Selected Private Legislative Acts

Private Acts of the Tennessee General Assembly Relevant to Jefferson County

Extracted from a compilation maintained by the University of Tennessee's County Technical Assistance Service.

Introduction

Tennessee's County Technical Assistance Service was created to promote better county government through the provision of direct assistance to county officials in developing and implementing ideas and methods for improving service to citizens within the legal framework of the Tennessee Constitution and laws enacted by the Tennessee General Assembly. It provides guidance to county officials on any topic related to county government. One of CTAS' activities is to preserve a manual of relevant Private Legislative Acts that relate to each county. This section of the Web site contains selected extracts from the Jefferson County book that have historical information and interest.

Administration: County Seat

Acts of 1799 - Chapter 38

An Act to Establish a Town by the Name of Dandridge, in Jefferson County

Whereas Francis Dean of the County of Jefferson, in the year One Thousand Seven Hundred and Ninety Two, conveyed fifty acres of land to Alexander Outlaw, Hugh Kelsea, Jared Fitzgerald, Andrew Henderson, and George Doherty, as Commissioners for erecting a Court House, Prison and Stocks in and for said County, to be laid out into a town for the benefit of the County: and Whereas the Said Alexander Outlaw, Hugh Kelsea, Jared Fitzgerald, Andrew Henderson and George Doherty have caused the said fifty acres of land to be laid out into a town by the name of Dandridge, and disposed of sundry of the lots according to the intention of the Donor:

Section 1. BE IT ENACTED by the General Assembly of the State of Tennessee, That the said fifty acres of land shall continue to be a town agreeably to the plan of the said Alexander Outlaw, Hugh Kelsea, Jared Fitzgerald, Andrew Henderson and George Doherty, by the name of Dandridge, and that the deed of conveyance from the said Francis Dean, to the said Alexander Outlaw, Hugh Kelsea, Jared Fitzgerald, Andrew Henderson and George Doherty, for the said fifty acres of land, although made without value received, shall be good and valid in law to them and their successors, for the purpose for which the said Francis Dean conveyed the same.

AND WHEREAS Jared Fitzgerald, one of the above Commissioners, hath removed from the County of Jefferson: AND WHEREAS it is requisite that his place should be supplied, and an additional number of Commissioners be appointed:

Section 2. BE IT THEREFORE ENACTED, That in addition to the said Alexander Outlaw, Hugh Kelsea, Andrew Henderson and George Doherty, who are hereby declared to be continued commissioners, James Doherty shall be a commissioner in the place and stead of Jared Fitzgerald, and Edward George be appointed in addition, with full power and authority, as commissioner, vested with the said fifty acres of land laid off as aforesaid, in a town, to regulate the said town, and dispose of such lots as have not already been sold, and apply the money arising from the sale, for the purposes for which the said fifty acres were originally given and conveyed by the said Francis Dean.

Section 3. BE IT ENACTED, That the said Alexander Outlaw, Hugh Kelsea, Andrew Henderson, George Doherty, James Doherty and Edward George, commissioners as aforesaid, shall also be commissioners for completing and keeping in repair the courthouse, prison and stocks of the said county of Jefferson, and be held accountable to the court of the said county, in the manner as other commissioners for erecting public buildings are held accountable for all monies by them received and expended.

Passed: October 26, 1799.

Administration: County Legislative Body (previously County Court)

Each county in Tennessee, except those with a metropolitan form of government, has a county legislative body, which is also formally known as the board of county commissioners, or informally known as the county commission.

The county legislative body replaced the quarterly county court as provided in the Public Acts of 1978, Chapter 934, T.C.A. §5-5-101 et seq.

The county commissioners are vested with all the legislative powers and duties formerly vested in justices of the peace, but possess no judicial powers and are not charged with any judicial functions. Under T.C.A. §36-3-301, members of county legislative bodies may solemnize marriages.

The following acts once applied to the quarterly court or the county legislative body of Jefferson County and are included herein for historical purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions.

The Territorial Ordinance of June 11, 1792, signed by William Blount, Governor, in and over the Territory of the United States south of the Ohio River, created a Court of Pleas and Quarter Sessions in Jefferson County. This Court possessed both judicial and legislative powers for many years to come. The Court was held in 1792 in Jefferson County at the home of Jeremiah Matthews on the fourth Monday in January, April, July, and October.
The Territorial Ordinance dated February 16, 1793, changed the time of holding the Court of Pleas and Quarter Sessions in Jefferson County to the second Monday in February, May, August, and November, of each year.
The Territorial Ordinance dated March 21, 1793, changed the place for holding the Court of Pleas and Quarter Sessions in Jefferson County to the north side of the French Broad River, on the lands of Francis Dean, near the Rev. Mr. Henderson's lower meeting house, at such particular spot as the commissioners should fix upon.
Acts of 1794, Chapter 8, Page 77, Section 3, rescheduled the opening dates of the Court of Pleas and Quarter Sessions in Jefferson County to the first Monday in February, May, August, and November.
Acts of 1797, Chapter 6, Page 31, changed the dates for the terms of the Court of Pleas and Quarter Sessions in Jefferson County to the third Monday in January, April, July, and October.
Acts of 1809, Chapter 93, Page 121, fixed the terms of court for every Court of Pleas and Quarter Sessions in the State. In Jefferson County the terms would begin on the second Monday in March, June, September, and December.
Acts of 1811, Chapter 72, Page 73, repealed the original jurisdiction given to the Circuit Court by Acts of 1809, Chapter 49, which had formerly belonged to the Court of Pleas and Quarter Sessions and returned the same to that Court.
Acts of 1813, Chapter 77, Page 101, returned concurrent jurisdiction with the Courts of Pleas and Quarter Sessions to the Circuit Court, gave the Circuit Court equity jurisdiction, and provided for appeals from the Court of Pleas and Quarter Session to go to either the Circuit Court or the Supreme Court of Errors and Appeals.
Acts of 1821, Chapter 123, Page 120, authorized the Clerk of the Court of Pleas and Quarter Sessions to build a house for use as a Clerk's Office on some part of the Public Square in the city of Dandridge, upon the death, resignation, or removal of the Clerk, his successors would have the use of the house as his office when he paid the Clerk, or his heirs and representatives, the value of the said building as the same might be determined at that time.
Acts of 1835-36, Chapter 6, Page 45, established a County Court in every County, pursuant to the 1835 Constitution, changed the name of the Court to the Quarterly County Court which would meet on the first Monday of every month as a "Quorum Court" and every three months as a Quarterly Court. This Court could select jurors for some of the other courts of equal jurisdiction, generally one from each of the 25 civil districts but could select more jurors if the need existed. Jurors would be paid $1.00 per day for each day served for which purpose a tax could be levied if the funds were not available from other sources.
Acts of 1851-52, Chapter 279, Page 494, Section 4, declared that the town of New Market in Jefferson County would be allowed a Justice of the Peace who must reside within the corporate limits of the town and be elected by the qualified resident voters thereof. This Justice would be in addition to all other Justices of the Peace and possess the same powers and authority conferred upon them.
Acts of 1855-56, Chapter 175, Page 267, was the legal authority for the qualified voters residing in Dandridge, in Jefferson County to elect a Justice of the Peace for that city who must be a resident of the town and who would have all the authority and jurisdiction given to other Justices.
Private Acts of 1915, Chapter 58, Page 183, fixed the compensation of the Justices of the Peace in the counties of Hamblen, Jefferson, and Williamson at $2.50 per day for each day's attendance at a regular, or special, session of the Quarterly Court. The Justices would also be paid five cents per mile for each mile traveled going to and from their homes and the Court.
Private Acts of 1921, Chapter 513, Page 1600, is listed in some publications as being applicable to Jefferson County but the population figures of 1920 which are quoted in the Act would make it apply only to Loudon County. The Act set up a schedule of fees to be charged for certain services performed by county officials.
Private Acts of 1949, Chapter 519, Page 1429, established the per diem rate of pay for the Justices of the Peace in Jefferson County (identified by the use of 1940 Federal Census figures) at $5.00 per day for each day's attendance at all regular and called sessions of the Quarterly Court, plus whatever mileage allowance which was permitted under the law.

Administration: County Judges

Acts of 1856, Chapter 253, Page 511, provided for a County Judge in every County in the State who would be learned in the law, elected by popular vote for four year terms, and who would be sworn and commissioned as all other Judges were. Quorum Courts were abolished, and the County Judge would assume all the responsibilities of the County Chairman. The Court would meet on the first Monday in every month. The Court would have jurisdictional authority over the administration of estates and related matters, as well as over those questions mentioned in this Act. The Judge would also be the accounting officer and general agent for the County and discharge all the duties stipulated by the Act in this respect. County Court Clerk would continue to be the clerk of the court but the circuit court clerk would keep the dockets. The Judge was not precluded from the practice of law except in the court over which he presided. This Act was short lived, being repealed by the one below.
Acts of 1857-58, Chapter 5, Page 3, repealed Acts of 1856, Chapter 253, above, and restored both the Quorum Courts and the County Chairman to their former status.
Acts of 1885, Chapter 105, Page 201, created the office of County Judge in Jefferson County who would be elected for a term of eight years at the same time as other county officials, and who would be sworn into office and commissioned as were other Judges, and be bonded in the amount of $20,000. Quorum Courts were abolished and the duties of that court given to the County Judge who would continue to convene it and preside over it on the first Monday in each month. The jurisdiction of the court was specifically enumerated and the Judge would also be the Financial Agent for the County exercising the responsibilities set up in this Act. The Judge was allowed to practice law in any court but his own. His salary would be $500 per year plus any supplement granted to him by the Quarterly Court. This Act was repealed by the one following.
Acts of 1893, Chapter 167, Page 337, expressly repealed Acts of 1885, Chapter 105, and abolished the office of county judge. The office of chairman was specifically provided in this Act who would be clothed with all the power and jurisdiction formerly conferred upon the County Judge and that office. The Judge would serve until the first Monday in October, 1894, when the members of the Jefferson County Quarterly Court would proceed to elect a chairman to replace him.

Administration: County Register

The office of county register is a constitutional office, established by article VII, section 1 of the Constitution of Tennessee and is regulated by the general statutes found in Tennessee Code Annotated, title 8, chapter 13; title 10, chapter 7 (public records); title 47, chapter 9 (U.C.C. Secured Transactions); and title 66 (real property and registration of instruments).

The principal duty of the county register is the registration of instruments which the law requires to be, or allows to be, filed or recorded. These instruments include, but are not limited to: deeds of conveyance of real estate, powers of attorney, deeds of trust, mortgages, liens, land sale contracts, plats, leases, military discharges, and papers under the Uniform Commercial Code. The purposes of such registrations are also varied. The records of the register's office provide a public record of real property ownership, liens and various other transactions that affect the public interest. The basic fee schedule for the register is found at T.C.A. §8-21-1001.

The following acts once affected the office of county register in Jefferson County, but are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1826, Chapter 12, Page 17, validated and made legal certain marriages and entries on land made for citizens residing in portions of Knox County and Jefferson County which were issued by the Clerk of those respective counties when in reality the area from whence they came was in Sevier County.
Acts of 1831, Chapter 162, Page 131, validated and legalized all deeds of conveyance and other written instruments heretofore registered in the Counties of Greene, Sevier, Cocke, Washington, Hawkins, Carter, Grainger, Claiborne, Campbell, Jefferson, Blount, Monroe, McMinn, Morgan, Roane, and Sullivan, although the certificates on the same might not have recited an acknowledgment by the Grantor, or were not approved by subscribing witnesses, all of which would be as good and valid at law as all others which had been properly certified and acknowledged in the most formal manner. They would be as acceptable in any Court as evidence of the transactions but nothing herein would affect any suit then pending in Court.
Private Acts of 1919, Chapter 197, Page 467, stated that hereafter in Jefferson County females over the age of 21 years would be eligible for the office of Register. Said females, if and when elected would execute the same bond and subscribe to same oath as all the others. The same duties and the same penalties would apply to the females in office as to their male counterparts.
Private Acts of 1921, Chapter 231, Page 728, required that the Register of Deeds in Jefferson County to make an index of all deeds and instruments pertaining to land in alphabetical order according to the Grantor and Grantee, giving the book and page number of the registrations. The Register was further obligated to keep a separate index for releases and other instruments.
Private Acts of 1943, Chapter 342, Page 1231, declared that the Register of Jefferson County would keep and maintain the Cott System of indexing or pay the penalties prescribed herein for his failure to do so.
Private Acts of 1951, Chapter 400, Page 1108, prohibited the Register of Jefferson County from recording any deed of conveyance of real estate unless the deed bore the stamp of the Tax Assessor certifying that the Assessor had copied the names of the Vendors and Vendees, or his Deputy, to be on duty during office hours in order to stamp the certification on the deeds and other instruments.

Animals & Livestock

Stock laws or fence laws were for many years a source of bitter controversy in Tennessee counties. The general fence law for the state is now contained in T.C.A. Title 44, Chapter 8.

The following is a listing of acts that at one time affected, but no longer appear to have any effect on, hunting, fishing or animal control in Jefferson County. They are included herein for reference purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Private Acts of 1899, Chapter 355, Page 840, made it lawful to catch fish in baskets and nets in any of the streams of Jefferson County. All laws in conflict were repealed.
Private Acts of 1901, Chapter 209, Page 449, was the legal authority for anyone in Jefferson County to fish in any of the streams of that County with gigs. It would be lawful for anyone owning both banks on any stream, or sluice, in Jefferson County to place traps in the stream but the slats in the traps had to be at least two inches apart and their positions were not to obstruct the navigation of the stream in any manner.
Private Acts of 1903, Chapter 246, Page 574, declared it to be unlawful for livestock to run at large in Jefferson County but unfenced lands could be used lawfully for summer range without violating the terms of this Act. Fines imposed for non_compliance ranged from $2.00 to $10.00 for each offense. The damages done would be a lien on the trespassing stock which could also be taken up and cared for by third parties or the injured party and the cost of their care and keeping could be added to the amount of the lien. Nothing herein in this Act would affect any Act concerning the liability of railroads on this subject.
Private Acts of 1909, Chapter 187, Page 681, made it unlawful for stock to run at large in Jefferson and Monroe Counties. The terms of this Act were the same as those in the 1903 Act above. There may be some doubt as to whether the General Assembly intended this Act to apply to Jefferson County since one similar to it in all respects was already in force.
Private Acts of 1911, Chapter 9, Page 29, which in effect repeals the 1909 Act above if it did apply to Jefferson County, plus the 1903 Act, made it unlawful for any person owning, or controlling geese, horses, mules, cattle, sheep, goats, swine, or other livestock, to permit the same to run at large in Hamblen County and Jefferson County. The owner of these invading animals would be responsible in damages to anyone injured by them and the damaged parties would have a lien upon the trespassing beasts to that extent which could be enforced as any other lien. The damaged party could also impound the animals and add that cost to his damages and to the lien.
Private Acts of 1915, Chapter 651, Page 2131, required all the landowners in Jefferson County (identified by the quotation of the 1910 Federal Census figures) to construct and maintain a three wire fence around all their cultivated fields lying along a public highway unless these fields were otherwise fenced. In the event the fence was not built and maintained as specified, the owner could not recover for any damages done to those areas. There was nothing in this Act which would allow the owner of the stock to let their animals run at large in the County without a herder.
Private Acts of 1917, Chapter 658, Page 2015, declared it to be legal for residents of Jefferson County to fish in the Holston River and the French Broad River within the limits of the County with nets and baskets, provided, however, that the mesh on the nets and the slats on the baskets were no less than one and one-half inches apart.
Private Acts of 1921, Chapter 405, Page 1225, amended Public Acts of 1919, Chapter 61, which was a very restrictive general law of the State on the ownership, care and keeping of dogs, so as to remove Jefferson County and many other counties from the provisions of that law.
Private Acts of 1927, Chapter 257, Page 710, was the legal authority for any person in counties other than Jefferson County, and nine other counties, to hunt, take, trap, snare, shoot, or kill by any means, rabbits, or hares, at all seasons and times of the year, but nothing herein would allow anyone to hunt upon the land of another without permission. It was also lawful to transport, sell, and ship rabbits, or hares, out of each of the Counties and State.
Private Acts of 1929, Chapter 4, Page 6, amended Private Acts of 1927, Chapter 257, so as to remove Jefferson County from the provisions of the 1927 act with reference to the hunting and killing of rabbits, or hares. (According to our reading of the 1927 Act Jefferson County was exempted at that time. This Act might have been used to remove all doubt).
Private Acts of 1935, Chapter 627, Page 1664, applied to Jefferson County, and three other counties, and amended the general law to allow any person to catch fish, except large mouth and smallmouth bass, or Jack, from the streams, of the said counties by baskets, or traps, where the slats where at least 2 inches apart and the trap, or basket, was not placed so as to obstruct the stream. Only the people living alongside the stream could use the baskets, or traps. Any person doing so could use the fish caught only for family consumption, or to give to the poor, and they could not be lawfully sold. No game fish were to be caught and all closed seasons set up by the Game and Fish Department were to be observed. Fines for violators ranged from $10.00 to $25.00.
Private Acts of 1951, Chapter 208, Page 594, established the position of livestock inspector in Jefferson County.
Private Acts of 1955, Chapter 337, Page 1143, set up a season when red foxes could be killed in Jefferson County.

Boundaries: Major Changes in County Lines

Changes in County Lines

Acts of 1794 -- Chapter 11 -- Erection of Sevier County

WHEREAS the Inhabitants of Jefferson County, who live on the South Side of French Broad River, labour under difficulties in attending at Courts and Musters, in having the river to cross, and other inconveniences attending the present extensive boundaries of said County:

Section 1. BE IT ENACTED by the Governor, Legislative Council, and House of Representatives of the Territory of the United States of America South of the River Ohio, That the county of Jefferson be divided by a line as follows, to wit: Beginning on the Eastern boundary of this territory; from thence a direct line to the ridge that divides the waters of Little Pigeon from the waters of Big Pigeon river; thence along the same to the head of Muddy Creek; thence a direct line to the lower end of an island in French Broad river, formerly known by the name of Hubbert's island; thence a direct line to the mouth of Cresswell's mill creek; thence with the Knox county line to the top of Bay's mountain; thence along the said mountain to where French Broad river runs through the same; thence along the said mountain, and with the extreme height thereof, to the place where the dividing ridge that divides the waters of French Broad from those if Little river intersects the same; thence with said ridge to the Pigeon mountain; thence along said mountain to the Indian boundary, and with the same to the Eastern boundary of the Territory; thence to the beginning.
And all that part contained in the said boundaries, shall thenceforth be erected into a new and distinct county, by the name of SEVIER.

Section 2. AND BE IT ENACTED, That Joseph Wilson, Robert Polk, Samuel Magahee, Samuel Newell, and Thomas Buckenham are hereby appointed commissioners; and authorized to lay off, and appoint a place the most centrical and convenient in said county, for the purposes of erecting a court house, prison, and stocks.

Section 3. And for the due administration of justice in said county, BE IT ENACTED, That the court for the said county of Sevier shall be held constantly by the justices of said county on the last Mondays in January, April, July, and October in every year; and the justices for said county of Sevier are hereby authorized and empowered to hold the first court for the same at the house of Isaac Thomas, and all subsequent courts for said county, on the days above mentioned for holding courts therein, at any place to which the said justices shall from court to court adjourn themselves, until a court house be built for the said county of Sevier; and then all causes, matters, and things depending in the said court, and all manner of process returnable to the same, shall be adjourned to such court house; and all courts held in and for said county of Sevier, shall be held by commission to the said justices in the same manner, and under the same rules and restrictions, and shall have and exercise the same powers and jurisdiction as are or shall be prescribed for other courts held for theseveral counties in this Territory.

Passed: September 27, 1794.

Acts of 1795 -- Chapter 14 -- Modification of Boundary with Sevier County

BE IT ENACTED by the Governor, Legislative Council, and House of Representatives of the Territory of the United States of America South of the River Ohio, That from and after passing of this act, the line that divides the aforesaid counties of Jefferson and Sevier, on the south side of French Broad River, shall begin on said river at the lower end of Hubbard's island, thence a direct line to where the dividing ridge that divides thewaters of Flat creek from the waters of Peerey's creek intersects said river, thence with said ridge to the ridge that divides the waters of Flat creek from the waters of Muddy creek, thence with that ridge to the ridge that divides the waters of Little Pigeon from the waters of French Broad and Big Pigeon, to the eastern boundary of this Territory.

Passed: July 11, 1795.

Private Acts of 1797 -- Chapter 8 -- Erection of Cocke County

WHEREAS the Citizens of Jefferson County, living on the waters of French Broad and Big Pigeon, above the mouth of Chucky River, are so situated by rivers and mountains, that they cannot with convenience attend courts, general musers or elections in said County: And it being made to appear to this General Assembly, that the bonds required by the Constitution may be had in each County:

Section 1. That from and after the passing of this act, the said county shall be divided by a line to begin on the North Carolina boundary line with this state, on the south side of French Broad river, one mile from said river, thence down said river, one mile distance from the same to where it intersects the Greene county line, thence with said line to Nolachucky river, a small distance below Captain William White's house, thence down the said river to French Broad, leaving all the islands to Jefferson County, thence down the river French Broad, in the same manner, to the bent of said river opposite Colonel Parmenas Taylor's, and from thence a direct line to the top of English's mountain, within one mile of Sevier county line, thence parallel with that line to the uppermost house on Cozby's creek, and from thence an easterly line, to a point on the North Carolina boundary line, as to leave six hundred and twenty-five square miles in Jefferson County, and from thence with said boundary line to the beginning, which bounds, so described, shall, from and after the passing of this act, be a separate and distinct county, known by the name of COCKE. ...Act regarding Cocke continues...

Section 7. That the sheriff of Jefferson County is hereby authorized to collect all monies due on judgments or executions, entered up in the county of Jefferson, prior to the passing of this act, and that all proceedings now pending in the county of Jefferson shall be proceeded on, and determined in same manner as if this law had not been passed.

Passed: October 9, 1797.

Acts of 1854 -- Chapter 30 -- Modification of Boundary with Hawkins County

Section 2. That this Act shall take effect from and after its passage.

