the State of Tennessee for at least five years and a resident of said counties for at least one year.

SECTION 3.  That said County Mayor shall be commissioned as other Judges of the State and before entering upon the duties of the office shall execute bond for the sum of one thousand ($1,000.00) dollars, to be approved by the Judge of the Circuit Court, for the faithful performance of his duties, and shall take an oath to support the constitution of the United States and the State of Tennessee and to faithfully perform the duties of his office.

SECTION 4.  That all vacancies in the office of County Mayor of said counties of this State shall be filled in the same manner as vacancies in the office of Chancellor and Circuit Judges, and when from sickness or other causes, said Mayor is unable to hold his court or attend to the duties of his office, temporary appointments shall be made in the same manner as is now provided by law for Chancellors and Circuit Judges under similar circumstances.

SECTION 5.  That the office of Chairman and Chairman pro tem of the County Court in said counties of this State be, and the same is hereby abolished, and the office of County Mayor created by this Act shall have and exercise all the powers and jurisdiction now conferred by law on said Chairman and shall perform all of the duties now required of him by law.

SECTION 6.  That said County Mayors shall also have power and authority to grant fiats for writs of attachment or injunction and certiorari and supersedeas that Chancellors and Circuit Judge (sic) of the State now have; to hear and determine cases on writ of habeas corpus, and in so doing he will be governed by the same rules and regulations provided for Chancellors and Circuit Judges.

SECTION 7.  That said County Mayors of said counties of this State shall have the rights to solemnize the rites of matrimony.

SECTION 8.  That said County Mayors shall be the accounting officers and agents of said counties and as such shall have the power, and it shall be their duty, to control all books, papers and documents pertaining to the office of County Court and that it shall be their duty to audit all claims against said counties and audit and settle the accounts of the County Trustee, and those of any other collection of revenues, taxes, or income payable into the County Treasury, and those of any other person intrusted to receive and expend any money of the counties and to require said officers or persons to render and settle their accounts as required by law, or their authority under which they may act.

SECTION 9.  That the Mayors of the County Court of said counties of this State shall be ex-officio Chairman of the Workhouse Commissioners, and shall also audit all of the accounts of said Workhouse Commissioners, and no warrant shall be drawn and paid by the County Trustee for any purpose out of the county road, bridge or any other fund of the county until it is first approved and signed or countersigned by the County Mayor.

SECTION 10.  That it shall be the duty of the County Mayors of said counties of this State, and they are hereby authorized to call all of the Road Commissioners to meet at the courthouse in the county seat of said counties on Tuesday after the first Monday in January, April, July and October of each and every year for the purpose of hearing reports and advising with said Road Commissioners and they shall require all of said Road Commissioners to make settlements as now required by law.

SECTION 11.  That the County Mayors of said counties shall be Chairman of all committees appointed by the Quarterly Court to build any bridge or levee in said counties and they shall not draw a warrant for the payment of any bridge or levee built by any person in said counties that cost more than one hundred ($100.00) dollars, unless aid person has a written contract signed by a majority of a committee of three citizens and the Road Commissioner of the District and by the Mayor of the County Court.

SECTION 12.  That said County Mayors and Road Commissioners shall not approve and sign such warrants until they have first inspected said bridge or levee or other work, and then shall not sign same unless said work has been done according to contract.

SECTION 13.  That no stationery, books, fuel or other property shall be bought for the said counties except upon the order of said County Mayors, to be approved by the Quarterly Court of said counties.

SECTION 14.  That on the first day of each Quarterly term of County Court, the Mayors of said counties shall require the clerks of said courts in one general report to state the amount of money in said office in the cases to which said sums belong, but no cost need be stated except State and county revenue, and it shall be the duty of said County Mayors to appoint some person or persons to examine said report to see that same is correct in every respect, and the same shall be filed, not only for the inspection of the court but also for that of the attorneys of the party, or the parties interested, or their agents.

SECTION 15.  That the duties of said County Mayors shall not interfere with the duties of the County Court Clerk of said counties as now provided by law, but the said clerk shall be and continue the clerk of said county under the provisions of this Act, and shall have and perform all duties and have all power and jurisdiction incident to the duties of County Court Clerk.

SECTION 16.  A warrant drawn against the county shall be signed by the county mayor and an employee in the county mayor's office, who shall be designated by the county mayor and approved by the county legislative body.  Such employee shall enter into bond with good and sufficient sureties as shall be determined by the county legislative body for the faithful performance of the employee's duties.

SECTION 17.  That the County Court to be held by the County Mayor under the provisions of this Act shall hold its regular sessions on the first Monday of each month, and shall sit from day to day so long as the business thereof may require, and shall have power to preserve order by imposing such fines as will affect that purpose.  County Quarterly Court shall meet as now provided by law.

SECTION 18.  That said County Mayors of said counties shall not practice as attorneys in the court over which they preside, nor act as counsel in any case provided by law.

SECTION 19.  That the County Court Clerk shall keep a docket of all cases pending before said County Mayor and to be tried by him showing the date of filing, names of parties and attorneys, issue all process and returns, etc.

SECTION 20.  That said County Mayors of said counties shall receive a salary of twenty-seven hundred ($2700.00) dollars per annum to be paid monthly out of the county revenue on warrant drawn and issued for that purpose.

SECTION 21.  That within thirty days after the passage of this Act, the Governor shall appoint a County Mayor for said counties to serve from the first day of January, 1920, until the first day of September, 1921, and that at the first regular August election for the purpose of electing county officer, a County Mayor shall be elected by the qualified voters of said counties to serve from the first day of September, 1921, until the next regular election of Judges, and that at said election a County Mayor shall be elected by the qualified voters of said counties to serve for a term of eight years, or until their successors are elected and qualified.

SECTION 22.  That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed, and that this Act take effect from and after January 1st, 1920.

Passed:  April 9, 1919.