Private Acts of 1943 Chapter 37

SECTION 1.  That Chapter 6 of the Private Acts of the General Assembly of the State of Tennessee, for the year 1941, being an Act to create a Court of General Sessions for Hamilton County, Tennessee, and providing its powers and jurisdiction be amended in the following particulars:

SECTION 2.  That Section 2 of said Act be amended so as to provide that the jurisdiction and powers of said Court shall be co-extensive with Hamilton County, and shall extend to all claims and demands of whatsoever nature of $1,000.00 or less in value.

SECTION 3.  That Section 6 of said Act be amended so as to provide, that before the commencement of any civil action the plaintiff shall pay to the Clerk of the Civil Division of the Court an amount sufficient to cover the fees for the issuance of the original Summons, Writes of Attachment, Replevin or Unlawful and Forcible Entry and Detainer, Rendition of Judgment and a Fee for the serving of the process, such costs to be estimated by the Clerk of the Court.

When and in the event costs are collected from the defendant the plaintiff or the party to whom entitled shall thereupon be refunded the same; provided, however, that any resident of the State may commence and prosecute an action who is eligible to take and subscribe to the oath provided for poor persons.

SECTION 4.  That Section 7 or [sic] said Act be amended so as to provide that any party may appeal from an adverse decision to the Circuit Court of Hamilton County within a period of five days upon complying with the law as now provided for appeals from Justice of the Peace Courts, provided within said time a motion to re-hear may be filed, which shall be heard by the Court as soon as practical, and judgement from which an appeal may be taken within a two day period.  No executions shall issue until the expiration of five days from date or original judgment, where no motion for re-hearing has been filed within said time.  No execution shall issue where motion for re-hearing has been filed until two days after the action on the motion to re-hear.

Stay of judgment or execution may be entered at any time within five days of the original judgment, and within two days of final action on motion to re-hear.

SECTION 5.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed:  January 18, 1943.