Section 3. That the dividing line between the counties of Jefferson and Hawkins be changed as follows: Beginning at or near George Lynch's on the line between said counties of Jefferson and Hawkins running with said line to the Walnut gap; from thence a direct line to the north-east boundary line of Pleasant Kirkpatrick's plantation, and with said line till it strikes the road leading from Russellville to Bull's Gap; and with said road till it strikes the county line of Greene and Hawkins, below Bull's Gap.

Section 4. That the persons and property included in the fraction of Jefferson, lying north-east of said line, as described in the first section of this act, shall be entitled to all the rights and privileges of the citizens of Hawkins, and subject to all the duties thereof; and the act passed February 7, 16, 1852, entitled "an act to change the line between the counties of Jefferson and Hawkins, be, and the same is hereby repealed.

Passed: January 31, 1854.

Acts of 1870 (Extra Session) -- Chapter 6 -- Erection of Hamblen County

Section 1. That in conformity to the fourth section of the tenth Article of the Constitution of the State of Tennessee, a new county be, and the same is hereby established, to be composed of fractions to be taken from the counties of Jefferson and Grainger, to be known and designated as Hamblen County.

Section 2. That the boundaries of the county of Hamblen shall be as follows, viz: Beginning at four cedars on the northern bank of Nolachucky River, at the point where the boundary line between Jefferson and Greene counties to Rader's Spring, at or near Bull's Gap; thence with the line between Hawkins and Jefferson counties to Mount Sterling, at or near the house of Wm. Pangle; thence with the line between Hawkins and Jefferson counties to Cheek's cross roads; thence with the line between Hawkins and Grainger counties to the center of Holston River; thence down the Holston River with the meanders thereof to the mouth of Hull's branch; thence from the mouth of Hull's branch south 25 degrees east one mile and 120 poles to a stake; thence east 5 miles and 16 poles to a stake; thence south 77 degrees east 1 mile to a stake; thence south 71 degrees east 1 mile to a stake; thence 65 degrees east 1 mile to a stake; thence 59 degrees east 1 mile to a stake; thence south 53 degrees east 1 mile to a stake; thence south 47 degrees east 1 mile to a stake; thence south 23 degrees east one half of 1 mile to a stake on the northern bank of French Broad River; thence south 60 degrees east, up the French Broad River to the mouth of Nolachucky River; thence up the Nolachucky River with the meanders thereof, and with the line between Jefferson and Cocke Counties to the beginning.

Section 5. That it shall be the duty of said Commissioners to designate five public places in the fraction taken from Jefferson County, and three public places in the fraction taken from Grainger County, and shall give public notice by printed or written advertisement, for at least thirty days, posted up at five or more public places in each of said fractions; that on a day to be designated by them, and at the places designated, an election will be opened and held at which all persons entitled to vote for members of the General Assembly, who have resided in the fraction proposed to be stricken off for six months immediately preceding said election, shall be entitled to vote, and each voter who desires to vote for the establishment of the new county shall have on his ticket thewords "New County," and those desiring to vote against the new county shall have on their tickets the words "Old County," and if upon counting all the ballots cast in said election, it shall appear that two-thirds of all the qualified voters in each of said fractions have voted for the new county,

[Compiler's Note: Those Sections of this Act which did not involve Jefferson County were not printed herein.]

then the county of Hamblen shall be, and the same is hereby declared to be a county, with all the powers, rights and privileges, and subject to all the liabilities and duties with other counties in this State.

Section 6. That said Commissioners shall appoint Judges and Clerks to hold said election, and also some suitable person as an officer at each place designated in each of said fraction, who shall have all the powers and perform all the duties imposed by law upon other officers and inspectors holding elections under the laws of this State; and who shall, after polls are closed and the vote counted, make out and certify the result and return the same, with a copy of the pollbooks, to the Chairman of said Board, who shall, when the return are all received, proceed, in the presence of said Board, to compare the votes and certify the result and return the same, with a copy of the pollbooks, to the Chairman of said Board, who shall, when the returns are all received, proceed, in the presence of said Board, to compare the votes and certify the result and return the same, with a copy of the pollbooks, to the Chairman of said Board, who shall, when the returns are all received, proceed, in the presence of said Board, to compare the votes and certify the result; and the election herein provided shall be held on the same day in each of said fractions; and if, from any cause the election as hereby provided, shall not be held in either of said fractions on the day appointed, said Board shall provide for another election, as herein provided in such fraction; and if said Commissioners shall believe upon investigation, which they are hereby fully authorized to institute into the manner of holding said election, that any improper or fraudulent practices have been permitted, they shall have the power to declare the election so hold in either fraction to be void, and shall proceed to hold another election in said fraction, first giving thirty days' notice, as herein provided.

Section 14. That all causes now pending, or which may be pending at the time of the organization of said county, in any of the Court of either Jefferson or Grainger Counties, between citizens pending within the limits of the new county, shall be transferred to the county having jurisdiction thereof in said county of Hamblen; and all suits pending, or which may be pending against any defendant residing within the limits of the new county, shall, if the plaintiff consent thereto, also be transferred to said county; and all prosecutions pending, or which may be pending in the Court of either of the counties of Grainger or Jefferson, for violations of the criminal law, where the crime is charged to have been committed within the limits of the new county, as hereby established, shall also be transferred to the Court of Hamblen County having jurisdiction thereof.

Section 16. That the people of each of the fractions taken from Jefferson and Grainger Counties shall remain liable and be bound to pay their respective shares of the debts owning by either of the counties from which they are stricken off, and shall also be entitled to their respectiveshares of all public securities or stocks that may be the property of either of said counties, and all taxes assessed for the year 1870 on the property, polls and privileges in each of said fractions remaining uncollected upon the organization of said county of Hamblen, and the election and qualification of a Tax Collector for said county, shall be collected and accounted for by the Tax Collector of said county of Hamblen in the same manner as the public taxes of other counties, and the taxes assessed for county purposes in each of said fractions which may be collected at the time or organization of said county shall be apportioned between the new and the old counties, the fractions of each being required to pay their proper proportion of all public expenses for the year, up to the time of organization as aforesaid, and the county Courts of the old counties respectively, and also the County Court of the new county shall each appoint three suitable persons on the part of each, to apportion the public debt that each county may owe, and also to apportion the public securities or stocks, that may be owned by either of the old counties, and also to apportion the revenue assessed for county purposes, which may have been collected by the old counties for the year 1870, and in making such apportionment, the aggregate value of all taxable property and polls in each shall be taken as the basis of said apportionment, and each of the fractions included in the new county, and shall remain liable and pay their proportion of the debts of the old county from which they may be stricken off, and the County Courts of each of said counties are fully authorized to make such orders and regulations as may be necessary to carry out the provisions of this section, so as to effect a fair and equitable apportionment of the debts owing, stock owned and revenue collected by each.

Section 18. That the public welfare required that this act shall take effect from and after its passage.

Passed: May 31, 1870.

Acts of 1875 -- Chapter 140 -- Modification of Boundary with Hamblen County

Section 3. That the county line between the counties of Hamblen and Jefferson be changed as follows, to wit: Beginning at a point in the center of the Dandridge and Greenville dirt road, eleven miles, by measurement, along the same from the Jefferson County Court House; then running south-eastwardly as nearly parallel with the present county line between said two (2) counties as practicable, so as not to approach nearer than eleven miles of the Jefferson County Court House, until it strikes the Cocke county line; then beginning again at said point first mentioned and running a direct line so as to never come within less than eleven miles of the said Jefferson County Court House, until it strikes the Cocke county line; then beginning again at said point first mentioned and running a direct line so as to never come within less than eleven miles of the said Jefferson County Court House, until said line strikes the C. C. G. & C. R. R.; then running a north-westwardly course along the southwest side of said railroad, thirty feet from the center of same, until the line strikes the present line between the counties of Jefferson and Hamblen; also, provided, that if there by any expense incurred in changing said county line between Jefferson and Hamblen, the citizens living in that part of the county so attached to Hamblen county, shall be required to pay the same, and in default thereof the county of Hamblen shall pay the expenses of same.

Passed: March 24, 1875.

[Compiler's Note: Only Section 3 of this Act affected Jefferson County.]

Acts of 1935 -- Chapter 672 -- Modification of Boundary with Sevier County

Section 1. That the County Line between the Counties of Sevier and Jefferson be so changed as to detach from the County of Jefferson and attach to the County of Sevier that portion of the farm of George Petty now situated in Jefferson County. The land to be detached from Jefferson County and attached to Sevier County is more particularly described in the two descriptions now recited as follows:

Beginning on a rock at the north side of the old Knoxville road, corner with Lowery Hickman and A. J. Hickman, thence crossing the road S. 9-1/4 E. 13-1/4 poles to a rock; thence with the N.E. Hickman, S. 87-3/4 W. 10-1/2 poles to a rock in the original line, thence with the same S. 3 degrees W. 34-1/4 poles to a pile of rock, thence with Petty's line, E. 51 poles to a white oak, corner of a tract owned by Mrs. M. A. Langston; thence with her line in 27 W. _32 poles 20 links to a rock; thence No. 16-1/2 W. 24 poles to a rock at said road, corner with A.J. Hickman, Jr,; thence with his line and the road S. 82-1/2 W. 19-1/4 poles to the beginning, containing 10-3/4 acres more or less.

Beginning on a stone in the north side of the Knoxville road and running S. 8-1/2 E. 13 poles to a stone, N. ___89-1/2 W. 10 poles to a stone in the Lowery Hickman line with same N. 5 E. 8 poles to the beginning, and estimated to contain 3/4 of One Acre, be and the same more or less.

Passed: April 18, 1935.

Constitutional Limitations

Constitution of 1870 -- Article 10 -- Section 4

Section 4. New counties -- Approach of county lines to courthouse -- Limit to reduction of counties -- Exceptions -- Vote necessary to detach fractions for formation of new counties or to remove a county seat -- Liability for existing debt. -- New Counties may be established...no line of such County shall approach the Court House of any old County from which it may be taken nearer than eleven miles, nor shall such old County be reduced to less than five hundred square miles. But the following exceptions are made to the foregoing provisions viz: New Counties may be established by the present or any succeeding Legislature out of the following Territory to wit:...Out of fractions of Grainger and Jefferson Counties but no line of such new County shall include any part of Grainger County north of the Holston River; nor shall any line thereof approach the Court House of Jefferson County nearer than eleven miles...No part of a County shall be taken off to form a new County or a part thereof without the consent of two_thirds of the qualified voters in such part taken off;...The fractions taken from old Counties to form new Counties or taken from one County and added to another shall continue liable for their pro rata of all debts contracted by their respective Counties prior to the separation, and be entitled to their proportion of any stock or credits belonging to such old Counties.

Effective: May 5, 1870.

Boundaries: Changes in Individual Property that Affect County Boundaries

The private act has often been used as a means for transferring parcels of land from one county to another, often because the boundary lines would bisect an individual landowner's property, placing the landowner under the jurisdiction of two counties. This type of boundary change was often very general in its description of the land transferred, without any metes and bounds description. The following is a summary of acts which authorized boundary changes for Jefferson County.

Acts of 1796, Chapter 34, Page 77, appointed Joseph Greer, Abraham McClery, and William Bailes, as commissioners to run the boundary line between Knox County, Jefferson County, and Sevier County agreeable to an act of the Legislature and the Representatives of the Ohio Territory which divided Jefferson County into two district counties (published herein). All the inhabitants of the area would perform their duties in Knox County until the line was ascertained.
Acts of 1803, Chapter 46, Page 92, appointed David Stuart and William Taylor as commissioners to run and mark the line between Cocke County and Jefferson County agreeable to the Act of the General Assembly.
Acts of 1804, Chapter 19, Page 31, authorized David Stuart to appoint one chain carrier in Jefferson County and another one in Cocke County to assist him in ascertaining, measuring, and marking the line between the two respective counties beginning on the south side of the French Broad River.
Acts of 1805, Chapter 14, Page 15, provided that Peter Bryan and Joshua Gill, who were commissioners appointed by Sevier County's Quarterly Court to ascertain the line between Sevier County and Jefferson County, be allowed the sum of $2.00 each for each and every day they have served as such which amount would be paid by Sevier County. Mordecai Lewis would also be allowed the sum of $2.00 per day for each day he had spent surveying the line between Jefferson County and Sevier County. Chain carriers were to be paid $1.00 for each day they worked at that task.
Acts of 1806, Chapter 1, Page 1, set up surveyor districts and offices across the State so as to include Jefferson County among them.
Acts of 1811, Chapter 41, Page 49, changed the line between Jefferson County and Cocke County beginning on the south side of the Nolachucky River, at the narrow neck in Outlaw's Big Bend of the said River, thence due west 90 poles to the river bank; thence with the present line between the two counties; and all that appeared north of the said line would be added to Jefferson County.
Acts of 1811, Chapter 110, Page 128, stated that after the passage of this Act, the line of Cocke County would be changed so as to include the inhabitants on the waters of Cosby's Creek, which was supposed to be in Jefferson County. These people would hereafter be considered as citizens in Cocke County.
Acts of 1815, Chapter 13, Page 14, stated that the new cut road so far as it extended through the plantation of Thomas Crossley on the road leading from Cheeks Cross Roads to Dodson's Ford on the Holston River would be hereafter considered as the line between Hawkins County and Jefferson County, leaving Crosby in Hawkins County.
Acts of 1817, Chapter 23, Page 26, rearranged the boundary line between Jefferson county and Cocke County so as to include an island in the French Broad River, lately known by the name of Kenney's Island, thence running south to the lines of the said counties so as to include the lands of David Beck in Jefferson also.
Acts of 1817, Chapter 158, Page 184, which was incorrectly cited as Chapter 148 in the earlier Volume, clarified the true dividing line between Grainger County and Jefferson County to be the main stage road from Panther Springs to a house occupied by Phelps Reed, John Moffett, and Joseph Shannon, successively.
Acts of 1820, Chapter 154, Page 153, appointed Gabriel McCraw, of Hawkins County, Charles T. Porter, of Jefferson County, and Joseph Shannon, of Grainger County, as commissioners, who would run and mark the line between Hawkins County and Jefferson County from the marked corner on the watery fork of the Bent Creek where the road leading from Dodson's Ford on the Holston River to where Cheeks Cross Roads crosses the same, thence to Bull's Gap, all agreeable to the existing law. When completed, they would make out reports on the work and submit them to their respective courts.
Acts of 1825, Chapter 310, Page 321, named Johnothan Wood, of Cocke County, and William Taylor, of Jefferson County, as Commissioners to run and mark the line between the two counties beginning at the French Broad River where the said line leaves the River below the Dutch Bottom and continue with the same to the extreme height of English's Mountain and report the same to their respective courts. Each county must compensate their man with a reasonable amount for his services.
Acts of 1827, Chapter 176, Page 151, changed the boundary lines between Jefferson County and Cocke County so that part of Jefferson County which was south of the Nolachucky River, or what was known as Robert Hill's Bend, be wholly contained within Cocke County.
Acts of 1845-46, Chapter 47, Page 101, Section 4, changed the lines between Jefferson County and Grainger County so as to run with the stage road from the head of Panther Spring to John W. Hill, Sr.'s place so as to include the property of J.N. Shannon wholly within Jefferson County.
Acts of 1845-46, Chapter 174, Page 259, moved the properties belonging to William Thompson, including his residence, out of Sevier County and into Jefferson County.
Acts of 1847-48, Chapter 51, Page 85, transferred the property of James Barton from Jefferson to Grainger County by changing the boundary to run with the stage road from Joseph Shannon's to Isaac Barton's.
Acts of 1847-48, Chapter 197, Page 332, rearranged the boundary between Jefferson County and Grainger County so that the line would leave Panther Creek, at or near Robert Potter's Senior, and strike it again at about forty rods west of the dwelling place of William Rice so as to include the dwelling and the lands owned by the said Rice wholly in Jefferson County.
Acts of 1849-50, Chapter 69, Page 223, realigned the boundaries between Grainger County, Hawkins County, and Jefferson County, so as to include the storehouse of Obadiah Boaz, at Cheek's Cross Roads in Grainger County, and so that the line would run with the main stage road leading from Knoxville to Jonesboro to Cheek's Cross Roads, and from thence along the Bean Station Turnpike to the residence belonging to Boaz.
Acts of 1851-52, Chapter 189, Page 271, Section 3, altered the dividing line between Jefferson County and Sevier County at Creswell's Creek so that all the lands of Thomas Stringfield would be wholly contained in Jefferson County. This Act was repealed by Acts of 1854, Chapter 130, but seemed to be reenacted again by Acts of 1856, Chapter 248.
Acts of 1851-52, Chapter 299, Page 570, moved the area beginning on the side of the road leading from Russellville to Knoxville where the Arnott Road intersects the said road near Taylor's Blacksmith Shop at Cheek's Road; thence with the said Arnott's Road to Arnott's Gap at the Greene County line, out of Jefferson County and into Hawkins County. All the citizens and property in the area would have the same status as other residents of Hawkins County.
Acts of 1853-54, Chapter 130, Page 204, changed the line between Hawkins and Jefferson County.
Acts of 1855-56, Chapter 161, Page 244, Section 2, changed the lines between Jefferson County and Grainger County so that the property of Charles E. Eckle would be included wholly in Jefferson County.
Acts of 1855-56, Chapter 248, Page 503, Section 4, moved the house and lands of Thomas Stringfield out of Knox County and into Jefferson County.
Acts of 1857-58, Chapter 47, Page 57, detached the farms of William Taylor and Jesse Hunt from Grainger County and attached the same to Jefferson County.
Acts of 1859-60, Chapter 135, Page 438, Section 7, changed the boundary line between Jefferson County and Grainger County so as to include the farm and residence of Mrs. Naney Senter wholly within Grainger County.
Acts of 1869-70, Chapter 48, Page 62, Section 5, moved the farm known as the "Dr. Cassin's Farm" now owned by John C. Tate, out of Grainger County and into Jefferson. The farm which was named the "Mastin Moore" farm, owned by D. W. C. Senter, went out of Jefferson County and into Grainger County.
Acts of 1877, Chapter 44, Page 59, noted in the preamble that differences of opinion existed on whether the line between Jefferson County and Hamblen County was nearer than eleven miles to the county seat of Jefferson County which, if true, would contravene the constitutional limitations. This Act described the line by metes and bounds and named William H. Eckle, Samuel P. Johnson, and Temple Harris, all of Jefferson County, and Rufus E. Rice, William Howell, and Wilson C. Witt, of Hamblen County, to run and mark the line as described herein. Plats of the line were to be made for each county and the commissioners would be paid a reasonable amount for their services by each county. This Act was repealed by the one following and the subject boundary line was restored as it was prior to the passage of this Act.
Acts of 1879, Chapter 55, Page 75, moved the home and lands belonging to William Phillips out of Jefferson County and into Cocke County.
Acts of 1879, Chapter 56, Page 76, detached the river island farm now owned by John Vance, Jr., which was situated in the Holston River from Grainger County and attached it to Jefferson County.
Acts of 1881, Chapter 54, Page 68, transferred the properties of S. A. Sims out of Jefferson County and into Sevier County.
Acts of 1883, Chapter 38, Page 44, realigned the boundary between Jefferson County and Sevier County so that the lands of John Russell, the heirs of William Felker, and Benjamin Manning, would all hereafter be contained wholly in Sevier County.
Acts of 1883, Chapter 54, Page 56, moved the properties owned by James A. Caldwell and John Caldwell out of Sevier County and into Jefferson County.
Acts of 1883, Chapter 139, Page 188, changed the boundary lines between Jefferson County and Cocke County so that the property belonging to J. K. Garner would hereafter be included wholly in Cocke County.
Acts of 1885, Chapter 104, Page 201, removed the lands of C. M. Bowen and Mary Bowen from Hamblen County and placed them in Jefferson County.
Acts of 1889, Chapter 106, Page 212, altered the boundary lines between Jefferson County and Sevier County so that the real properties belonging to S. A. Sims and Benjamin Manning would be contained wholly within Sevier County.
Acts of 1889, Chapter 189, Page 372, took the entire farms belonging to A. C. Huff and E. B. Hale out of Jefferson County and placed them in Hamblen County.
Acts of 1899, Chapter 385, Page 893, changed the line between Hamblen County and Jefferson County so that certain lands belonging to W. C. Watkins, which were conveyed to him by John Talbot, containing about 45 acres, would be located wholly within Hamblen County. Section 2 of this Act moved about 80 acres of land owned by M. A. Roberts out of Hamblen County and into Jefferson County.
Private Acts of 1901, Chapter 260, Page 572, rearranged the boundaries between Jefferson County and Sevier County so that the houses and farms of James Langston and M. A. Langston would be contained wholly within Jefferson County.
Private Acts of 1901, Chapter 283, Page 649, transferred the properties belonging to W. G. Cate, J. W. Douglass, J. P. Moore, W. G. Bull, and E. Bull out of Sevier County and placed them altogether in Jefferson County.
Private Acts of 1907, Chapter 227, Page 833, changed the boundaries between Jefferson County and Grainger County so as to include wholly within Jefferson County all of what was known as "Old McKinney Island" which was owned by E. G. Price, James Vance, and Samuel Vance, and located in the Holston River.
Private Acts of 1907, Chapter 386, Page 1294, further removed from Jefferson County and placed altogether in Grainger County all the lands constituting "Vance's Island," owned by W. A. Frazier, which Frazier had bought from James K. Vance, and his wife.
Private Acts of 1937, Chapter 471, Page 1526, moved the lands belonging to Mack H. Hunter and Herbert Roberts, which adjoined one another, out of the Ninth Civil District of Jefferson County and into the Second Civil District of Hamblen County.

Court System: Attorneys General

The office of district attorney general, including assistant district attorneys and criminal investigators, is covered by title 8, chapter 7 of Tennessee Code Annotated. Section 16-2-506 of T.C.A. establishes the judicial districts of the trial courts and establishes the number of assistant district attorneys general and criminal investigators in each judicial district. According to T.C.A. §16-2-506, Jefferson County is in the 4th judicial district.

The following acts once affecting Jefferson County are no longer in effect but are listed here for historical purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1796, Chapter 8, Page 22, provided for the appointment of three Attorney-Generals, one to serve in each of the Washington District, the Hamilton District, and the Mero District, whose duty it would be to prosecute all offenses in the name of the State, or to which the State was a party. The Attorney-General must attend all sessions of the Court and would be paid $40 for each session, regardless of any other fees he might receive.
Acts of 1817, Chapter 65, Page 73, Section 3, set up ten Solicitorial Districts in Tennessee. The Third Solicitorial District included the Counties of Cocke, Jefferson, Sevier, and Blount.
Acts of 1835-36, Chapter 28, Page 127, in its implementation of the new State Constitution made each Solicitorial District to coincide with each Judicial Circuit in the State which had criminal jurisdiction.
Public Acts of 1931, Chapter 64, created the position of Assistant Attorney-General for the Second Judicial Circuit to which Jefferson County was assigned at the time.
Public Acts of 1939, Chapter 65, established a position of Criminal Investigator for the Second Judicial Circuit to which Jefferson County belonged, prescribed the duties, and set the compensation for whoever might fill the job. One of the qualifications was that the Criminal Investigator be a practicing attorney.
Public Acts of 1976, Chapter 611, Page 550, amended Chapter 65, Public Acts of 1939, Item 5, above, so as to remove the qualification that the Criminal Investigator be a practicing attorney.
Public Acts of 1984, Chapter 931, T.C.A. §16-2-506, provided for the redistricting of the state trial court system into judicial districts which consolidated the Circuit Court judicial circuits and the Chancery Court chancery divisions, established concurrent jurisdiction for trial court judges, created new trial court judgeships in several districts, created new positions for assistant district attorneys in several districts, and maintained all existing court clerk offices.

Court System: Board of Jury Commissioners & Jurors

All private acts creating county boards of jury commissioners were repealed by §22-2-201 of Tennessee Code Annotated, except in Davidson, Knox and Hamilton counties. The general statutes dealing with jurors and juries can be found in T.C.A. title 22. County boards of jury commissioners are described in T.C.A. §22-2-201, and the qualifications of a juror are listed in T.C.A. §22-1-101.

The following acts once affected jurors or boards of jury commissioners in Jefferson County, but are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Territorial Ordinance dated December 18, 1792, and signed by William Blount, Governor of the Territory of the United States south of the Ohio River, ordained that Jefferson County acting through its Court of Pleas and Quarter Sessions would appoint and dispatch eight jurors to the Superior Court of the District, as directed by the laws of North Carolina.
Territorial Ordinance, dated March 13, 1793, formed Knox County and Jefferson County into the Hamilton Judicial District where the Superior Court of Law and Equity would hold two sessions each year on the second Monday in April and October, which sessions were to continue for ten judicial days. Each of the two counties would send 18 jurors to the Court and all cases arising in those two Counties were to be transferred by the Clerk of the Washington District.
Acts of 1794, Chapter 1, Page 1, declared that the territory south of the Ohio River would be henceforth divided into three Judicial Districts, the Washington District, the Hamilton District, and the Mero District, in each of which a Superior Court would be held for the trial of civil and criminal cases at the times heretofore appointed by law.
Acts of 1794, Chapter 8, Page 77, scheduled the court terms for the Superior Courts in each of the three Districts named in the preceding Act. The Superior Court of the Hamilton District would meet on the second Tuesday in April and October.
Acts of 1797, Chapter 6, Page 31, provided that the Superior Court of Law and Equity would hereafter begin in the Hamilton District on the fourth Monday in March and September.
Acts of 1797, Chapter 7, Page 34, announced that Knox County would furnish 12 jurors to the Superior Court of Law and Equity of the Hamilton District, Blount County would provide five jurors, Cocke County, four jurors, Sevier County, four jurors, Jefferson County, seven jurors, and Grainger County was tagged for five jurors.
Acts of 1799, Chapter 21, Page 49, Section 2, required Jefferson County to furnish five jurors to the Superior Court of the Hamilton District and Grainger County would send seven at the same time.
Acts of 1815, Chapter 70, Page 71, was the authority to appoint an additional Judge to the Supreme Court of Error and Appeals who would be chosen by a joint ballot of the General Assembly and commissioned by the Governor.
Acts of 1835-36, Chapter 3, Page 26, was part of the implementation required under the new Tennessee Constitution for the Judicial System. This Act provided for a three Judge Supreme Court of Errors and Appeals, one Judge to come from each of the three grand divisions of the State, who would be appointed by joint action of the General Assembly and be commissioned by the Governor. At least one session each year would be held by the Supreme Court at Knoxville, Nashville, and Jackson. Jefferson County, and 21 other counties, constituted the Eastern Division of the said Court.
Private Acts of 1911, Chapter 105, Page 249, amended Private Acts of 1903, Chapter 552, which created a Board of Jury Commissioners in several of the eastern Tennessee Counties under certain terms and conditions, by adding the appropriate population figures from the Federal Census of 1910 which would make the amended act effective in Jefferson County as well, but the Board in Jefferson County would consist of three discreet persons instead of the two prescribed for the other counties.
Private Acts of 1921, Chapter 850, Page 2630, was the legal authority for the Quarterly Court of Jefferson County to appoint jurors who would serve in the ensuing term of circuit court but none could serve who had been jurors in the two years next preceding their selection. The Court would select 25 jurors and name two Constables to wait upon them. Some qualifications were set up which the prospective juror must satisfy but anyone selected and not reporting to serve could be fined. The Judge could fill vacancies as they might occur in the ranks of the jurors. The Chancellors could direct the Sheriff to summon jurors to serve in the Chancery Courts as they might be needed.
Private Acts of 1925, Chapter 286, Page 1046, amended the caption of Private Acts of 1903, Chapter 552, to add the population figures necessary to making that Act apply to Jefferson County, thus providing for the County a three member Board of Jury Commissioner who would be appointed by the Quarterly Court at the July term of Court each year.
Private Acts of 1927, Chapter 335, Page 970, was the legal authority for the Jefferson County Quarterly Court to appoint 25 jurors before each term of the Circuit Court who would serve as both grand and petit jurors for that term. The jurors were to be selected from among the number recommended to the court by the Justices and be distributed as evenly as possible among the civil districts of the county. No one could serve who had served during the two years next preceding the selection. The Quarterly Court would also appoint two constables who would wait upon the next term of the Circuit Court. The County Court Clerk would send the list to the Circuit Court Clerk who would transmit the same to the Sheriff to summon the prospective jurors. Anyone failing to appear could be penalized by a fine and only the Judge could excuse anyone. If the panel should become exhausted the Circuit Court Judge could act to remedy the situation.
Private Acts of 1947, Chapter 213, Page 622, provided that jurors and officers would be paid $4.00 per day for their services in Jefferson County (identified by the use of the 1940 Federal Census). See Section 22-401 through 22-405, Tennessee Code Annotated for further information on this subject.

Court System: Chancery Court

The chancery courts are the traditional trial level equity courts in Tennessee. Equity law deals with matters not traditionally addressed by the common law (case law) of the law courts or the statutory law. Equity acts when a traditional law court remedy is not adequate to reach a just result. In Tennessee, chancery courts have exclusive jurisdiction over some matters that are traditionally considered to be equity cases, but the statutory law has given chancery courts concurrent jurisdiction with the circuit courts over most civil cases.

Jefferson County, under the provisions of §16-2-506 of Tennessee Code Annotated, is part of the 4th judicial district. The general law on chancery courts is found in title 16, chapter 11 of Tennessee Code Annotated, and title 17 applies to judges and chancellors.

The following acts form an outline of the development of equity jurisdiction in Jefferson County, although they no longer have the force of law since they have either been superseded by general law, repealed, or failed to receive local ratification. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Territorial Ordinance of March 13, 1793, signed by William Blount, Governor, in and over the Territory of the United States lying south of the Ohio River, ordained that the counties of Jefferson and Knox would constitute the Judicial District of Hamilton in which would be held two Superior Courts of Law and the Courts of Equity each year in Knoxville, beginning on the second Monday in April and October and continuing for ten days unless the business of the Court was cleared sooner, each County appointing 18 jurors to attend the Court during each term.
Acts of 1794, Chapter 1, gave the Superior Court of Law jurisdiction over all appeals from an inferior Court, other specified original jurisdiction over certain civil matters, original jurisdiction over equity matters and all prosecutions by the government.
Acts of 1822, Chapter 13, Page 15, provided that the Justices of the Supreme Court would arrange among themselves to hold a Court of Equity at the present places of holding the Supreme Court at least once each year. The Equity Court would be at Rogersville on the first Monday in November, at Charlotte on the fourth Monday in December, at Sparta on the second Monday in December, at Nashville on the fourth Monday in January, and at Columbia on the second Monday in January, each term to endure for two weeks, when, and if, necessary.
Acts of 1824, Chapter 14, Page 41, increased the number of Judges on the Supreme Court which would now be held at least once each year in Knoxville, Sparta, and Nashville, and required the Justices to hold the Chancery Courts at least twice each year as this Act designated. The Chancery Court at Greeneville would hear the cases from the counties of Carter, Washington, Greene, Cocke, Jefferson, and Sevier on the third Monday in May and November of each year.
Acts of 1826, Chapter 90, Page 81, provided that the Chancery Court at Greeneville for the counties of Carter, Washington, Greene, Cocke, Jefferson, and Sevier, would after January 1, next, start the regular terms of Court on the second Monday in May and November.
Acts of 1827, Chapter 79, Page 80, divided Tennessee into two Chancery Divisions, repealing the Jurisdiction of the Supreme Court over original equity cases and providing for two Chancellors, selected by the General Assembly, to preside over the two Divisions. The Eastern Division had the courts at Rogersville, Greenville, Kingston, Carthage, and McMinnville, and the Western Division consisted of the courts at Franklin, Columbia, Charlotte, Jackson, and Paris.
Acts of 1827, Chapter 88, Page 90, Section 3, set the opening dates for the terms of the Chancery Court at Greeneville for the counties of Carter, Washington, Greene, Cocke, Jefferson, and Sevier for the third Monday in May and November of each year.

Acts of 1829, Chapter 27, Page 48, provided that hereafter the Chancery Court for the District composed of the counties of Carter, Washington, Greene, Cocke, Jefferson, and Sevier, meeting in the town of Greeneville, would commence the regular terms on the second Monday in May and November, all outstanding bonds and process being made to conform.
Acts of 1833, Chapter 45, Page 51, stated that after January 1, next, the citizens of Jefferson County would have the liberty of filing their Bills in the Chancery Court either at the Court in Knoxville or at the Court in Greeneville as they might prefer.
Acts of 1835-36, Chapter 4, Page 32, divided Tennessee into three Chancery Divisions with a Chancellor to preside over each Division, who would be appointed by the General Assembly and Commissioned by the Governor. The three grand chancery divisions were further fragmented into Districts. The counties of Jefferson, Cocke and Sevier made up the Fifth District of the Eastern Chancery Division whose Court would be held at Dandridge on the first Monday in April and October. All this was done pursuant to the new State Constitution.
Acts of 1837-38, Chapter 116, Page 181, Section 12, rescheduled the court terms for some of the counties in the Eastern Chancery Division. The Chancery Court at Dandridge would hereafter take place on the third Monday in June and December.
Acts of 1839-40, Chapter 21, Page 42, Section 7, reset the terms of the Chancery Court in the Fifth District of the Eastern Division at Dandridge to be held on the second Monday in June and December instead of the third Monday as was formerly the case.
Acts of 1843-44, Chapter 201, Page 224, Section 2, stated that hereafter the citizens of Cocke County could elect to file their Bills in Chancery at the Chancery Court in Dandridge in Jefferson County, or at the Court in Sevierville in Sevier County.
Acts of 1847-48, Chapter 132, Page 214, Section 2, provided that all the citizens of Greene, Jefferson, and Cocke Counties could file their suits in Chancery at the Chancery Court in Greeneville or at the one in Dandridge, as they might prefer.
Acts of 1849-50, Page 347, repealed expressly such portion of Acts of 1847-48, Chapter 132, above, which allowed the filing of suits in Chancery at either Greenville or Dandridge for the citizens of Greene, Jefferson, and Cocke Counties.
Acts of 1857-58, Chapter 88, Page 96, separated the State into the Eastern, Middle, Western, Fourth, Fifth, and Sixth Chancery Divisions. The Eastern Division contained the counties of Carter, Cocke, Knox, Union, Sevier, Johnson, Greene, Washington, Sullivan, Hawkins, Claiborne, Grainger, Campbell, Hancock, Anderson, and Jefferson, whose court would meet on the second Monday in June and December at Dandridge.
Acts of 1865-66, Chapter 41, Page 66, established the terms of the Chancery Courts in the Eastern District in a post Civil War Act which assigned the counties of Cocke, Carter, Johnson, Hancock, Hawkins, Claiborne, Grainger, Greene, Sullivan, Washington, and Jefferson to the District. The Court at Dandridge would start its regular terms on the first Monday after the fourth Monday in April and October.
Acts of 1870, Chapter 32, Page 60, formed twelve Chancery Districts in Tennessee subsequent to the adoption of the 1870 Constitution. The first of those Chancery Divisions was composed of the counties of Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Hancock, Claiborne, Grainger, Jefferson, Cocke, Powell, and Hamilton.
Acts of 1870, Chapter 47, Page 81, specified the opening dates for the terms of the Chancery Court in every one of the counties in Tennessee. In Jefferson County the court at Dandridge would open on the first Monday after the fourth Monday in April and October.
Acts of 1871, Chapter 75, Page 67, declared that hereafter the Chancery Court at Dandridge for Jefferson County would be held on the fourth Monday in April and October, and all writs, bonds, and process would be made to conform to those dates.
Acts of 1873, Chapter 106, Page 141, fixed the regular terms of the Chancery Court of Jefferson County from and after November 1, 1873, to begin on the second Monday in January and July.
Acts of 1885 (Ex. Sess.), Chapter 20, Page 96, reorganized the entire lower judicial system of Tennessee into eleven Chancery Divisions. The First Chancery Division was composed of the counties of Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Hancock, Claiborne, Grainger, Jefferson, Cocke, Hamblen, and Unicoi. Court terms would commence in Jefferson County on the second Monday in January and July. (This Act was cited in Flynn v. State (1958) 203 Tenn. 341, 313 SW2d 249).
Acts of 1891, Chapter 165, Page 341, changed the terms of the opening dates for Chancery Court terms in the First Chancery Division which included the counties of Washington, Greene, Carter, Sullivan, Cocke, Unicoi, Hamblen, Grainger, Johnson, Claiborne, Hancock, Hawkins, and Jefferson where the terms were slated to begin on the second Monday in May and November.
Acts of 1899, Chapter 214, Page 458, added the counties of Sevier, Blount, and Loudon to the First Chancery Division, and the counties of Union, Campbell, Anderson, Knox, Roane, Morgan, and Scott were assigned to the new 12th Chancery Division. The Court in Jefferson County would continue to meet on the second Monday in May and November. The First Chancery Division now consisted of the counties of Johnson, Carter, Washington, Unicoi, Greene, Cocke, Sevier, Blount, Loudon, and Jefferson.
Acts of 1899, Chapter 427, Page 991, restructured the lower court system of the State. Ten Chancery Divisions were formed of which the Second Chancery Division was made up of the counties of Sevier, Blount, Loudon, Campbell, Roane, Morgan, Scott, Union, Fentress, and Jefferson whose Court would begin its regular terms on the second Monday in April and October.
Private Acts of 1901, Chapter 438, Page 1050, amended Acts of 1899, Chapter 427, above, by changing the court terms in the First Chancery Division which now included the counties of Sullivan, Johnson, Carter, Washington, Unicoi, Greene, Cocke, Jefferson, Sevier and Blount. Court terms would begin in Jefferson County on the second Monday in May and November.
Private Acts of 1905, Chapter 359, Page 754, Section 9, provided that the Judge of the Second Judicial Circuit would henceforth hold the Chancery Court of Jefferson County.

Chancery Court Clerk & Master

The office of clerk and master of the chancery court is covered by title 18, chapter 5 of Tennessee Code Annotated and mentioned in article VI, section 13 of the Constitution of Tennessee, which provides that the clerk and master will be appointed by the chancellor.

The reference below is an act which once applied to the clerk and master in Jefferson County.

Public Acts of 1982, Chapter 879, T.C.A. 16-16-203, was the authority for the Clerks and Masters who were serving as the Clerks of Probate Courts to accomplish a variety of clerical and judicial acts, during the probate of wills, or the administration of estates, some of which were not available to former Probate Clerks except by special authorization.

Court System: Circuit Court

The circuit court is the traditional trial level "law" court (as opposed to equity court) with broad civil and criminal law jurisdiction. Traditionally, the circuit courts (the "law" courts) applied the common law (case law) and the statutory law. The circuit courts continue to act as law courts, but Tennessee's statutory law has given the circuit courts concurrent jurisdiction with the chancery courts in most civil matters. Circuit courts exercise criminal law jurisdiction as well as civil law jurisdiction in most counties in Tennessee, but in some counties a separate criminal court has been established.

Jefferson County, by general law found in §16-2-506 of Tennessee Code Annotated, is part of the 4th judicial district. Title 16, chapter 10 of Tennessee Code Annotated contains the general law applicable to the circuit court. Judges and chancellors are covered by title 17 of Tennessee Code Annotated.

The following acts were once applicable to the circuit court of Jefferson County but now have no effect, having been repealed, superseded, or having failed to win local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Territorial Ordinance of 1792, which created Jefferson County, also provided that Courts would be held at the home of Jeremiah Matthews until other arrangements were made.
Acts of 1809, Chapter 49, Page 65, formed five Judicial Circuits in Tennessee. The Second Judicial Circuit embraced the Counties of Cocke, Jefferson, Sevier, Blount, Knox, Anderson, Roane, Rhea, and Bledsoe. Circuit Court would be held in Jefferson County on the third Monday in January and July each year.
Acts of 1811, Chapter 72, Page 73, repealed the Circuit Court's original jurisdiction in all cases in which the Court of Pleas and Quarter Sessions had formerly had exclusive jurisdiction and returned it to the Court of Pleas and Quarter Sessions.4. Acts of 1813, Chapter 77, Page 101, returned concurrent jurisdiction with the Court of Pleas and Quarter Sessions to the Circuit Court, gave the circuit court equity jurisdiction and provided for appeal from the Court of Pleas and Quarter Sessions to either the Circuit Court or the Supreme Court of Errors and Appeals.
Acts of 1827, Chapter 79, Page 82, gave the Circuit Judges the power to try all causes in law or equity as well as in civil and criminal cases.
Acts of 1835-36, Chapter 5, Page 38, enacted subsequent to the adoption of a new constitution, provided for at least three terms of the Circuit Court in each county every year. The State was divided into eleven judicial circuits of which the Second Judicial Circuit included the counties of Cocke, Jefferson, Sevier, Blount, Knox, Campbell, Anderson, and Morgan. Circuit Court terms would begin in Jefferson County on the third Monday in January, May, and September in Dandridge.
Acts of 1835-36, Chapter 19, Page 89, amended the former 1836 Act (Chapter 5, above) in Section 2 to rearrange the opening dates for the regular Circuit Court terms in some of the counties in the Second Judicial Circuit. Jefferson County would hold the next term of the Circuit Court on the first Monday in April next and the second term on the third Monday in September but after those terms, the courts would begin terms as specified in Chapter 5.
Acts of 1837-38, Chapter 3, Page 12, created the 12th Judicial Circuit in the State assigning to it the Counties of Cocke, Sevier, Jefferson, Grainger, Claiborne and Campbell. The Circuit Court in Jefferson County would take place in Dandridge on the first Monday in January, May, and September.
Acts of 1837-38, Chapter 116, Page 181, Section 8, rearranged the schedule for the court terms in the 12th Judicial Circuit changing Jefferson County to the third Monday in April, August, and December.
Acts of 1847-48, Chapter 16, Page 46, stated that hereafter the Circuit Court of Jefferson County would be held on the second Monday in April, August, and December, the court being kept open until it was time for the judge to move on to another county.
Acts of 1847-48, Chapter 171, Page 276, Section 6, declared that all the proceedings of the Jefferson County Circuit Court which occurred at its late term on the third Monday in December would be valid and binding in all respects and on all parties notwithstanding the fact that the present General Assembly had changed the term dates.
Acts of 1857-58, Chapter 98, Page 110, in a complete realignment of the lower court system created sixteen Judicial Circuits in the State. The Second Judicial Circuit included the Counties of Campbell, Claiborne, Union, Grainger, Sevier, Cocke, and Jefferson whose court terms would continue to start on the second Monday in April, August, and December of each year.
Acts of 1867-68, Chapter 49, Page 60, passed on February 25, 1868, repealed the Act passed on November 26, 1867, which created a Criminal Court Division in the Counties of Johnson, Carter, Washington, Sullivan, Hawkins, Greene, Cocke, Jefferson, Grainger, and Claiborne, as the Act was applied to Grainger, Jefferson, Cocke, and Claiborne Counties.
Acts of 1867-68, Chapter 90, Page 375, Section 5, created a Judicial Criminal Division containing the Counties of Johnson, Carter, Washington, Sullivan, Hawkins, Hancock, Greene, Cocke, Jefferson, Grainger, and Claiborne. The Court would begin its terms in Jefferson County on the second Monday in January, May, and September. Jurors for the Court would be supplied by the County Court and the Judge and Attorney General would first be appointed by the Governor and then elected to proper terms at the first general election occurring thereafter. This Act was repealed for Jefferson County by the one preceding it.
Acts of 1869-70, Chapter 11, Page 11, repealed in its entirety the 1867 Act which created a Criminal Division in the Circuit Courts of those Counties specified therein. Criminal jurisdiction was returned to the Circuit Courts from whence it was taken by the 1867 Act and all the proper transfers of pending litigation were directed to be made by the Clerks.
Acts of 1870, Chapter 31, Page 59, enacted subsequent to the adoption of the 1870 State Constitution provided for fifteen regular, and one special, judicial circuit in Tennessee, assigning the counties of Cocke, Jefferson, Grainger, Union, Sevier, Scott, Campbell, Claiborne, and Hamblen to the Second Judicial Circuit.
Acts of 1870, Chapter 46, Page 75, scheduled the opening dates for the regular terms of the Circuit Courts for every county in Tennessee. Jefferson County's Circuit Court would take up its docket on the first Monday in April, August, and December of each year.18. Acts of 1879, Chapter 140, Page 181, Section 2, declared that, after the next term of Court, the Circuit Court of Jefferson County would meet on a regular basis on the second Monday in April, August, and December of each year.
Acts of 1883, Chapter 149, Page 200, stated that the next term of the Circuit Court in Dandridge in Jefferson County would begin on the third Monday in April and on the second Monday in August and December, all process being made to conform to that change in date.
Acts of 1885 (Ex. Sess..), Chapter 20, Page 96, in a complete revision of the State's lower judicial system divided Tennessee into fourteen regular and one special, judicial circuits. The Second Judicial Circuit was composed of the counties of Claiborne, Campbell, Grainger, Union, Hamblen, Jefferson, Cocke, Anderson, and Sevier. Jefferson County's Court would meet on the second Monday in April, August, and December.
Acts of 1891, Chapter 152, Page 326, established a Common Law Court at New Market for the Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Thirteenth, and Fifteenth Civil Districts of Jefferson County which would be one of the courts of the Second Judicial Circuit.22. Acts of 1899, Chapter 427, Page 991, in the next major changes in the lower court system formed fourteen Judicial Circuits in Tennessee, assigning the Counties of Jefferson, Sevier, Grainger, Cocke, Hamblen, Morgan, Scott, Campbell, Anderson, Union, and Fentress to the Second Judicial Circuit. Jefferson County's Circuit Court would meet at Dandridge on the first Monday in January, May, and September, and at New Market on the second Monday in January, May, and September, and at New Market on the second Monday in same months.
Private Acts of 1903, Chapter 227, Page 496, amended Acts of 1899, Chapter 427, above, to reset the terms of the Circuit Courts in some counties of the Second Judicial Circuit. The Court in Jefferson County, (presumably at Dandridge since nothing was said about the Court at New Market) would meet on the second Monday in March, July, and November.
Private Acts of 1905, Chapter 59, Page 133, repealed the second Section of Private Acts of 1903, Chapter 227, above, which Section required that the Chancellor of the Chancery Division hold the Circuit Court terms in Fentress County. No other county was affected.
Private Acts of 1905, Chapter 477, Page 1015, rearranged the circuit court schedules for the counties of Hamblen, Cocke, Anderson, Campbell, Sevier, Grainger, Union, Morgan, Fentress, Scott, and Jefferson whose court would begin on the first Monday in February, June, and October.
Private Acts of 1907, Chapter 205, Page 750, reset the terms of the Circuit Courts in the Second Judicial Circuit changing Jefferson County to the second Monday in February, June, and October.
Public Acts of 1913, Chapter 13, changed the opening dates of the terms of the Circuit Court in Jefferson County to the fourth Monday in March, July, and November.28. Private Acts of 1917, Chapter 734, Page 2283, changed the terms of the Circuit Court in Jefferson County to begin on the third Monday in March, July, and November. All bonds and process would be made to conform to the above change.
Public Acts of 1931 (2nd Ex. Sess.), Chapter 18, Page 169, said that the Second Judicial Circuit would be made up of the counties of Cocke, Union, Sevier, Jefferson, Grainger, and Hancock. Court terms would start in Jefferson County on the third Monday in March, July, and November.
Public Acts of 1931 (2nd Ex. Sess.), Chapter 38, Page 268, was the last act of this description appearing in the volumes of Private Acts, all future changes in this area would take the form of Public Acts amending the State Code. Twenty Judicial Circuits were outlined across the State of which the counties of Cocke, Union, Sevier, Grainger, Hancock, and Jefferson constituted the Second Circuit. Court terms would commence in Jefferson county on the third Monday in March, July, and November.
Public Acts of 1951, Chapter 17, Page 56, rescheduled the opening dates for the terms of the Circuit Court in the counties of the Second Judicial Circuit listing Cocke, Union, Sevier, Grainger, Hancock, and Jefferson where the Circuit Court would commence on the fourth Monday in March, July, and November.
Public Acts of 1955, Chapter 19, Page 104, altered the court terms for some of the counties in the Second Judicial Circuit but did not affect Jefferson County.
Public Acts of 1959, Chapter 99, Page 332, also changed the terms of the Circuit Courts in the counties of Cocke, Union, Sevier, Hancock, Grainger, and Jefferson whose circuit court terms would hereafter start on the third Monday in March, July, and November, which are still in effect.

Circuit Court Clerk

The following acts have no current effect, but once applied to the Jefferson County Circuit Court Clerk. They were repealed, superseded, or never received local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1903, Chapter 255, Page 596, set the annual salary of the Circuit Court Clerks across the State according to the population class of the county in which they served. The Clerks must file an annual sworn and itemized statement with the County Judge, or Chairman, showing all the fees collected in the office. If the fees were less than the salary, the County was obligated to pay the difference, but if the fees exceeded the salary, the Clerk was allowed to retain the excess.
Private Acts of 1919, Chapter 152, Page 343, fixed the salary of the Circuit Court Clerk of Jefferson County, (identified by the 1910 Federal Census figures) at $1,080 annually, provided the Clerks would file on January 1 and July 1 a sworn, itemized statement with the County Judge, showing the total amount of fees collected in the office. If the fees were less than the salary, the County would furnish the difference, but if the fees exceeded the salary, the excess must be paid over to the Trustee.
Private Acts of 1925, Chapter 30, Page 95, set the annual salary of the Circuit Court Clerk in Jefferson County at $1,080, which would be in addition to all the fees collected in the office which the Clerk was permitted to keep as his own. This Act was repealed by the one following.
Private Acts of 1947, Chapter 350, Page 1434, provided that the Clerk of the Circuit Court in Jefferson County would be paid $1,800 each year in equal monthly installments on the first day of each month on the warrant of the County Judge, or Chairman. The Clerk was further entitled to retain as compensation all the fees collected in the office. The Act expressly repealed Private Acts of 1925, Chapter 30.

Circuit Court

Public Acts of 1975 - Chapter 304*

Section 1. Section 16-208 of Tennessee Code Annotated is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new section 16-208, to read as follows: 16-208. Second Judicial Circuit. The Circuit Court for the Second Judicial Circuit shall be held in Divisions I and II at the times mentioned as follows: Cocke County -- First Monday in January, May and September; Union County -- First Monday in February, June and October; Sevier County -- Third Monday in February, June and October; Jefferson County -- Third Monday in March, July and November; Grainger County -- Third Monday in April, August and December; Hancock County -- Second Monday in April, August and December.

Section 2. The Second Judicial Circuit shall be served by two (2) Circuit Judges. The Judges shall serve respectively as Judges of Division I and Division II of the Circuit Court. The presiding judge shall be responsible for the assignment of duties of judges within the circuit, for designation of special terms, for establishing rules of Court, for docketing and assignment of cases, both civil and criminal. Among the special responsibilities of the presiding Judge of the Second Judicial Circuit is the appointment, supervision and replacement of all appointed or designated officers of the Court, Grand Jury foremen, jury commissioners and other officers provided by law. The presiding judge shall be the chief administrative officer of the Court.

Section 3. The presently elected and serving Circuit Judge is hereby designated as Judge of Division I of the Second Judicial Circuit with the prerogatives, powers and duties vested in that Division.

Section 4. The Governor of the State of Tennessee shall within thirty (30) days after this Act shall take effect, appoint a Judge of Division II of the Second Judicial Circuit who shall hold office until his or her successor is elected and qualified in accordance with general law. Thereafter, Judges of the Second Judicial Circuit shall qualify as candidates for Division I or Division II of the Circuit and shall be elected by the qualified voters as Judge of the respective Division for which they qualified.

[Compiler's Note: Portions only of this Act are published in Tennessee Code Annotated. The Act is printed herein for the information and convenience of our readers.]

Section 5. The judges of Division I and Division II of the Second Judicial Circuit shall possess all of the rights, privileges, qualifications, emoluments, immunities, powers and jurisdiction conferred by general law on Circuit Judges of the State of Tennessee.

Section 6. Division I and Division II of the Second Judicial Circuit shall have the power to hold Court in the Counties of the Circuit irrespective of term, and may hold Court simultaneously in the same or different Counties.

Section 7. The clerks of the Circuit Court of the Second Judicial Circuit shall act as clerks for both Division I and Division II of the Circuit and shall keep such dockets, records and minutes thereof as are now or may hereafter be provided by law or Court rule for the compensation provided by law.

Section 8. All laws or parts of laws in conflict with this Act are hereby repealed.

Section 9. This Act is declared to be severable. Should any section, provision, clause or part of this Act fail for any reason, it is the legislative intent that the remainder of the Act shall continue in full force and effect.

Section 10. This Act shall take effect upon becoming law, the public welfare requiring it.

Passed: May 15, 1975.

Court System: General Sessions Court

The general statutes on courts of general sessions are found in title 16, chapter 15 of Tennessee Code Annotated. The purpose of this general law is to create a statewide system of general sessions courts, but T.C.A. §16-15-501(c) expressly provides that counties may create general sessions courts by private act, giving them both the jurisdiction and powers conferred by general law and such further jurisdiction and power as each county may require. The minimum salary of the general sessions judge is set by T.C.A. §16-15-5003. The compensation received by the general sessions court clerk is set by T.C.A. §8-24-102.

The following acts once affected the general sessions court of Jefferson County, but are no longer in effect and are included herein for reference purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Private Acts of 1955, Chapter 235, Page 776, created a General Sessions Court in Jefferson County for which accommodations and equipment would be furnished at the Court House in Dandridge by the County. The Court was given all the jurisdiction of the Justices of the Peace from whom the same was divested at the time the Judge of this Court was elected and assumed office. A cost bond of $25 was required prior to the institution of a suit in the Court. The Court, which could be held in other parts of the County, also, would be open from 9:00 a.m. to 5:00 p.m. every day except on Sundays and holidays. The Judge would be sworn, commissioned, and bonded at $5,000 and receive an annual salary of $3,600, payable monthly. The first special election for the Judge would be to hold to August, 1956, when the term would endure until 1958, whereupon the Judge would then be selected for a full eight year term. The Judge could appoint a Secretary at a salary not to exceed $900 per annum who would also be bonded for $2,000. The Sheriff was directed to wait upon the Court and serve its process. Some rules of procedure were contained in the Act. This Act was rejected by the Quarterly Court and never took effect due to the provisions of the Home Rule Amendment to the State Constitution.
Private Acts of 1959, Chapter 68, Page 236, established the General Sessions Court of Jefferson County.
Private Acts of 1961, Chapter 247, Page 890, amended Private Acts of 1959, Chapter 68, by rewriting Section 3 to vest the General Sessions Court with the authority conferred upon the Chairman of the County court by the General Assembly in matters of probate, guardianship, insanity, workmen's compensation, and juvenile cases but the act was not to be construed to divest the Chairman of any authority as Financial Agent of the County or as the presiding member of the Quarterly Court.
Private Acts of 1965, Chapter 183, Page 633, amended Private Acts of 1959, Chapter 68, Section 9, by rewriting that Section to declare that the Judge of the General Sessions Court need not be learned in the law or authorized to practice in the Courts of Tennessee. His compensation would be the same as other Judges in the fifth population classification, payable monthly. The Judge would be bonded for $5,000 for which the County would pay the premium.
Private Acts of 1969, Chapter 115, Page 483, amended Private Acts of 1959, Chapter 68, in Section 2, by removing the authority of the Justice of the Peace to issue criminal and civil warrants returnable to the General Sessions Court.

Private Acts of 1959 -- Chapter 68

Section 1. That there is hereby created and established in and for Jefferson County, Tennessee, a Court which shall be designated "Court of General Sessions of Jefferson County, Tennessee."

Court rooms and adequate facilities for said Court shall be provided in the Court House at Dandridge, and it shall be the duty of the Chairman of the County Court of said County to make provisions therefor, and to provide necessary dockets, furnishings, supplies and all necessary equipment for the proper maintenance of said Court, and the expenses of same shall be paid out of the General Fund of the County.

Section 2. That the Court of General Sessions of Jefferson County, Tennessee, is hereby vested with all the jurisdiction and shall exercise the authority conferred by the Legislature upon Justices of the Peace in civil and criminal cases, suits and actions, which jurisdiction and authority shall be co-extensive with Jefferson County, Tennessee; provided, however, nothing in this Act shall be construed to divest the Justices of the Peace of their jurisdiction until the election and qualification of a Judge for said Court as hereinafter provided. The authority of the Justices of the Peace in their capacity as members of the Quarterly Court or in the performance of the rites of matrimony, is in no wise affected by this Act.

As amended by: Private Acts of 1969, Chapter 115.

Section 3. That the Court of General Sessions of Jefferson County, Tennessee, is hereby vested with all the jurisdiction and shall exercise the authority conferred by the Legislature upon the Chairman of the County Court in Probate, Guardianship, Insanity, Workmen's Compensation and Juvenile Cases, suits and actions, which jurisdiction shall be co-extensive with Jefferson County, Tennessee, provided, however, nothing in this Act shall be construed to divest the said Chairman of his jurisdiction and authority as financial agent of said County, and as presiding member of the Quarterly Court.

As amended by: Private Acts of 1961, Chapter 247.

Section 4. That jurisdiction and authority is hereby conferred upon the Judge of the Court of General Sessions for Jefferson County, Tennessee, to grant all extraordinary process in all proper cases presented to him in which application is made therefor in all cases originating in Jefferson County, and when so granted by him will be as effective as those granted by the Judges of the various Courts of this State.

[No Section 5 was included in the document.]

Section 6. That said Court shall be in session at the Court House in Dandridge daily, except legal holidays, from 9 o'clock A.M. to 5 o'clock P.M., provided, however, the Judge shall have the power and authority to hear and determine cases at any other place in Jefferson County as he may determine to be more feasible and convenient for the parties.

Section 7. That the costs and fees and the rules of pleading and practice, forms of writs and process, stay of appeals from judgments in civil cases of said Court shall be the same as Justices of the Peace, except where specially changed by this Act, in cases in which the jurisdiction of said Justices have been divested by this Act' and that the costs and fees, rules of pleading and practice, forms of writs and process, and dockets and records in Probate, Guardianship, Insanity, Workmen's Compensation and Juvenile cases shall be the same as now required by law, except where specifically changed by this Act.

Section 8. That the criminal and civil dockets shall be kept in substantially the same form as those now required of Justices of the Peace.

Section 9. That there shall be a Judge for said court with the same qualifications, term of office, and oath as prescribed by law for Judges and Chancellors, except that such Judge need not be learned in the law and authorized to practice the law in the courts of Tennessee. His compensa¬tion shall be that as fixed by the general law of the State for Judges of the court of General Sessions in counties of the fifth class, such compensation to be paid in equal monthly installments, out of the general funds of the county. Before entering upon the duties of his office, said Judge shall be required to make a bond in the principal amount of five thousand dollars ($5,000.00), with a corporate surety, conditioned upon the faithful performance of his duties, including the proper accounting of all funds coming into his hands. The premium cost of said bond shall be paid out of the general funds of the county.

As amended by: Private Acts of 1965, Chapter 183.

Section 10. That the first Judge shall be elected by the qualified voters of the County at the election for other County officers in August, 1960, and shall take office September 1, 1960, and who shall serve until his successor is duly elected and qualified. His successor shall be elected by the qualified voters of the County at the election for judicial and other civil officers in August, 1966, and hold said office for a term of eight years as provided by law for Circuit Judges and Chancellors.

Section 11. That in the case of a vacancy for any cause the Quarterly County Court shall have the power, at any regular or special session called for such purpose, to appoint some qualified person to fill such vacancy until September 1st. following the next regular August election, at which election said vacancy for the remainder of the term shall be filled by the qualified voters of Jefferson County.

Section 12. That if the Judge of said Court fails to attend, cannot attend, or preside in a pending case, the majority of the attorneys present in such Court may elect one of their number or some other qualified person who has the qualifications of such Judge, and when so elected shall have the same authority as a regular Judge to hold Court for the session.

Section 13. That the Clerk of the Circuit Court of Jefferson County, Tennessee, is hereby authorized and directed to act as Clerk of said Court and to perform the duties thereof in all civil and criminal cases, and who shall have concurrent authority with the Judge to issue warrants and other processes and writs, other than those which the law requires shall be issued only by a judicial officer. All bail bonds, recognizance bonds and appearance bonds of persons charged with misdemeanors for their appearance for arraignment or trial in said court shall be taken by the Clerk. Said Clerk's compensation shall be Nine Hundred ($900.00) Dollars per annum, payable in equal monthly installments, the same to be paid out of the General Funds of the County.

Section 14. That the Clerk of the County Court of Jefferson County, Tennessee, shall serve as Clerk of said Court in all Probate, Guardianship, Insanity, Workmen's Compensation and Juvenile matters, who shall receive the same costs, fees and emoluments as are now allowed by law for such services.

Section 15. That all fees, commissions and emoluments occurring under the provisions of this Act to the Judge and Clerk respectively of said court, when proceeding with civil and criminal cases, shall be paid monthly to the County Trustee of Jefferson County, and shall be deposited by said Trustee in the General Fund of the County. All fines and forfeitures adjudged by said Court shall be payable to and collected by the Clerk, and be reported on, and accounted for and paid over as required by law.

Section 16. That the Sheriff of said County, or any Deputy Sheriff or Constable thereof, shall serve legal processes, writs and papers issued by said Court with the same authority as provided by law in other inferior courts.

Section 17. That the Court of General Sessions of Jefferson County, Tennessee, is hereby vested with jurisdiction and try to determine and render final judgments in all misdemeanor cases brought before said court by warrants or information wherein the person charged with such misdemeanor offenses enters a plea of guilty or requests a trial upon the merits, and expressly waives an indictment, presentment and a Grand Jury investigation, and a jury trial. In such cases the trial shall proceed before the Judge and without a jury. The final judgment of such Court may be appealed to the Circuit Court of Jefferson County, where such appeal shall be tried by a Judge of such court without a jury, and without indictment or presentment.

As amended by: Private Acts of 1980, Chapter 178.

Section 18. That it shall be mandatory duty of the Judge of said Court where a defendant is brought before such court upon arraignment or trial, to advise such defendant of his constitutional right to the aid of a counsel, the right to be tried only upon presentment or indictment by a Grand Jury, the right to make a statement to the accusation or the right to waive such statement, and the right to a trial by a jury. Upon the defendant agreeing in writing to waive the right to be tried by a jury of his peers, such court may proceed to hear and determine said case. Said waiver shall be in writing, signed by the defendant, written on or attached to the warrant, and in the form and of contents substantially as follows.

Section 19. That said Court shall have authority to hear and determine all undisposed of cases arising in the Courts of Justices of the Peace of Jefferson County, Tennessee, as if said cases had originated in said Court of General Sessions, and said Court shall have power and authority to issue executions and other final process on judgments rendered by Justices of the Peace.

Section 20. That this Act shall in no wise impair the right, title or interest of any Justice of the Peace of Jefferson County, Tennessee, to any unpaid fees, or fund in which he had a right or interest in any proceedings, judgment or suit, whether said cause is disposed of or pending when this Act becomes effective. That the official dockets, records and papers in possession of the Justices of the Peace of said County shall be turned over to Jefferson County on the date this Act becomes effective.

Section 21. That the Legislature expressly declares that each section, subsection, paragraph and provision of this Act is severable, and that should any portion of this Act be held unconstitutional or invalid, the same shall not effect the remainder of this Act, but such unconstitutional or invalid portion shall be elided, and the Legislature declares that it would have enacted this Act with such unconstitutional or invalid portions elided therefrom.

Section 22. That all laws or parts of laws in conflict with the provisions of this Act be, and they are hereby, repealed as of the date this Act becomes effective.

Section 23. That this Act have no effect unless the same shall have been approved by two-thirds vote of the Quarterly County court of Jefferson County, Tennessee, at any regular or called session occurring within one year subsequent to its approval by the Chief Executive of this State. Its approval or non-approval shall be proclaimed by the presiding officer of the body having jurisdiction to approve or the reverse, and shall be certified by him to the Secretary of State. Upon such approval of this Act by the Quarterly County Court of Jefferson County, Tennessee, the enactment of this Act shall not affect the present terms of offices of the Justices of the Peace and the Chairman of the County Court of Jefferson County as now existing and as to them and their powers and duties this Act shall take effect September 1, 1960, but for all other purposes from and after its passage and approval as hereinbefore set out, the public welfare requiring it.

Passed: February 19, 1959.

Court System: Juvenile Court

The Juvenile Court Restructure Act of 1982, as amended, is codified in Tennessee Code Annotated §§37-1-201 through 37-1-214. Its purpose is to provide adequate juvenile court services in every county.

Tennessee Code Annotated §37-1-203 provides that the general sessions courts shall exercise juvenile court jurisdiction except in counties or municipalities wherein juvenile courts are specially provided for by law.

Special juvenile courts may be created by law (private act) to exercise juvenile court jurisdiction in a county or in contiguous counties. Counties must provide funding for such special juvenile courts. T.C.A. §37-1-205.

Clerks of general sessions courts are required to maintain separate minutes, dockets, and records for all juvenile matters in those counties in which the general sessions court is also the juvenile court. T.C.A. §37-1-210. The clerk of a special juvenile court is a duly elected clerk of another court in the county designated by resolution of the county legislative body, except where a duly elected clerk is provided by law (private act or charter). Clerks of the special juvenile courts are given the same duties, authority and obligations provided for clerks of other courts of record. T.C.A. §37-1-211.

Tennessee Code Annotated §37-1-159 provides that the juvenile court shall be a court of record. Any appeal from final disposition of a case, except the transfer of a child to be dealt with as an adult under T.C.A. §37-1-134, may be made to the circuit court for a trial de novo.

The following acts once affecting juvenile courts in Jefferson County are included herein for reference purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Public Acts of 1981, Chapter 120, T.C.A. §37-1-102(4)(A)(ii) lowered the age from 21 to 19 years in the definition of a child under juvenile court jurisdiction.
Public Acts of 1982, Chapter 882, established time limits for the detention of an unruly child, T.C.A. §37-1-114, and considerations for the disposition of an unruly child, T.C.A. §37-1-132.
Public Acts of 1983, Chapter 88, T.C.A. §37-1-107, makes the recommendation of a Juvenile Court Referee the decree of the Court pending rehearing unless the Judge orders otherwise.
Public Acts of 1983, Chapter 387, T.C.A. §37-1-505, provides that the county shall pay the expenses of a Juvenile Judge attending training sessions if the State does not pay.
Public Acts of 1983, Chapter 408, T.C.A. §37-1-116, provides that after January 1, 1985 no juvenile may be detained or placed in a facility for detention of adults, except in certain circumstances.
Public Acts of 1983, Chapter 453, T.C.A. §37-1-104, grants concurrent jurisdiction to Juvenile Courts to order support for minor children.
[Compiler's Note: This chapter does not authorize a juvenile court to assume jurisdiction if another court with concurrent jurisdiction has assumed jurisdiction for the purpose of ordering such support.]

Election District Reapportionments

The general provisions concerning county organization are found in title 5, chapter 1 of Tennessee Code Annotated. Section 5-1-101 enumerates the counties and §5-1-108 deals with the apportionment of the county legislative bodies into a maximum of twenty-five county commissioner districts within each county that is not under a metropolitan government charter. Under T.C.A. §5-1-111, the county legislative bodies must make necessary district boundary changes or completely redistrict a county so that the members represent substantially equal populations based on the most recent federal census at least every ten years. Upon application of any citizen affected, the chancery court of such county has original jurisdiction to review and amend the apportionment or to order an apportionment where none has been made.

Maps and legal descriptions of the boundaries of the county commissioner districts may be found in one of the following offices: County clerk, the county election commission, the state coordinator of elections, secretary of state, and the division of local government, office of the comptroller of the treasury.

Civil districts by that name are no longer used as district boundaries for election of legislative body members. These civil district boundaries have been left undisturbed as they existed prior to the first reapportionment of the quarterly county courts for real property record-keeping purposes only. T.C.A. §5-1-112.

The acts listed below have affected the civil districts in Jefferson County, but are no longer operative regarding elections. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1835-36, Chapter 1, Page 19, required the Tennessee General Assembly by Resolution to appoint suitable people to lay out the civil districts in each county according to the population of 1833. Each County having 3,000, or more, qualified voters would have 25 civil districts, between 2500 and 3,000 voters, 20 civil districts, dropping off in equal segments down to five civil districts. Two Justices of the Peace and one Constable would be elected in each District except the one containing the county seat which would have three Justices of the Peace and two Constables. The Commissioners were instructed to take advantage of all natural barriers and boundaries in laying out the Districts. John Rosser, Jonathan Woods, Joseph B. M. Reese, Daniel Meek, and Robert McFarland, Jr. were named as the Commissioners in Jefferson County.
Private Acts of 1903, Chapter 431, Page 1228, abolished the First, Third, Fourth, Seventh, Ninth, Eleventh, Thirteenth, Fourteenth, Fifteenth, Sixteenth, and Nineteenth Civil Districts in Jefferson County and created seven new Civil Districts composed of the old whole civil districts and stipulated that none but the General Assembly could change them in the future.
Private Acts of 1905, Chapter 236, Page 508, amended Private Acts of 1903, Chapter 431, above, to make the Third Civil District coincide with the old Twelfth Civil District, to make the Eighth Civil District contain the old Third, Seventeenth, and Nineteenth Civil District. The old Thirteenth Civil District was divided by adding the area described in the Act to the Fourth Civil District and leaving the remainder as it was then designated.

Elections

Elections in Tennessee are now governed by the general statutes found in Tennessee Code Annotated title 2, chapters 1 through 19. Of particular interest to county officials is chapter 12, which covers the county election commission. The employment of administrator of elections and deputies by the county election commission is authorized by T.C.A. §2-12-201.

Title 3, chapter 1 of Tennessee Code Annotated reapportions the state into senatorial and representative districts for the general assembly.

Tennessee Code Annotated §3-1-102 places Jefferson County in the 4th state senatorial district (along with Claiborne, Grainger, Hancock, Hawkins, and Union counties), while T.C.A. §3-1-103 places it in the 35th representative district. Jefferson County is part of the 1st U.S. congressional district, under the provisions of T.C.A. §2-16-103.

The following is a listing of acts for Jefferson County which affected the elective process, but which have been superseded or repealed. They are listed here for historical and reference purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1796, Chapter 1, Page 1, provided for three U. S. Congressmen from Tennessee, one from each of the districts of Washington, Hamilton, and Mero. The votes in the Hamilton District to which Jefferson County was assigned would be counted in Knoxville.
Acts of 1796, Chapter 4, Page 9, named the Presidential Electors in each county for the upcoming election of the President and Vice President of the United States. In Jefferson County ANDREW HENDERSON and JOSIAN JACKSON (?) would act as Presidential Electors.
Acts of 1796, Chapter 10, Page 27, set the number of Tennessee Representatives in the United States Congress at two, one from the Halston District of the Washington and Hamilton Districts and one from the Cumberland District of Mero. The election would be on the first Thursday in August and the succeeding day. The Sheriff in each county would count and certify the votes in that county.
Acts of 1798, Chapter 16, Page 40, fixed the number of Senators in the Tennessee General Assembly at twelve and the number of Representatives at twenty-four. Four Senators and eight Representatives were allotted to each of the Washington, Hamilton and Mero Districts. Jefferson County and Cocke County would elect one Senator between them and Jefferson County would elect one Representative alone.
Acts of 1799, Chapter 46, Page 107, named the people in each county in Tennessee who would meet to elect the three Presidential Electors to which the state was entitled. In Jefferson County in the Hamilton District those named were CHRISTOPHER HAYNES, ANDREW HENDERSON, and THOMAS SNODDY.
Acts of 1801, Chapter 43, Page 102, provided for the election of three U. S. Congressional Representatives, one each from the Districts of Washington, Hamilton, and Mero. The votes in the Hamilton District, which included Jefferson County, would be corrected and confirmed at Knoxville.
Acts of 1801, Chapter 83, Page 815, amended an act which authorized the musters of the militia to be held at Major Robert McFarland's house in Jefferson County so that the elections for U. S. Congressman, Governor, and all other elections under the general election laws would take place at the same location.
Acts of 1803, Chapter 24, Page 66, established five Presidential Electoral Districts in Tennessee of which the Second District contained the counties of Hawkins, Claiborne, Grainger, Jefferson, and Cocke. The votes cast in Jefferson County would be canvassed and certified in Dandridge.
Acts of 1805, Chapter 64, Page 65, apportioned the General Assembly for representatives from the counties. Jefferson County and Cocke County would jointly elect one of the thirteen Senators while Jefferson would have one of the 26 Representatives alone.
Acts of 1807, Chapter 74, Page 124, divided Tennessee into five Presidential Electoral Districts for the 1808 Presidential Election. The second district consisted of the counties of Grainger, Jefferson, Claiborne, Cocke, Sevier and that part of Campbell County voting in Claiborne County. The votes in Jefferson County would be compared at the Mossy Creek Iron Works.
Acts of 1809, Chapter 1, Page 3, set up the election of three U. S. Congressional Representatives in the state, one from the Washington District, one from the Hamilton District, and one from the convened districts of Robertson, Winchester, and Mero, all of whom would serve two year terms. The returning officers for the Hamilton District which contained Jefferson County would meet at Knoxville again.
Acts of 1812, Chapter 5, Page 6, established eight Presidential Electoral Districts in Tennessee for the Presidential election to be held on the first Thursday and Friday in November, 1812. The counties of Cocke, Jefferson, Sevier, Grainger, and Claiborne made up the Second Electoral District.
Acts of 1812, Chapter 27, Page 23, divided the state into six U. S. Congressional Districts. The Second U. S. Congressional District contained the counties of Jefferson, Grainger, Claiborne, Knox, Sevier, Blount and Cocke.
Acts of 1812, Chapter 57, Page 56, increased the representation in the General Assembly of Tennessee for the first time to twenty Senators and forty Representatives. Jefferson County and Cocke County would unite to elect one Senator and the votes were to be counted at JOHN SEABORNE'S house in Jefferson County. Jefferson County would choose one representative for its own.
Acts of 1813, Chapter 11, Page 21, provided for separate elections in Jefferson County whenever field officers were to be elected in the county at those places used for other elections. The Sheriff was obligated to hold them and the votes were to be counted at Dandridge.
Acts of 1815, Chapter 31, Page 33, set up eight Presidential Electoral Districts in the state with the same counties assigned to each District which were enumerated in the previous act. This arrangement was for the Presidential election of the first Thursday and Friday in November, 1816.
Acts of 1819, Chapter 69, Page 135, provided that Greene County and Jefferson County would combine to elect one of the 20 State Senators, the polls being counted at Warrensburg, and Jefferson County alone would elect one Representative out of the 40.
Acts of 1820, Chapter 52, Page 56, expressly repealed an election law of 1813 (probably Chapter 11, above) which authorized separate elections regarding the militia in certain counties.
Acts of 1820, Chapter 93, Page 88, declared that the Sheriff, or his Deputy, on the regular election days would hold a separate election at New Market north of Bay's Mountain and between Panther Creek and the Knox County line. It would be lawful for everyone living in that area to vote here, and the returns were to be sent to Dandridge to be counted and certified.
Acts of 1822, Chapter 1, Page 5, established nine U. S. Congressional Districts in Tennessee. The Second Congressional District included the counties of Grainger, Claiborne, Cocke, Jefferson, Knox, Sevier, and Blount.
Acts of 1823, Chapter 47, Page 54, organized Tennessee into eleven Presidential Electoral Districts, assigning the county of Cocke, Sevier, Jefferson, Grainger, Claiborne, and Campbell to the Second District. The election would take place on the first Thursday in October, 1824, and the returning officers were to meet at Rutledge.
Acts of 1824, Chapter 1, Page 5, was identical with Acts of 1823, Chapter 47, above, except that the dates mentioned for the Presidential election were the first Thursday and Friday in November, 1824, and obvious correction of an error in the 1823 law.
Acts of 1826, Chapter 3, Page 4, assigned the counties of Jefferson, Grainger, Claiborne, and Campbell as one of the 20 State Senatorial Districts whose election returns would be processed at Rutledge, and Jefferson County would select one of the 40 Representatives alone.
Acts of 1827, Chapter 17, Page 13, delineated the State into eleven Presidential Electoral Districts placing the counties of Cocke, Jefferson, Sevier, Grainger, Campbell, and Claiborne in the Second Electoral District. The Election would occur on the second Thursday and Friday in November, 1828, and the votes would be canvassed and certified at Rutledge.
Acts of 1832, Chapter 4, Page 14, established 13 U. S. Congressional Districts in the State of Tennessee of which the first Congressional District was composed of the counties of Carter, Greene, Washington, Cocke, and Jefferson.
Acts of 1832, Chapter 9, Page 18, set up fifteen Presidential Electoral Districts in the state for the Presidential Election to be held on the first Monday and Tuesday in November, 1832 the first Electoral District was made up of the counties of Carter, Washington, Greene, and Jefferson.
Acts of 1833, Chapter 41, Page 48, created a separate election precinct at the house of WILLIAM HILL, Esq., in Jefferson County, for all the elections to be held under the general law of the state.
Acts of 1833, Chapter 71, Page 85, reapportioned the representation of 20 Senators and 40 Representatives in the General Assembly of the state. The counties of Cocke, Jefferson, Grainger, and Claiborne would jointly elect one State Senator and count the votes at the house of ODADIAH BOAZ, in Grainger County. Jefferson County and Cocke County would share one Representative and the polls in this election would be compared at the house of HENRY JONES at the forks of the road in Jefferson County.
Acts of 1833, Chapter 76, Page 94, called for a constitutional convention of 60 delegates who would be elected on the first Thursday and Friday in March and would meet in Nashville on the third Monday in May, next, to revise amend, or alter the former constitution, or enact a new one for the state. The counties of Campbell, Claiborne, Grainger, and Jefferson would compose one District and elect three delegates to the convention. Polls were to be returned and certified at Rutledge.
Acts of 1835-36, Chapter 39, Page 137, enacted pursuant to the adoption of the new state constitution, divided Tennessee in to 15 Presidential Electoral Districts. The first Electoral District was comprised of the counties of Carter, Washington, Greene, and Jefferson.
Acts of 1839-40, Chapter 79, Page 162, stated that hereafter in Tennessee each Congressional District would likewise be a Presidential Electoral District.
Acts of 1842, Chapter 1, Page 16, raised the number of Senators in the Tennessee General Assembly to 25, and the number of Representatives to 50. Grainger County, Jefferson County, and Claiborne County would share one State Senator, and Jefferson County would elect one Representative alone.
Acts of 1842, Chapter 7, Page 30, organized the state into eleven U. S. Congressional District. The second Congressional District included the counties of Jefferson, Grainger, Claiborne, Campbell, Anderson, Morgan, Sevier, Blount, and Monroe.
Acts of 1847-48, Chapter 101, Page 155, provided that each Congressional district in the state would likewise be a Presidential Electoral District in the upcoming Presidential Election to select a President and Vice-President of the Country.
Acts of 1851-52, Chapter 196, Page 293, created ten U. S. Congressional Districts in the state designating the counties of Johnson, Carter, Sullivan, Washington, Hawkins, Greene, Cocke, Jefferson, Hancock, and Sevier as the first Congressional District.
Acts of 1851-52, Chapter 197, Page 295, in this apportionment of the representation in the General Assembly assigned Hawkins County, Hancock County, and Jefferson County to one State Senatorial District whose votes would be counted and processed at Rogersville. Jefferson County would elect one Representative alone and share another with Hawkins County and Hancock County.
Acts of 1865, Chapter 34, Page 52, divided Tennessee into only eight U. S. Congressional Districts in this post Civil War Act. The first Congressional District contained the counties of Johnson, Carter, Sullivan, Washington, Hawkins, Hancock, Greene, Cocke, Jefferson, Grainger and Sevier.
Acts of 1869-70, Chapter 105, Page 118, was the enabling legislation for a referendum to be held on whether or not a constitutional Convention should be called which would consist of 75 delegates elected from the Representative and Senatorial Districts of the state. The said Convention, if authorized, would convene in Nashville on the second Monday in January, 1870, to alter, amend, change, or rewrite the 1834 Constitution.
Acts of 1871, Chapter 146, Page 171, reapportioned the General Assembly pursuant to the new 1870 Constitution and the 1870 Federal Census. Jefferson County would elect one Representative alone and be a part of the third Senatorial District with Cocke County, Sevier County, and Blount County.
Acts of 1872, Chapter 7, Page 28, formed nine U. S. Congressional Districts in Tennessee designating the counties of Sevier, Knox, Jefferson, Anderson, Campbell, Scott, Morgan, Fentress, Cumberland, White, Putnam, Overton, Jackson, Smith, Macon, and Clay as the second U. S. Congressional District.
Acts of 1873, Chapter 27, Page 52, divided Tennessee into ten U. S. Congressional Districts. The second district included the counties of Jefferson, Sevier, Blount, Monroe, Loudon, Roane, Knox, Anderson, Campbell, Scott, Morgan, and Union.
Acts of 1881 (Ex .Sess.), Chapter 5, Page 9, set the number of Senators at 33, and the number of Representatives at 99, on a permanent basis.
Acts of 1881 (Ex. Sess.), Chapter 6, Page 10, reapportioned the General Assembly based upon the above Act which increased the members and upon the 1880 Federal Census figures. Jefferson County would choose one Representative alone and share a State Senator with the counties of Sevier, Cocke, and Hamblen.
Acts of 1882, Chapter 27, Page 34, formed the state into nine U. S. Congressional Districts. The second Congressional District was composed of the counties of Jefferson, Union, Sevier, Blount, Knox, Loudon, Roane, Anderson, Morgan, Campbell, and Scott.
Acts of 1891, Chapter 131, Page 293, provided for ten U. S. Congressional seats in Tennessee based upon the 1890 census. The second Congressional District consisted of the counties of Jefferson, Union, Sevier, Blount, Knox, Loudon, Roane, Anderson, Morgan, Campbell, and Scott.
Acts of 1891 (Ex. Sess.), Chapter 10, Page 25, allotted Jefferson County one Representative in the General Assembly above, and assigned the county to the fifth Senatorial District with Knox County, Cocke County, and Sevier County.
Acts of 1901, Chapter 109, Page 151, divided the state into ten U. S. Congressional Districts of which the counties of Hamblen, Jefferson, Knox, Blount, Loudon, Roane, Scott, Anderson, Campbell, and Union composed the second Congressional District.
Acts of 1901, Chapter 122, Page 182, was the last apportionment of the Tennessee General Assembly for the next sixty years, or more. The fourth State Senatorial District contained the counties of Cocke, Hamblen, Jefferson, Sevier, and Blount, and the counties of Jefferson and Hamblen would share a State Representative.
Private Acts of 1911, Chapter 581, Page 1741, amended Acts of 1890, Chapter 24, so as to make its provisions applicable to Jefferson County by inserting the appropriate population figures in the proper places of the amended Act. No registration of voters however, would be a prerequisite to voting in Jefferson County. The Election Commissioners were obliged to appoint two Registrars for each precinct who would possess the same qualifications specified in the 1890 Act.
Private Acts of 1917, Chapter 496, Page 1548, amended Private Acts of 1911, Chapter 581, above, by adding at the end of Section 4 a provision that any voter who could not mark his ballot would notify the officer holding the election to that effect and the officer could proceed to mark the ballot in the presence of the Judges of the election precinct and a person selected by the voter, and the officer would sign his name as having marked the ballot. Any violation of this Act could produce fines from a $10 minimum to a $50 maximum.
Private Acts of 1929, Chapter 35, Page 63, stated that in Jefferson County (identified by the use of the 1920 population figures) each officer, Judge, Clerk, Registrar, and marker who assists in the holding of any election, regular or special in any district, or precinct, would be paid $2.00 per day for each election so participated in, in the manner now prescribed by law.
Private Acts of 1929, Chapter 593, Page 1632, declared that in any election in Jefferson County any voter, who declared to the officer and Judges holding the election that by reason of blindness, or other physical impairment, he was unable to mark the ballot, would be given assistance by the election officer who would mark the ballot as directed by the voter in the presence of the Judges and certify on the outside of the ballot that the same was so marked with his assistance. Neither the Judges nor the officer, would be required to reveal how the ballot was marked to anyone.
Private Acts of 1953, Chapter 274, Page 895, recited in the preamble of the Act that numbers of people in the sixth Civil District of Jefferson County work in Knoxville and Mascot and cannot return to their homes in time to vote during normal election hours, therefore, this act fixed the hours of the polling precincts in the sixth Civil District at a 9:00 a.m. opening and a 7:00 p.m. closing instead of closing at 4:00 p.m.

Private Acts of 1903, Chapter 431, Page 1228, abolished the First, Third, Fourth, Seventh, Ninth, Eleventh, Thirteenth, Fourteenth, Fifteenth, Sixteenth, and Nineteenth Civil Districts in Jefferson County and created seven new Civil Districts composed of the old whole civil districts and stipulated that none but the General Assembly could change them in the future.

Private Acts of 1905, Chapter 236, Page 508, amended Private Acts of 1903, Chapter 431, above, to make the Third Civil District coincide with the old Twelfth Civil District, to make the Eighth Civil District contain the old Third, Seventeenth, and Nineteenth Civil District. The old Thirteenth Civil District was divided by adding the area described in the Act to the Fourth Civil District and leaving the remainder as it was then designated.

Highways & Roads

The following is a listing of acts which once had some effect upon the county road system in Jefferson County, but which are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1821, Chapter 6, Page 10, was a general law of the State which required the County Courts of all the counties to index and classify the public roads therein. The three classes of roads ranged in width from the stage road to one wide enough to pass horses and riders on the way to mill or market. Penalties were provided for failure to comply with this Act, and for wilful obstruction of a public road. (Although earlier Acts were aimed in this direction, this was the first comprehensive general road law, the harbinger of the current statutes which have produced Tennessee's enviable road network.)
Acts of 1835-36, Chapter 2, Page 18, named John Fain, Shadrack Inman, and Caswell Lea, all of Jefferson County, who were joined by several others named from surrounding counties, as Commissioners to sell stock in the Tennessee and Coosa Railroad Corporation as the same was then incorporated with an authorized capital stock of $500,000. This railroad would run between the Tennessee and Coosa Rivers.
Acts of 1837-38, Chapter 239, Page 354, Section 18, appointed William Brazleton, William Dick, Jacob P. Chase, Henry Powell, Jacob Smith, John Fain, Shadrach Inman, John Roper, Samuel Martin, Theoderick J. Bradford, Joseph Hamilton, William Moore, Robert H. Hynds, Caswell Lea, Russell Birdwell, Alexander Hays, George Gregory, Senior, David R. Graham, Henry Smith, Isaac Moore, Charles T. P. Jarnigan, and Gideon Rogers, all of Jefferson County, and an additional twelve citizens were named from Cocke County, to be the Commissioners of a turnpike starting at New Market, in Jefferson County, and running through Dandridge to Newport, in Cocke County, and one to the North Carolina line. Capital stock was authorized at $150,000.
Acts of 1847-48, Chapter 156, Page 245, provided that any person who was a resident and citizen of Cocke County, Jefferson County, or Sevier County, could contract with William C. Story, the proprietor of the Newport Turnpike Company to perform work and labor on the said road or pay the equivalent of the same where such a person passed the toll gate erected on the said road to collect tolls.
Acts of 1851-52, Chapter 191, Page 277, Section 20, provided that so much of this Act which permitted the Counties of Lawrence, Maury, Williamson, and Davidson to subscribe to and take stock in railroads, and to issue the bonds of the County to pay for the stock was in like manner and to some extent made to apply also to the Counties of Jefferson, Greene, Hawkins, Washington, Carter, Sullivan, Grainger, and Warren.
6. Acts of 1853-54, Chapter 323, Page 761, Section 13, gave to the counties of Claiborne, Anderson, Campbell, Jefferson, and Grainger all the rights and privileges conferred by this Act upon other counties to subscribe to the stock of any railroad which might run through their respective counties, and along with them granted the counties the authority to issue and sell their bonds in order to pay for the said stock.
Acts of 1855-56, Chapter 61, Page 68, gave the counties of Cocke, Jefferson, Grainger, and Hancock the same power and authority to take stock in the Cincinatti, Cumberland Gap, and Charleston Railroad, or in any other railroad whose lines ran into their respective counties and to issue their bonds, if necessary, to pay for the same. The entire program, however, hinged upon approval of the same through a referendum election.
Acts of 1855-56, Chapter 121, Page 147, was the legal authority for the formation of a company to construct a railroad, macadamized turnpike, or a plank road, from Strawberry Plains, by way of Dandridge, to Newport, in Cocke County. A capital stock of $200,000 was authorized the sale of which would be supervised by a commissioner named in each involved county for that purpose.
Acts of 1859-60, Chapter 60, Page 269, assigned to the Jefferson County Quarterly Court the duty to apportion the bonds sold to keep up the different roads in the county and stipulated further that no changes were to be made in the program, once adopted, except at the July term of court.
Acts of 1865-66, Chapter 88, Page 252, Section 44, incorporated William Galbraith, William Harris, and George Elliott, with all the rights and privileges of similar corporations, as the "New Market, Dandridge, and Newport Turnpike Company" to build a road, graveled or macadamized, from New Market, in Jefferson County, through Dandridge and on to Newport in Cocke County.
Acts of 1866-67, Chapter 23, Page 69, Section 14, named and appointed E. A. Sawyers, James H. Walker, John B. Minnis, and John L. Foust, as additional incorporators and commissioners of the New Market, Dandridge, and Newport Turnpike Company.
Acts of 1866-67, Chapter 67, Page 192, formed the Dandridge Railroad Company to establish a railroad communication running from the French Broad River and the East Tennessee and Virginia Railroad Company to the town of Dandridge and connecting at or near Mossy Creek, or New Market. Samuel N. Fain, John R. Branner, James Meet, William Galbraith, William Harris, J. C. Cawood, Robert Birchfield, and James P. Swann were named and authorized to sell stock in the said company up to $150,000. When $40,000, or more, had been subscribed and paid in stock, the company could be organized according to conditions mentioned in this Act. The company, when organized, was given the authority to acquire the necessary rights or way. Jefferson County had the power to buy stock in the said company if it was desired to do so.
Acts of 1867-68, Chapter 56, Page 119, repealed the 11th Section of the Act incorporating the Dandridge Railroad Company, above. The sum of $20,000 which was previously appropriated to the Tennessee and Pacific Railroad Company was hereby reinvested and appropriated to the New Market, Dandridge, and Newport Railroad Company, for the same purposes which were mentioned in the repealed Act. The Act named Robert W. Pierce, Jonothan Lawrence, George W. Pierce, David Grant, Calloway Thornburg, James M. Meek, Henry Hall, and John Henry, as additional incorporators and commissioners for the company.
Acts of 1871, Chapter 18, Page 19, expressly repealed the 1860 Act which apportioned the road hands in Jefferson County to keep up the public roads. (No Chapter was cited in the Act and none could be found which was enacted in 1860.)
Acts of 1899, Chapter 54, Page 76, was enabling legislation for the Jefferson County Quarterly Court, at such places as they might deem to be in the best interests of the public, to purchase all boats and equipment necessary, and to employ the necessary labor to transport all persons and their efforts across the said public streams of the county at no charge to them. All costs were to be paid out of the public treasury on the warrant of the County Chairman but nothing herein would deprive any owner of banks, or ferries, of any right to keep their boats running as before.
Acts of 1901, Chapter 136, Page 237, was a general road law applicable to every county in Tennessee under 70,000 in population according to the 1900 Federal Census. The County Court was directed to select one Road Commissioner from each Road District in the County, the Road Districts being commensurate with the Civil Districts, to serve a term of two years. The Road Commissioner must be sworn, bonded, and be in charge of all the roads, bridges, road hands, tools, and materials assigned, or used, in that area, and be compensated at the rate of $1.00 per day up to ten days in each one year period. The Quarterly Court would fix the number of days between five and eight for the road hands to work, and set the price of one-day's labor on the road. The Court was further empowered to levy a general road tax of two cents per $100.00 property valuation for each day the road hands were required to work. The Road Commissioners would name and supervise the Road Overseers in their Districts who would be in immediate charge of a section of road, work the number of days of compulsory labor as anyone else and then be paid up to $6.00 each year for extra work. All able-bodied males outside of cities between the ages of 21 and 45 were subject to compulsory road work. The Commissioners would dispose of petitions to open, close, or change roads, would index and classify the roads in their Districts, and see that their roads met the basic specifications in the Act. (This Act was involved in the case of Carroll v. Griffith (1906), 117 Tenn. 500, 97 SW 66.)
Private Acts of 1905, Chapter 478, Page 1016, amended Acts of 1901, Chapter 136, above, in several minor particulars, but principally in the methods of acquiring rights of way, especially when the power of eminent domain was to be used to secure it.
Private Acts of 1915, Chapter 649, Page 2121, was the first general road law for Jefferson County. The Act required the Quarterly Court to elect three Road Commissioners at its first term after the passage of this Act, one to serve two years, one to serve four years, and one to serve six years, after which each member would serve six years. The Commissioners would be paid no compensation other than their proven expenses. The Commissioners must meet the specified qualifications and be sworn into office. They would have an office in the Court house, make all the essential rules and regulations, and be in overall charge of the public roads in the County. The Commissioners could hire and fire a Road Superintendent, who must be experienced in road building, at a salary not to exceed $1500 per year, payable monthly, plus his out of pocket expenses in the discharge of his duties. The Superintendent must be sworn and bonded, must devote full time to the duties of his position, act as the Secretary to the Commission and keep accurate records of all transactions. He would be in immediate charge of the Road Department and its employees. Workhouse prisoners could be worked on the roads under the supervision of the Sheriff. The Quarterly Court could levy a general road tax of twenty to thirty cents in the county and ten to twenty cents in the cities. Males, outside cities, between the ages of 21 and 50 must work five days on the county roads or pay fifty cents for each day missed. All road districts and District Commissioners were abolished. The Road Superintendent would handle requests to open, close, or change roads. Penalties were set up for violations of this Act.
Private Acts of 1917, Chapter 386, Page 1180, repealed Private Acts of 1915, Chapter 649, above, and authorized the Quarterly Court to divide the County into three Road Districts and select one Road Commissioner from each one of the Districts who met the qualifications in the Act. The Commissioner would be in charge of all the public roads and bridges in the District and be paid $500 annually as compensation. The Commissioner could set the days between five and seven which all males outside of cities and between the ages of 21 and 50 would be required to work on the county roads, or pay $1.00 as a commutation fee for each day missed therefrom. Commissioners could appoint road overseers for each Section of road who would be paid $1.00 for each day of extra work but no more than $3.00 each year. All roads were to be classified and indexed. A general road tax of 20 cents to 40 cents per $100 property valuation could be levied in the county and a tax of 10 cents to 25 cents could be imposed in the cities, which would be divided between the Districts as nearly equal as possible. The Commissioners would decide upon the disposition of petitions to open, close, or change roads. The Quarterly Court could suspend, or dismiss, commissioners who were also to be sworn and bonded. Prisoners in the county workhouse could be worked on the roads under certain conditions.
Private Acts of 1919, Chapter 246, Page 611, with only a general repealing clause, created a three member Board of Pike Maintenance Commissioners to serve original staggered terms as they were appointed by the Quarterly Court who would also fill vacancies as they might occur. The Act named J. B. Huff, W. C. Lyle, and A. H. Moore, as the first commissioners to serve under this Act. Commissioners must be between the ages of 25 and 60, be of good moral character and sound business judgment, must be sworn into office, and would be paid up to $3.00 a day, but for no more than four days each year, plus expenses. The Commissioners were to be in charge of all roads and bridges except river bridges. The Board could employ a Road Superintendent, who must be trained and efficient in the art of road building and maintenance, who would be in immediate charge of the Road Department, sworn into office and bonded, devote full time to the job, keep accurate records of all the transactions of the Department and be paid up to $1500 annually, plus reasonable expenses. The jail was declared to be a workhouse and al the able bodied prisoners could be worked on the county roads. All males between ages of 21 and 50, outside of cities, were obliged to work five days each year on the public roads, or pay $1.25 per day as a commutation fee. All requests to open, close, or change the routes of roads must be filed with the Board for their decision. A general road tax could be levied of no less than twenty cents and no more than forty cents per $100 property valuation. Any condemnation proceedings could be appealed to the Circuit Court. The Superintendent must file an annual report covering all the activities of the road department during that period of time.
Private Acts of 1919, Chapter 247, Page 621, was the legal authority in Jefferson County (identified by the 1910 Federal Census figures) for the Quarterly Court to elect a Road Commissioner in each Civil District who would have the general supervision over all the roads in the District and serve one year at a compensation not to exceed $20. They would appoint road overseers in their Districts as their good judgment would dictate who was compelled to work as such overseer but no more than three days in one week. The commutation rate was set at $1.25 per day. The Commissioner of the District would hear and dispose of all requests to open, close, or change the roads arising in that particular District. The Quarterly Court had the authority to levy a general road tax of no less than five cents nor more than fifteen cents per $100 to be kept separate from other tax money and devoted to the purposes of this Act. The Commissioners were responsible for all the tools, materials, and equipment used in the District and could be disciplined for wilful neglect of duty.
Private Acts of 1919, Chapter 527, Page 1544, amended Private Acts of 1919, Chapter 246, Item 20, above, to name J. B. Huff, W. C. Lyle, and A. H. Moore, as the first Board of Pike Maintenance Commissioners which was originated under the terms of that Act.
Private Acts of 1955, Chapter 345, Page 1159, was the legal authorization for Jefferson County to negotiate contracts with other counties and cities and the State and Federal Governments and with private industry for the sale of crushed rock.

Roads

Private Acts of 1891, Chapter 145, Page 315, authorized the Quarterly Court of Jefferson County to issue bonds at such times and places as might be deemed proper at an interest rate not to exceed 4% and the aggregate amount of which had to be $100,000, or less, which money would be used exclusively to construct public highways and bridges across the streams of the County. None could be issued without being approved in a referendum vote of the people. All the details of a valid bond issue were included and a tax levy was ordered for the sinking fund.
Private Acts of 1901, Chapter 244, Page 511, was enabling legislation for the Quarterly Court to submit to the voters of Jefferson County at a time to be set by the Court the question of issuing and selling bonds up to $300,000, to lay out, grade, build, and macadamize public roads in the county. Upon approval by two_thirds of the voters, the bonds would be issued according to the details publicized and accepted. They would mature in specified blocks at five year intervals beginning after ten years from the date of issue. The interest rate to be paid would be decided by the Quarterly Court. Three county citizens would be selected by the Court as Pike Commissioners who would supervise the program. All the essential details were incorporated.
Private Acts of 1903, Chapter 7, Page 22, amended Chapter 244, Private Acts of 1901, above, by changing the requirement that the proposed bond issue be approved by a two-thirds vote of the people to approval by a simple majority of the voters.
Private Acts of 1905, Chapter 225, Page 462, was the enabling act for the Jefferson County Quarterly Court to issue up to $20,000 in 5%, 20 year bonds, in order to macadamize a road leading from Dandridge to Jefferson City, which bonds would be issued according to the directional details in the act. The Court was obligated to levy a tax for the sinking fund and the county court clerk to keep adequate records of all the transactions. The project would be overseen by the county chairman and two citizens to be appointed, one from Dandridge, and one from Jefferson City.
Private Acts of 1909, Chapter 184, Page 647, allowed the Quarterly Court to issue bonds not to exceed $100,000, at an interest rate of 5%, or less, and to mature no later than 30 years from issue, to build, grade, and macadamize county roads, the six roads mentioned in the act to have priority over others. The act named W. R. Manard, S. Harris, and A. C. Parrott, as commissioners, to supervise the program, to employ an engineer, and to otherwise exercise all the powers granted in the act. The Quarterly Court would set the compensation to be paid to the commissioners.
Private Acts of 1909, Chapter 233, Page 769, permitted the issue of bonds in Jefferson County not to exceed $75,000, at 5% interest, or less, and to mature within 30 years from the date of issue, with all the essential details contained therein, to build, grade, or macadamize the list of sections on 17 roads in the county. The same commissioners named in the above act were renominated in this one. Their powers were the same except the power to condemn land was added in this act. The commission was to solicit bids and award contracts.
Private Acts of 1913, Chapter 94, Page 366, enabled the Jefferson County Quarterly Court, a majority being present and voting for it, to issue and sell up to $125,000 in bonds, at 5% interest, or less, to mature no longer than 30 years from the issue date, to macadamize the public roads of the county which were graded. Any money in hand from former bond issues could be used in this program, also. A general road tax of 30 cents per $100 property valuation was to be levied by the court and collected by the Trustee. Arthur Holtsinger, S. H. Rankin, and A. C. Parrott, were designated as commissioners to oversee the program, employ an engineer and other people who might be needed, and be compensated by the quarterly court.
Private Acts of 1915, Chapter 689, Page 2210, was the authority for a bond issue in Jefferson County up to $15,000, at an interest rate not to exceed 6%, and to mature as the Quarterly Court directed, to grade and macadamize a road beginning at the pike near Professor J. I. McDaniel's and running substantially with the River Road by way of the Henderson Farm to Harrison's Ferry, the route to be laid off by the Pike Commissioners. All the details were present and the tax levy required.
Private Acts of 1917, Chapter 286, Page 869, allowed the Jefferson County Quarterly Court, a majority being present and approving the same, to issue and sell no more than $200,000 in 5%, 30 year bonds, to macadamize the graded roads, and the new roads being built in the county, and to improve and repair roads already built. The bonds would be sold by the Pike Commissioners, Arthur Holtsinger, S. H. Rankin, and J. B. Hill who were to be in charge of the project, who could acquire rights of way by condemnation, and be paid as the Court directed. Some 30 projects were listed involving several different county roads. Anything left over after completion could be devoted to other road projects.
Private Acts of 1921, Chapter 217, Page 696, was the enabling act for the Quarterly Court, a majority being present and approving, to issue the interest bearing warrants of the county up to $10,000 to grade all or any part of a road beginning at the pike near the residence of what was formerly known as the Sam Ferguson farm thence by the steel bridge over Muddy Creek, thence by Ailey's Chapel, and then over the most practical route to intersect the River Pike near the James Gaddis' farm which route would be laid out by the Pike Commissioners. These funds could be used for no other purpose and the warrants would be issued as were other warrants. The interest rate would be determined by the Quarterly Court.
Private Acts of 1921, Chapter 384, Page 1172, allowed the Quarterly Court of Jefferson County to issue its interest bearing warrants in amounts not to exceed $5,000 with which to grade a road beginning at the end of the pike at the Thula Fox farm by way of the James McMahan farm to the Sevier County line. These warrants were to be issued as other warrants at an interest rate to be decided by the Court. A tax could be levied, if necessary, to repay them.
Private Acts of 1921, Chapter 395, Page 1200, permitted the Quarterly Court of the county to negotiate its interest bearing warrants up to $10,000 to grade and macadamize a road starting at the Pike near Hill's Store, running substantially with the old dirt road known as Indian Creek Road to intersect the Dandridge-Chestnut Hill Pike at or near the V.M. Gaddis' farm, the exact route of the said road to be decided by the Pike Commissioners. Warrants would be issued in the normal way at interest rates decided by the Court. A tax was authorized to be levied if needed to pay the warrants.
Private Acts of 1921, Chapter 511, Page 1594, enabled the Quarterly Court to issue up to $10,000 in 5% bonds, or less, to mature no later than 25 years from issue, to grade, macadamize, and build a road from the Dandridge and Newport road which crosses the river at Hays Ferry near the Ferry at the most convenient point, running through Beaver Dam to the Newport and Dandridge Road which passes over the French Broad River at Elliott's Ferry. The Court would appoint a three member Road Commission to supervise this work.
Private Acts of 1921, Chapter 529, Page 1671, was the legal authority for the Jefferson County Quarterly Court to issue interest bearing warrants in an amount up to $15,000, at an interest rate determined by the court, to grade and macadamize two roads, one beginning at Reynold's Ferry and running via a point near William Arnold's and the Pleasant Grove Church to the New Market and Nance's Ferry Pike, and the other running by way of Fielden's Store to Millspring, both of which would be laid out by three citizens from the 7th Civil District to be named by the Court.
Private Acts of 1923, Chapter 567, Page 2116, permitted the Quarterly Court to issue its interest bearing warrants up to $15,000 to grade and macadamize the road which was the dividing line between the Seventh Civil District and the Fourth Civil District which began at the underpass of the Southern Railroad in New Market and to finish the grading and paving to Millspring and from Millspring to Will Arnold's, a point in the Reynold's Ferry Road. The warrants would be issued in the normal manner at an interest rate determined by the court.
Private Acts of 1931, Chapter 205, Page 507, enabled the Quarterly Court to issue and sell up to $95,600 in bonds, at an interest rate of 5%, or less, to mature no later than 20 years from the date of issue, to provide funds with which to grade and macadamize 36 sections of roads as the same were enumerated in the Act. The County Trustee would be responsible for keeping the records.
Private Acts of 1947, Chapter 214, Page 623, was the authority for a bond issue not to exceed $60,000 in highway bonds to purchase rights of way and other incidentals in connection with the construction of a section of State Highway #34 running through Jefferson County in cooperation with the State and Federal Governments. These were to be tax exempt general obligation bonds, issued at an interest rate no greater than 3%, over a maturity schedule no longer than 40 years from the issue date. The Budget Committee of the Quarterly Court would see to the sale of the bonds. All essential details were incorporated.
Private Acts of 1947, Chapter 215, Page 626, ratified, confirmed, validated, and legalized all the previous actions of the Quarterly Court taken in relation to the issue and sale of $30,000 in bonds to acquire rights of way for the construction of a section of State Highway #34 in Jefferson County. Interest was at 1 3/4%, and the maturity schedule ran through 1956. These were tax exempt, general obligation bonds for which a tax levy must be made every year until paid.

General Road Law

Private Acts of 1929 Chapter 477 (selected sections)

Section 1.That there is hereby created for all Counties of the state of Tennessee having a population of not less than 17,665 nor more than 17,685 according to the Federal Census of 1920 or any subsequent Federal Census, the office of Highway Commissioners for said Counties to consist of three members, no more than two of whom shall belong to the same political party, one of the Commissioners named in this Act to serve for a term of one year, one to serve for a term of two years, and one to serve for a term of three years, at the expiration of their terms their successors shall be elected by the County Commission of said County at its regular April term and to serve for a term of three years and until their successors are elected and qualified. And should any vacancy occur in said Commissioners by death, resignation, or removal, the County Court at any quarterly term shall fill said vacancy. Said Commissioners shall receive for their services the sum of $150.00 per year, except the Chairman of said Commission who shall receive the sum of $250.00 per year. They shall receive necessary traveling expenses when their duty calls them outside of the County, in the interest of the public roads of said County. The County Commission of said County may at its regular April term of any year raise or lower the salary of said Commissioners of any one of them.

It shall be the duty of said Commissioners to meet twice each month for the purpose of designating and laying out the work to be done on the public roads of said County and for the purpose of transacting any other business to come before the Commission. For the purpose of carrying out the provisions of this Act, A. H. Moore, Geo. C. Zirkle and J. W. Sams are hereby appointed and constituted Highway Commissioners for said County, and the said A. H. Moore shall serve for a term of one year, the said Geo. C. Zirkle shall serve for a term of two years, and the said J. W. Sams shall serve for a term of three years or until their successors are elected and qualified.

As amended by: Private Acts of 1949, Chapter 518; Private Acts of 1981, Chapter 50.

Section 2. That no person shall be eligible to a position on said Commission who is not a citizen and freeholder of said County, who is not of legal age, who does not sustain a good moral character and in all respects upright in his dealings. All of said Commissioners shall be men known to be of sound judgment and discretion, who are regarded as successful in their respective vocations of good business capacity and ability and one at least shall be a man skilled in the matters of finance. Before entering upon the discharge of their duties they shall take and subscribe to an oath of office in writing to be filed in the office of the County Court Clerk of said County, that they will faithfully and honestly discharge the duties of the office to the best of their skill and ability without partiality, fear or favor to persons or to the people of any section of said County. After qualifying said Commissioners shall organize by designating one of its members as Chairman, whose term as Chairman shall be for a term of one year and until his successor is elected and qualified.

As amended by several Private Acts.

Section 6. That the County Jail of such counties is hereby declared to be a county workhouse, and the sheriff or jailor of such county shall have the care and custody of all county convicts committed to that institution except when they are at work on the roads and are being taken to or returned from such work during which time the superintendent or persons designated by him shall have care and custody of them and shall be responsible for their safety.

The purpose of this Act in regard to County convicts being only to provide a method for working them on said public roads and bridges and in quarries, and in all other respects the general law in regard to county convicts is not effected but the same is hereby declared to be in full force and effect.

Section 7.That it shall be the duty of said superintendent to work all ablebodied convicts committed to the County Workhouse on said public roads of said county, or in quarries, quarrying and crushing stone for said public roads and road purposes. Taking them from the jail or workhouse in the morning and returning them at night, when it shall be deemed practical by said commission for him to do so.

SECTION 8.That the Board of County Commissioners shall have the authority to levy a public road tax on all the property taxable by law in the county. This tax when collected, shall be kept by the County Trustee in a fund called the Public Road Fund, and all road maintenance funds now in the hands of the County Trustee or which may hereafter come into his hands shall be available for use under this act. All revenue from whatever source derived for the use of public roads and bridges shall be kept by the Trustee in said public road fund account.

As amended by: Private Acts of 1981, Chapter 50.

Section 10.That all applications to open, change or close any road shall be made by written petition addressed to said superintendent, as is now required by general law to be made to the district road commissioner. The superintendent when he receives such petition shall within ten days thereafter fix the time and place of acting upon the same and shall notify the first person named on said petition. It shall then be the duty of said party to give notice, in writing to all interested persons, those deemed interested shall be the land owners and those having pecuniary interest, of the time and place when said superintendent will act upon said petition, and if proper notice has been given to all interested persons as designated above to be affected by said actions sought in said petition the superintendent shall proceed to view out said roads and report his actions to the Chairman of the County Court who shall hear the matter and determine what is the right of the parties and any party dissatisfied with the action of the Chairman as to said proposed change sought by said petition may within ten days appeal therefrom to the Circuit Court of said County upon making bond with solvent security as provided by law. All damages allowed by the superintendent or the Chairman trying said case or any damages allowed on appeal shall be paid out of the public road funds of said county, provided for in this Act. In all cases of opening and closing of roads the superintendent or in case a jury of view is summoned its report shall be confirmed, and any order confirming the same shall be entered on the minutes of said Court granting to the county an easement over the land the roads opened pass.

Section 11.That said county has the right of eminent domain to be exercised by it through its Highway Commission, for public road purposes to be exercised as required by general law in condemnation, except that the county shall not be required to make bond for damages.

Section 12.That all such public road fund shall be paid out by the County Trustee on the warrant of the superintendent when countersigned by the Chairman of said commission, showing for what purpose issued and to make quarterly reports covering the same to the County Court of said County.

Law Enforcement: Militia

For many years during the early portion of Tennessee's history, the county units of the state militia were a vital part of the peace keeping and law enforcement arm of the state, being subject to call when certain conditions existed.

Those acts once affecting Jefferson County, which related to the militia and to other law enforcement agencies other than the sheriff, are mentioned below in chronological order. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1796, Chapter 12, Page 30, instructed the Sheriff of each Tennessee County to hold elections to choose the field officers of the county units of the militia. Those field officers elected would then meet in Knoxville in the Hamilton District to select a Brigadier General to command the brigade.
Acts of 1799, Chapter 24, Page 66, made it the duty of the field officers in the militia of Jefferson County to hold two general county musters in May and November which musters would involve the Company of Lane's, Damaron's, McDonnell's, and Van Shears, which companies were all regulated under the general state militia laws.
Acts of 1801, Chapter 1, Page 3, amended the general militia law of the State so as to divide each regiment into two battalions and set a muster date for each one. Some exceptions were made to the above, some of which concerned Jefferson County but the Colonel of the Jefferson County militia was directed to cause all the militia units in the County to attend each general review at the Jefferson County Courthouse.
Acts of 1801, Chapter 87, Page 190, stated that, subsequent to the passage of this Act the cavalry units of the Counties of Jefferson, Cocke, Grainger and Claiborne, would constitute a Regiment of Cavalry, to be called the Second Regiment of the Hamilton District. Each unit must contain no less than thirty men nor more than fifty, who would all be outfitted and equipped according to the State law and would muster annually at Cheek's Crossroads.
Acts of 1803, Chapter 1, Page 3, was a new and complete militia law and military code for the State. The State Militia would be composed of freemen and indentured servants between the ages of 18 and 45, with some exceptions being named, such as clergymen, Judges, lawmakers, etc. The Act designated specific units by County, numbering the Jefferson County organizations as the Sixth Regiment. There must be at least one annual Regimental muster for each County which would occur in Jefferson County on the last Thursday in September of each year.
Acts of 1815, Chapter 119, Page 127, was the next edition of the State militia law and military code, which continued to limit the membership of the militia to free men and indentured servants between the ages of 18 and 45. Jefferson County was the Sixth Regiment in the State Table of Organization. All the phases of military affairs were provided in this lengthy general act including the regulations for the internal discipline of the units, for courts martial, and for the uniforms and equipment of the members, infantry, cavalry, and quartermaster.
Acts of 1819, Chapter 68, Page 106, reenacted the State Militia Law in another long and involved general statue. A comparison of this Act with the preceding one did not reveal any changes which would affect Jefferson County.
Acts of 1825, Chapter 69, Page 78, revised the State Militia Law in several instances but continued to abide by the same limitations and qualifications for members, retaining the exceptions previously mentioned. There was a Table of Organization which identified every County group. Jefferson County would now have the Sixth and the Seventieth Regiment. The annual muster for the Sixth Regiment would be on the first Thursday in October and for the Seventieth on the fourth Thursday in September. The units in the Counties of Jefferson, Grainger, Cocke, and Claiborne would compose the Second Brigade, and the First, Second, Third, Seventh, and Twelfth Brigades were the First Division. Some alterations occurred in other portions of this lengthy statute but did not specifically affect Jefferson County.
Acts of 1835-36, Chapter 21, Page 97, in this new State Military Code and Militia Law which implemented the new State Constitution, the Jefferson County Regiments were designated as the 13th Regiment and the 14th Regiment. The militia of Greene County, Jefferson County, and Cocke County composed the Second Brigade.
Acts of 1837-38, Chapter 157, Page 223, Section 3, scheduled the county drills for every militia unit in the State and amended some regulations concerning the organizational structure, the equipment Charts, and the disciplinary requirements. The Counties of Greene, Cocke, and Jefferson constituted the Second Brigade which would muster on the Monday and Tuesday following the first Friday and Saturday in September.
Acts of 1839-40, Chapter 56, Page 91, revised many features of the military law in Tennessee due to the rise in the number of counties in the State and to the increased membership in the units themselves. Jefferson County had the 13th and 14th Regiments which were now made up of white males between the ages of 18 and 45. The Second Brigade still consisted of the Counties of Greene, Cocke, and Jefferson whose units would muster on the Thursday and Friday of the second week in October of each year.

Miscellaneous Acts: Including Emancipations of Slaves and Minors

The following private or local acts constitute part of the administrative and political history of Jefferson County but are today no longer operative because they have either been superseded, repealed, or failed to receive local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1794, Chapter 2, Page 55, established a schedule of fees which could be charged by the clerks of the various courts, the Clerk and Master of the chancery court, the Sheriff, the Register, the Justices of the Peace, and the Constables. Anyone convicted of failure to comply with this law could be fined and, in addition, forfeit the office.
Acts of 1796, Chapter 6, Page 12, set up a Treasurer for the Districts of Washington and Hamilton who would have his office at Knoxville, and another for the District of Mero who would be headquartered at Nashville. The Treasurer was primarily charged with keeping accounts of all transactions concerning the Districts including the receipt and disbursement of funds.
Acts of 1799, Chapter 38, Page 90, fixed the county seat of Jefferson County at Dandridge.
Acts of 1801, Chapter 5, Page 23, promulgated regulations for the inspection of pork, beef, hog lard, butter, hemp, and kiln dried flour before the same could be sold in counties, or between the States. Warehouses were to be erected and kept at the points specified in theAct to which goods could be brought to be stored and inspected. In Jefferson County the warehouses to be used for these purposes would be located in Dandridge, at the Mossy Creek Iron Works, and at Colonel Alexander Outlaw's boat on the Nollichucky River.
Acts of 1801, Chapter 69, Page 154, in its preamble pointed to the necessity of navigable streams if the State and counties were to continue to grow, therefore, this Act made it lawful for the citizens of Washington County, Greene County, and Jefferson County to clear and remove every obstruction in the bed or channel of the Nollichucky River which flowed through their boundaries. For this purpose one thousand shares of stock could be sold at $10.00 per share in the above named counties to produce the funds to accomplish the purpose stated.
Acts of 1806, Chapter 28, Page 120, stated that five commissioner's would be chosen in and for the towns of Dandridge, Gallatin, and Rogersville on the day appointed by the Quarterly Courts of those respective counties. The Sheriff of the county was directed to hold the election on the day selected.
Acts of 1811, Chapter 79, Page 83, established a Bank at Knoxville with an authorized capital of $400,000 with the authority to set up branch banks in various counties. There would be a Branch of this Bank in Jefferson County under the directorship of Hugh Martin, David Morrow, and Henry Bradford.
Acts of 1813, Chapter 90, Page 115, incorporated Joseph Hamilton, Baldwin Harle, and Augustine F. Fore, all of Jefferson County, plus other citizens from Washington County and Greene County, as the Nollichucky Navigation Company, which had the obligation to improve the navigation of the said river from Sluice Hill in Washington County to the mouth of the river located in Jefferson County. If certain conditions were strictly observed, the incorporators could publish a lottery to help raise funds.
Acts of 1820, Chapter 37, Page 41, stated that it had been represented to the General Assembly that navigation of the south sluice of the Nollichucky, near George Gordon's paper mill, would be greatly improved for boats going up and down the river if a dam were to be constructed at that place. This Act authorized Gordon to build the dam with a bridge on the top of it so travel by road could continue. Gordon was allowed to charge the usual toll rates when the work was completed.
Acts of 1821, Chapter 94, Page 100, authorized the Treasurer of East Tennessee to pay to John Northern of Jefferson County, the sum of $18.00 for the value of arms he owned being pressed into the service of the State and Country during the recent war.
Acts of 1821, Chapter 183, Page 175, appointed Jacob Peck, of Jefferson County, John Glass, of Greene County, and John Blair, of Washington County, as commissioners to execute a final settlement with the Nollichucky Navigation Company which would be made at Greenville and reported to the Quarterly Courts of the counties mentioned.
Acts of 1823, Chapter 93, Page 103, enabled John Potter to build a mill and erect a mill-dam across the south sluice of the French Broad River in Jefferson County, opposite to Hamston's large island. The mill-dam would extend from the south bank of the River to an island in the sluice.
Acts of 1823, Chapter 123, Page 126, permitted James A. Turnly, of McMinn County, the further time of nine months to procure a survey of an entry in the 5th Surveyor's District of three acres of land lying in Jefferson County, and to secure the issue of a grant for the same.
Acts of 1825, Chapter 91, Page 143, Section 2, was the enabling legislation for William Graham to keep up a mill-dam and race which had previously been erected by him on the north side of the French Broad River in Jefferson County, provided the dam would in no wise obstruct the free navigation of the said river.
Acts of 1826, Chapter 34, Page 46, named commissioners from the counties of Cocke, Sevier, Knox, Blount, and William Hill, from Jefferson County, who would perform the duties of earlier commissioners specified in a prior Act in the settlement of land claims in certain areas for which they would be compensated as was provided in this Act.
Acts of 1826, Chapter 187, Page 164, declared that a town heretofore laid out by James Roddy and William Deadrick in Jefferson County would hereafter be known as Russellville for which John Potter, William Felts, James Phagan, James L. Neal, John Cox, and Joseph Austin were named as Commissioners.
Acts of 1833, Chapter 278, Page 153, made it lawful for the county court of Jefferson County, upon the petition of Elisha Hamner of that county, stating that he desired to emancipate his female slave, Sally, to do so accordingly, provided that Hamner gave bond with good securety, payable to the Chairman of the Court, in a sum equal to the value of the slave conditioned to indemnify anyone injured by the misbehavior of the said slave.
Acts of 1841-42, Chapter 86, Page 95, declared that all marriage licenses heretofore issued by any person, or persons, by permission of the Clerk of the County Court of Jefferson County would be as good, valid, and effective in law as if they had been issued by the Clerk in person and all marriages taking place and performed under their authority were likewise declared to be valid and binding in all respects.
Acts of 1843-44, Chapter 2, Page 1, was the incorporation of Dandridge under the Mayor-Alderman form of municipal government with grants of specific powers under which the corporation would operate. The Sheriff, after giving ten days notice, would hold an election on the first Saturday in January, 1844, to elect seven Aldermen to two year terms who would then select one of their own number to serve as Mayor of the city, and appoint a Constable and a Recorder. If the Sheriff could not hold the election, one of his Deputies was authorized to do so.
Acts of 1845-46, Chapter 35, Page 90, was the legal authority for the Jefferson County Quarterly Court to appoint a Revenue Collector to collect the 1844 taxes, who would have the same power as the Sheriff, and his Deputies, to do so and would be subject to the same regulations including the making of proper reports. All who had paid their 1844 taxes, or a part thereof, were exempted from the provisions of this Act.
Acts of 1845-46, Chapter 208, Page 321, Section 23, extended the limits of the City of Dandridge south to the opposite side of the French Broad River, and north to the distance of one-half mile from the court house and also one-half mile from the court house on the east and on the west.
Acts of 1847-48, Chapter 111, Page 168, Section 17, provided that the limits of the city of Dandridge would be extended only one-quarter of a mile in each direction from the court house instead of the one-half mile previously allowed.
Acts of 1853-54, Chapter 47, Page 117, Section 2, extended the city limits of Dandridge so as to embrace the French Broad River commencing at a point 40 poles above Faine's Warehouse and continuing along the route described in the Act which area would be added to the town.
Acts of 1855-56, Chapter 11, Page 17, Section 5, incorporated John S. GoForth, William Dick, and Patton Howell as the New Market Building and Loan Association, and Daniel Gass, James Cox, and James Mitchell were established as the Dandridge Building and Loan Association.
Acts of 1855-56, Chapter 106, Page 118, Section 2, gave the counties of Jefferson, Washington, and Claiborne the right for their county court to direct that the sums raised by taxation in their counties as a sinking fund to discharge their bonded indebtedness invested in railroads, be invested in State, or County, bonds when they could be purchased in the market place.
Acts of 1855-56, Chapter 223, Page 456, was the legal authority for Jefferson County to purchase its own bonds which were issued under any Act for internal improvement purposes and to cancel them rather than to invest them in State bonds as the former Act required. All of the above authority to act would be under the control of the county court.
Acts of 1857-58, Chapter 67, Page 140, formed a corporation to be named the Marshland Cemetery with the authority to buy, hold, develop, improve, and dispose of a lot suitable for burying the dead near the St. Paul Presbyterian Church in Jefferson County. The Board of Trustees were allowed to enact rules and regulations. The Act named Augustus Rice, William McFarland, Harris E. Dewitt, William McClister, David McClister, John W. Moser, Augustus F. Moser and Joseph Hamilton as the first Board of Trustees.
Acts of 1865-66, Chapter 32, Page 144, was the legal authority for William Harris and J.M. Thornburg, of Jefferson County, to open books and subscribe stock up to $500,000 to organize, operate, and manage under the stipulated limitations a bank which would be located at Dandridge. The Bank was required to pay one-half of one percent of its capital stock to schools.
Acts of 1868-69, Chapter 9, Page 92, Section 3, moved the Branch of the Bank of discount and deposit formerly located in Dandridge to Knoxville.
Acts of 1869-70, Chapter 47, Page 322, Section 91, incorporated James H. Carson, William H. Eckel, Temple Harris, John Smith, and William Dean, and their successors in office, as the Board of Trustees of the Dandridge Baptist Church in Jefferson County which would have all the rights, privileges, and powers incidental to religious corporate institutions.
Acts of 1877, Chapter 144, Page 170, specifically repealed Section 25, Chapter 67, Acts of 1867, which incorporated the Dandridge Railroad Company.
Acts of 1879, Chapter 233, Page 274, repealed the 1843 Act, which incorporated the town of Dandridge, and its amendments, and the town was abolished. All the books and records of the town were to be turned over immediately to the County Court Clerk.
Acts of 1893, Chapter 46, Page 57, incorporated the City of White Pine under the Mayor-Alderman system of government, describing the area encompassed by the city and directing the Sheriff, or Deputy, to hold an election to choose five Aldermen and a Mayor, a Constable, and a Magistrate, all of whom would be sworn into office, and some of them were to be bonded for performance of their duties. This Act was repealed by the one following.
Acts of 1895, Chapter 45, Page 60, repealed Chapter 46, Acts of 1893, above which incorporated the city of White Pine in Jefferson County, and abolished its charter. The records were to be delivered to the Magistrate of that Civil District and any money on hand would be applied to unpaid debts.
Acts of 1897, Chapter 124, Page 282, set the annual salaries of the county officials according to the population class of the county in which they operated. The officials were deprived of all their fees which were to be paid over to the Trustee. Itemized and sworn statements showing the amount of fees collected were to be filed periodically with the County Judge, or Chairman, but in no case would the salary exceed the amount of fees paid in. This Act was declared unconstitutional in Weaver v. Davidson County (1900), 104 Tenn. 315, 59 SW 1105, but it and those to follow became the harbingers of the salary statutes under which the State of Tennessee now operates.
Private Acts of 1907, Chapter 419, Page 1423, incorporated the Mayor and Aldermen of the city of Dandridge as the limits were specifically described in the Act. The Mayor and six aldermen were to be elected by popular vote and then they would appoint a Recorder and the police for one year terms. The city was further entitled to a Justice of the Peace in addition to the other Justices. The Mayor and Aldermen must be resident property owners of the city. The remainder of the Act contained the usual provisions found in corporate municipal charters.
Private Acts of 1929, Chapter 337, Page 877, authorized Jefferson County, acting by and through its Quarterly Court to levy a special tax for the employment of an Industrial Agent whose salary would not exceed $3,600 annually and the tax levied could not produce any more than that amount. The agent's duties were to develop the natural resources of the county by correspondence, or advertisement, or by inviting agents of industrial concerns to see the minerals, timber, farms, or other county resources.
Private Acts of 1933, Chapter 769, Page 1784, was applicable only to Jefferson County. This Act amended Section 10731 of the Tennessee Code to provide that any petition to a court to increase the salaries or the numbers of assistants, or deputies, must first be approved by a majority of the Quarterly Court before being filed and Section 10732 of the Tennessee Code was amended to provide that the Quarterly Court could adopt a Resolution in normal form and manner citing the need for salary decreases in the positions of assistants, or deputies, and then file a proper petition in the appropriate court reflecting the contents of the Resolution whereupon the court could hear proof accordingly.
Private Acts of 1937, Chapter 422, Page 1305, removed the disability of infancy from Mrs. Ruth Blazer Ailey of Jefferson County, conferring upon her all the rights, privileges, and obligations of an adult.

Health & Hospitals

Health

For the general statutes relating to health, see Tennessee Code Annotated title 68, with particular reference to chapter 2 (Local Health Services). Chapter 2 provides for the creation of county and district health departments, boards of health, and cooperation between counties and cities in the establishment of such departments and boards. It also details the operation and financing of local health services. See volumes 14, 15 and 16 (Combined General Index) of T.C.A. for reference to statutes on specific health topics.

The following summaries are included herein for reference purposes.

Acts of 1887, Chapter 146, Page 249, divided Tennessee into three main divisions in respect to the area the institutions of mental health would serve. Jefferson County was among the 32 counties which would send mental patients to the Eastern Tennessee Hospital for the Insane which was located near Knoxville.
Private Acts of 1921, Chapter 819, Page 2538, made it lawful in Jefferson County (identified by the use of the 1920 Federal Census figures) for any person who had held permits from the State Board of Pharmacy for six consecutive years to conduct a drug store, or a pharmacy, and to sell therein drugs, medicines, and the like normally sold in such an establishment and to fill and compound prescriptions. Any person so doing must take out and pay for a license which would be issued to him by the State upon application and payment of the fee.

Hospitals

PRIVATE ACTS OF 1965 CHAPTER 180

Section 1. That a joint non-profit Hospital District, to be known as the Jefferson Memorial Hospital District, is hereby created and established for and in behalf of the County of Jefferson and the Town of Jefferson City, Tennessee.

Section 2. That said Hospital District shall comprise and consist of the following described tract or parcel of land, together with all buildings and other improvements thereon, and all appurtenances thereunto belonging, including all items of furniture, fixtures, equipment, supplies and inventory, located in the Fourth Civil District of Jefferson County, Tennessee, within the corporate limits of the Town of Jefferson City, Tennessee, and more particularly described as follows:

"BEGINNING at a stake, the southeast corner of the tract of land here conveyed, said point being north 87 deg. 00 min. west 816 feet from the curb line on the west side of Russell Street; thence from said beginning point and with other property of Carson-Newman College, Inc., a new line this day established by and between the parties hereto, north 1 deg. 53 min, east 510.67 feet to an iron pin set in the east line of Bishop Street at 169 feet, in all the distance of 186.5 feet to an iron pin set in the corner of said fence; thence continuing with said fence south 10 deg. 19 min. east 44 feet to an iron pin set in the corner of a fence; thence continuing with fence line, south 80 deg. 39 min. west 273.5 feet to a stone, said stone being set in the west line of Deborah Street; thence, continuing with a fence line, south 4 deg. 32 min. west 375 feet to an iron pin; thence south 87 deg. 00 min. east 460 feet to the BEGINNING, containing 4.61 acres, more or less."

being the site and grounds, fixtures, equipment and supplies of the Jefferson Memorial Hospital.

Section 3. That said Hospital District shall be operated and controlled by a Board of Trustees, seven (7) in number, who shall serve without compensation and who shall be elected in the manner and for the terms hereinafter provided. The Chairman of the Quarterly County Court of Jefferson County, Tennessee, and the Mayor of the Town of Jefferson City, Tennessee, shall be ex officio members of said Board of Trustees, without vote.

Section 4. That the initial members of the Board of Trustees shall be L. E. May and Thomas L. Webb who shall serve until July 1, 1965, Fred Thurman and Jack Taylor who shall serve until July 1, 1966, Walton Quillen and J. W. Ellis who shall serve until July 1, 1967, and Dr. S. C. Fain who shall serve until July 1, 1965. Said initial members shall begin their respective terms upon the effective date of this Act and shall serve until the expiration of said terms as herein provided and until their successors shall be duly elected as hereinafter provided.

Section 5. That upon the expiration of the respective terms of L. E. May, Fred Thurman and Walton Quillen, their successors shall be elected for a term of three (3) years by the Board of Mayor and Aldermen of the Town of Jefferson City, Tennessee. The said Board of Mayor and Aldermen of the Town of Jefferson City, Tennessee shall annually thereafter elect for a three (3) year term a successor to that member of the Board of Trustees whose term shall have expired, and who was originally elected by said Board of Mayor and Aldermen.

That upon the expiration of the respective terms of Thomas L. Webb, Jack Taylor and J. F. Ellis, their successors shall be elected for a term of three (3) years by the Quarterly County Court of Jefferson County, Tennessee. The Quarterly County Court of Jefferson County, Tennessee, shall annually thereafter elect for a three (3) year term a successor to that member of the Board of Trustees whose term shall have expired, and who was originally elected by the said Quarterly County Court.

That upon the expiration of the term of Dr. S. C. Fain, his successor shall be elected for a term of one (1) year by the Jefferson Memorial Hospital Medical Staff. That thereafter, the said Jefferson Memorial Hospital Medical Staff shall annually elect for a one (1) year term a successor Trustee.

Section 6. That a Trustee whose term has expired shall continue to serve until his successor shall have been elected in the manner herein provided. In the event of the death or resignation of a Trustee prior to the expiration of his term, his successor shall be elected for the unexpired term in the same manner as the deceased or retiring Trustee was elected. Any Trustee shall be eligible for re-election. The Board of Trustees shall elect a President and Secretary from among its members; shall meet at least monthly, and more often if necessary; and shall keep complete, permanent and public records and minutes reflecting all business and transactions of the Board.

Section 7. That the Board of Trustees shall be vested with full, absolute and complete authority and responsibility for the operation, management, conduct and control of the business and affairs of the Hospital District herein created. Said authority and responsibility shall include,but shall not be limited to, the establishment, promulgation and enforcement of the rules, regulations, and policies of the Hospital District, to fix and determine the charges to be made for all services rendered, the upkeep and maintenance of all property, the administration of all financial affairs of the Hospital District, the execution of all contracts, agreements and other instruments, the employment, compensation, discharge and supervision of all personnel.

Section 8. That said Hospital District shall have the power to sue and be sued in the name of the Jefferson Memorial Hospital District; to have and to use a common seal, which it may alter at pleasure, and if no common seal, then the signature of the name of the Hospital District, by any duly authorized officer, shall be legal and binding; to establish by-laws, and make all rules and regulations not inconsistent with the laws and constitution, deemed expedient for the management of the Hospital District's affairs; to appoint such subordinate officers and agents, in addition to a President and Secretary, or Treasurer, as the business of the Hospital District may require; to designate the name of the office, and fix the compensation of the officer; to borrow money to be used in payment of property bought by it, and for erecting buildings, making improvements, and for other purposes germane to the objects of its creation, and secure the repayment of money thus borrowed by mortgage, pledge, or deed of trust, upon such property, real, personal, or mixed, by purchase, gift, devise, or bequest, sell the same and apply the proceeds toward the promotion of the objects for which it is created, or hold any such property and apply the income and profits towards such objects; to invest any funds received by it in such investments as in the honest exercise of its judgment it may, after investigation, determine to be safe and proper investments, and to retain any investments heretofore so made.

Section 9. That the means, assets, income, or other property of the said Hospital District shall not be employed, directly or indirectly, for any other purpose whatever than to accomplish the legitimate objects of its creation, and by no implication shall it engage in any kind of trading operation, nor hold any more real estate than is necessary for its legitimate purposes, provided, however, that this shall not preclude such Hospital District from disposing of any property or assets lawfully acquired where such property and assets are determined to be no longer needed to accomplish the objects and purposes of its creation, and the proceeds derived therefrom are to be applied toward the legitimate objects of its creation.

Section 10. That the general welfare of society, not individual profit, is the object for which this Hospital District is created.

Section 11. That the Board of Trustees shall prepare and submit to the Board of Mayor and Aldermen of the Town of Jefferson City, Tennessee, during each quarter of each fiscal year a complete financial statement and report, which among other things, shall reflect a comparison of actual receipts and disbursements with budgeted receipts and disbursements as of the dates of such financial statements.

Section 12. That this Act shall have no effect unless the same shall be approved by a two-thirds (2/3) vote of the Quarterly County Court of Jefferson County, Tennessee, at a regular or special session held not more than one year after its passage, and also approved by a two-thirds (2/3) vote of the Board of Mayor and Aldermen of the Town of Jefferson City, Tennessee, at a regular or special session held not more than one (1) year after its passage. Its approval or non-approval shall be proclaimed by the presiding officer of the Quarterly County Court of Jefferson County, Tennessee, and by the presiding officer of the Board of Mayor and Aldermen of the Town of Jefferson City, Tennessee, and shall be certified by them to the Secretary of State.

Section 13. That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed: March 16, 1965.

[Compiler's Note: The above act was certified by the Secretary of State as properly ratified and approved; however, the Secretary of State's records of the certification of Private Acts of 1965 show that the act was not passed upon and declared to the Secretary of State by the Town of Jefferson City as required by the Act itself; therefore, according to the original records in the State Archives, Records Center No. 2679, the act was not properly ratified. The act is reproduced here, but the compiler takes no position on the validity of the act.]

Schools & School Administration

General Reference

The general state statutes regulating education are found in title 49 of Tennessee Code Annotated. Of particular interest to county officials are chapter 2 (Local Administration); chapter 3 (Finances); chapter 6, part 20 (School Property); chapter 6, part 3 (Elementary and Middle Schools); and chapter 6, part 4 (Junior and Senior High Schools).

The following acts constitute part of the administrative and political heritage of the educational structure of Jefferson County but are no longer operative since they have either been superseded, repealed, or failed to receive local approval. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1806, Chapter 8, Page 74, established county academies in several counties in the State, and exempted the faculty and the President from militia duty. Maury Academy would be the county academy for Jefferson County. This Act named George Doherty, Adam Peck, Thomas Galbreath, Thomas Snoddy, and Parmenas Taylor, as the Trustees for Maury Academy, who could ordain the rules and regulations for the operation and discipline of the school. The General Assembly could appoint added Trustees when needed.
Acts of 1807, Chapter 56, Page 92, appointed added Trustees for several of the county academies in the State, naming William Mills, and Joseph Hamilton to the Board of Trustees of Maury Academy in Jefferson County.
Acts of 1809, Chapter 106, Page 136, also named additional members to the Board of Trustees for several county academies. Andrew Henderson and Ebenezer Leath were named to the Board of Trustees for Maury Academy.
Acts of 1817, Chapter 58, Page 66, nominated Hugh Martin, John Lane, William Moore, Joshua Bradford, and Joseph Hamilton, Jr., as Trustees for Maury Academy in Jefferson County who would have all the powers and obligations of the other Trustees.
Acts of 1820, Chapter 47, Page 48, named Robert McFarland and Shadrick Inman to the Board of Trustees for Maury Academy, conferring upon them all the rights and privileges enjoyed by all the other members of the Board of Trustees.
Acts of 1825, Chapter 73, Page 118, appointed William Hill in Jefferson County, and several people named for other counties as commissioners to enter upon public lands for schools in their respective counties and ascertain the exact condition of the land. The Treasurer would supply a manuscript and a map of the said lands to the commissioners, who would examine the same, draw up proper records, and report the condition to their respective counties.
Acts of 1831, Chapter 267, Page 221, Section 2, directed Napoleon B. Bradford, the Bank agent of Jefferson County, to refund to Thomas Snoddy the sum of $22.46 which Snoddy, the treasurer of the common school fund, had paid to the Agent over and above the amount for which he was liable.
Acts of 1833, Chapter 282, Page 160, required that the benefits of the Fifth Section of this Act to continue the Bank Agency in Campbell County to be extended also to the Clerks and Treasurers of the Board of Common School Commissioners of every county in the State in a similar situation, and upon the same terms. Jefferson County was among the counties mentioned in the caption of the act as coming under the provisions of this law.
Acts of 1837-38, Chapter 277, Page 406, incorporated the present Board of Trustees, and their successors, of Holston College in the city of New Market in Jefferson County with the express authority to enact all rules and regulations for the successful operation and management of the college and for the internal disciplines of faculty and students.
Acts of 1849-50, Chapter 125, Page 318, incorporated Henry J. Dick, William R. Caswell, William M. Bradford, James Fuller, William D. Fain, George M. Simpson, James Scruggs, Theodorick J. Bradford, and James P. Swann, as the Board of Trustees for the Dandridge Female Academy who would possess and could exercise all the power and authority normally incidental to the management of educational facilities and institutions.
Acts of 1851-52, Chapter 362, Page 662, incorporated the Trustees of the Mossy Creek Missionary Baptist Seminary in Jefferson County.
Acts of 1855-56, Chapter 231, Page 473, made the Dandridge Female Academy a Branch of the Maury Academy in Jefferson County. The Dandridge Female Academy would continue under the control and management of the original Board of Trustees. One-half of the Jefferson County funds for academies would be given to the Dandridge Female Academy.
Acts of 1855-56, Chapter 233, Page 476, changed the name of the Mossy Creek Missionary Baptist Seminary in Jefferson County to Mossy Creek Baptist College with the retention in the latter of all the power and authority of the former. The Trustees of the Seminary were made the Trustees of the college with no diminution of privilege or responsibility.
Acts of 1865-66, Chapter 80, Page 234, stated that the privilege of selling spiritous, vinous, or fermented liquors would not be granted to anyone for any location less than two miles of the Holston College, or the New Market Female Academy in Jefferson County. To grant the license would be a misdemeanor and to sell under the same would both be punishable by fines of up to $250. Section 5 of this Act made the same prohibition applicable to Maury Academy and the Dandridge Female Institute in Dandridge.
Acts of 1866-67, Chapter 29, Page 49, declared it to be harmful and a misdemeanor for anyone to sell, or to expose for sale, any spiritous, or malt liquors in any quantity whatsoever within two miles of Mossy Creek Baptist College in Jefferson County but this Act would in no wise prohibit or prevent the sale of the same for medicinal purposes within that area.
Acts of 1895, Chapter 210, Page 411, changed the name of the Mossy Creek Baptist College became Carson-Newman College with certain powers and duties of the Trustees being prescribed.
Acts of 1901, Chapter 470, Page 1132, amended all prior acts so that the name of Mossy Creek Missionary Baptist Seminary and Mossy Creek Baptist College would be changed to Carson-Newman College. Some alterations were made concerning the number of Trustees and the authority given to all the Trustees.
Private Acts of 1905, Chapter 221, Page 455, organized Special School District #8 in Jefferson County which would include the Fifth Civil District of the County as that district existed prior to the 1903 Redistricting Act. The intent of this Act was expressed to be to create a special school district embracing all of the old Fifth Civil District before the same was changed in 1903.
Private Acts of 1909, Chapter 225, Page 751, required every parent, guardian, or any person having the care, custody, and control of a child between the ages of eight and sixteen to send that child to school at least ten consecutive weeks, or 50 days, in each year, unless the school term was for a lesser time than 50 days. Some exceptions were allowed such as the child being tutored privately, or was suffering from some physical disability. The County School Board could furnish books, and the other essentials necessary for an indigent child to attend school for the mandated period. Excuses for absence could be accepted and ratified by the classroom teachers, or principals, of the student involved. Any disobedience of the terms of this Act could be subject to fines from $10 to $50. Accurate attendance records must be kept for each child, or the teacher would forfeit pay. This Act applied to Jefferson County only, under the population figures quoted in the same.
Private Acts of 1909, Chapter 494, Page 1798, was another compulsory attendance law for Jefferson County which directed every parent, guardian, and custodian, of a child between the ages of eight and fourteen to send that child to school for four months, or 80 consecutive days, with the normal exceptions being allowed. Offenders could be fined $1.00 for each day of school missed by the child for whom they were responsible. Teachers, and other school authorities, were directed to keep accurate attendance records on each child in their jurisdiction, or forfeit their pay. This Act applied to the counties of Carter, Clay, Cumberland, Fentress, Grundy, Grainger, Hamblen, Hawkins, Jefferson, Johnson, Knox, Loudon, Morgan, Macon, Pickett, Trousdale, Unicoi, and Washington. This Act, as amended later, was repealed specifically by Public Acts of 1978, Chapter 716, Page 610.
Private Acts of 1909, Chapter 543, Page 1952, was apparently a duplicate of all the provisions of Private Acts of 1909, Chapter 494, above, except that this Act applied only to Jefferson County and Monroe County.
Private Acts of 1911, Chapter 347, Page 934, was another version of the compulsory school attendance law, which directed every parent, guardian, and custodian of any child between the ages of eight and fifteen to send them to school for 80 consecutive days, or for 16 weeks, beginning at the start of the school year with only those exceptions mentioned in the act. The Poor Commissioners were authorized to provide the assistance needed for poor children to attend school. Teachers and school principals were given the authority to excuse a childs' failure to attend, although non-compliance herewith could lead to fines from $2.00 to $10.00 for each offense. The salaries of teachers and principals would be held up if accurate attendance records were not kept. Notices must be sent to the parents, guardians, or custodians when a child was absent from school. Fines would be exacted and offenses prosecuted in the name of the State of Tennessee.
Private Acts of 1911, Chapter 447, Page 1219, amended the 1856 Act which changed the name of Mossy Creek Baptist College to Carson-Newman College to provide that the Board of Trustees would consist of 33 members who would hold office and be selected as was provided therein. A five member Executive Committee could be selected by the Board of Trustees to attend to the direction of the school for the year immediately following their selection.
Private Acts of 1913, Chapter 225, Page 738, amended Acts of 1895, Chapter 210, in Section 2 by adding a provison that three-fourths of the Trustees of Carson-Newman College in Jefferson County must be members of the Missionary Baptist Church in good standing because the College was under the guidance and control of that religious denomination. No gift or donation would ever be diverted from the use and benefit of the College or deviated from the purpose for which it was designated by the donor. All laws in conflict with this Act were repealed.
Private Acts of 1923, Chapter 400, Page 1449, directed the Trustee of Jefferson County to pay over to the Recorder of Jefferson City that city's prorated share of High School funds in the trustee's hands from all sources which would be based upon the average daily attendance of all high school students, this apportionment to continue as long as Jefferson City maintained a high school.
Public Acts of 1925, Chapter 115, in Section 33, abolished all special school districts in existence, which were not taxing districts, provided for a referendum election to be held in those which were taxing districts on the question of their abolition and authorized all school districts whose debts were paid in full to join any county public school system. This entire Act codified as Title 49, Tennessee Code Annotated.
Private Acts of 1925, Chapter 128, Page 428 was the legal authority for the County Court of Jefferson County by a majority vote to use unexpended funds which were raised under the authority of Public Acts of 1921, Chapter 533, for High School purposes. These funds would be turned over to the County Trustee who was directed to place the same to the credit of the High School Building Account.
Private Acts of 1953, Chapter 321, Page 1028, authorized and directed the Trustees of the Maury Academy Fund to expend the said funds, including the campus and income to improve the school grounds and to purchase equipment, fixtures, and facilities for Maury High School in Dandridge which was the successor to Maury Academy. When accomplished the Trustees would fill a report of their activities with the Quarterly Court which report would be spread upon the minutes of the Court.

Board of Education

General statutes regulating county boards of education and elementary and secondary education in the public schools may be found in T.C.A. title 49, chapters 1 through 6. Public Acts of 1992, Chapter 535, the Education Improvement Act of 1991, substantially revised many aspects of the education statutes. County boards of education are mandated to be popularly elected, but the time for implementation can vary from county to county. The county legislative bodies, from July 1, 1992, were given authority to establish districts for county board of education members by resolution instead of having to rely on private acts for reapportionment. The new education general law provides for board members to be elected to staggered four-year terms.

Members of county boards of education must have a high school diploma or general education equivalent. However, a few counties are purported to be excluded by narrow population exception. Board members who fail to participate in state sponsored training are subject to removal by the commissioner of education. T.C.A. §49-2-202.

Private Acts of 1919, Chapter 299, Page 750, authorized Jefferson County to issue up to $30,000 in bonds, at an interest rate of 6%, or less, maturing as the Quarterly Court directed, to enlarge the existing high school, or to build a new one. The issue was subject to approval in a referendum to be held under the general election laws and the requirements of this Act. A tax levy must be made to liquidate the bonds according to schedule if they were issued.
Private Acts of 1921, Chapter 385, Page 1174, was the enabling legislation for the Jefferson County Quarterly Court to issue no more than $200,000 in bonds, at 6% interest, or less, maturing no later than 25 years from the date of issue, to be used for the erection of Elementary and High Schools. The Act appointed A. R. Swann, R. C. Bell, Arthur Holtsinger, J. B. Hill, A. C. Parrott, A. J. Huggins, and Dr. D.J. McCarter, as a Building Committee to superintend the overall program along with the Board of Education. High Schools were to be located at Dandridge, White Pine, Jefferson City, and, New Market.

The following act once affected the board of education in Jefferson County but is no longer operative.

Private Acts of 1907, Chapter 236, Page 845, established a Board of Education and a District Board of Advisors in every Tennessee County, abolishing all the offices of District Director. Quarterly County Court would divide the County into five school districts, composed of whole civil districts, from each of which one member of the Board of Education would be initially chosen by the Quarterly Court to serve until the next general election when the member would be elected for two years by popular vote. Vacancies for the unexpired term would be filled by the appointment of the School Superintendent. The duties of the Chairman, the Secretary, and the other Board members were specifically in the act. A three member advisory board would be elected in each District by popular vote who were required to assume and discharge the responsibilities listed in this Act. This Act was not intended to apply to any city school system. Nine counties exempted themselves from this Act but Jefferson County was not one of them. (This Act was considered by the State Supreme Court in Whitthorne v. Turner (1927), 155 Tenn 303, 293 SW 147.
Private Acts of 1925, Chapter 814, established the procedure for the County Board of Education to exercise eminent domain. This has been superseded by general law found in T.C.A. 49-801 et seq.

Superintendent or Director of Schools

Private Acts of 1929 - Chapter 772

Section 1. That in each county falling within that group designated by population in the caption hereof, the County Superintendent of Public Instruction shall be elected by popular vote, after having qualified to become a candidate for such office in the manner provided by the general law of the State.

At the regular August Election in 1944, and each four years thereafter, a County Superintendent of Public Instruction shall be elected in such Counties. The term of office of said County Superintendent shall be for four years and until the successor is duly elected and qualified. The term of office shall begin on the 1st day of September. The person now holding the office of County Superintendent in said Counties shall continue to serve until September 1, 1944. Any person desiring to become a candidate for County Superintendent under this Act shall possess the same qualifications as are required by Superintendents generally under the general law of the State.

As amended by: Private Acts of 1943, Chapter 234.

The Quarterly County Court of any County to which this Act applies shall elect a Superintendent of Public Instruction to fill any vacancy that may occur under this Act, or that may occur prior to the first election to be held under this Act, due to the expiration of the term of the present Superintendent of Public Instruction; and said court shall fix the salary of the Superintendent of Public Instruction in any County to which this Act applies.

Section 2. That all laws, both general and special, in conflict herewith, are hereby repealed to the extent of the conflict, and this Act shall take effect from and after its passage, the public welfare requiring it.

Passed: April 11, 1929.

Under the Education Improvement Act of 1991, the office of superintendent of public instruction (county superintendent of education) will be phased out by 2000. Counties with superintendents were authorized by two-thirds (2/3) vote of the county legislative body to extend the office of superintendent and the existing method of election or appointment, but this authority ended with the 1996 elections. Replacing the superintendent is a director of schools, who will be an employee of the county board of education; however, the continued use of the title superintendent is permitted. The director of schools may be employed under a written contract of up to four years duration. The duties of the superintendent or director of schools are enumerated in T.C.A. §49-2-301(f).

The acts referenced below once affected the office of superintendent of education in Jefferson County, but are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Private Acts of 1927, Chapter 439, Page 1276, stated that hereafter in Jefferson County (identified by the use of the 1920 Federal Census figures for Tennessee) the County Superintendent of Public Instruction would be elected in the manner provided by law but the election would take place at the regular July meeting of the Quarterly Court instead of in January as was previously the case. The person so elected must meet all the qualifications under the law and serve a two year term. The incumbent Superintendent would serve until July, 1929, when the successor in office would be elected under the terms of this Act.
Private Acts of 1929, Chapter 772, Page 2302, stated that in Jefferson County (identified by the use of the 1920 Federal Census figures) the Superintendent of Public Instruction would be elected by the vote of the people, provided always that the qualifications for the position were fully met. The first election would occur in August, 1930, and every two years thereafter. Any vacancy would be filled by the Quarterly Court until the next general election by the people. The Quarterly Court would set the compensation to be paid to the County Superintendent by the county.
Private Acts of 1943, Chapter 243, Page 899, amended Private Acts of 1929, Chapter 772, by changing the term of the School Superintendent from two years to four years.

Law Enforcement: Sheriff

The office of sheriff is one of the county offices established by article VII, section 1 of the Constitution of Tennessee, and it is regulated by the general statutes found in title 8, chapter 8 of Tennessee Code Annotated. The qualifications for the office of sheriff are more stringent than for most county offices. These qualifications are detailed in T.C.A. §8-8-102. Many of the duties of the sheriff are specified in T.C.A. §8-8-201. The sheriff's salary is determined by T.C.A. §§8-24-102. The statutes authorizing the sheriff to petition the court with criminal jurisdiction for the employment of deputies and assistants and the setting of salaries for deputies and assistants are found in T.C.A. §8-20-101 et seq. Also, the sheriff may appoint such personnel as may be provided for in the budget adopted for the sheriff's department. T.C.A. §8-20-120. For additional statutes relating to the sheriff, refer to the combined general index of Tennessee Code Annotated, volumes 14, 15, and 16, under specific topics relating to law enforcement, county jails and workhouses.

The following acts have no current effect but are included here for reference purposes since they once applied to the Jefferson County Sheriff's Office. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Acts of 1797, Chapter 8, designated the Sheriff as the tax collector in Jefferson County, a duty which the Sheriff performed for many years in all the counties.
Acts of 1823, Chapter 186, Page 170, made it legal for the Sheriffs of the counties of Knox, Davidson, Maury, Smith, Rutherford, Jefferson, Sumner, and Washington to appoint one Deputy Sheriff over and above the number now allowed under the law, but no Sheriff could have more than three deputies. This Act was repealed expressly by Private Acts of 1978, Chapter 166.
Acts of 1825, Chapter 220, Page 251, was the legal authority for the Sheriff of Jefferson County to appoint one Deputy Sheriff who would be in addition to, and over and above, the number of deputies now allowed under the general law.
Acts of 1826, Chapter 122, Page 110, authorized and required the Treasurer of East Tennessee to pay to JAMES BRADFORD, the Sheriff of Jefferson County, the sum of $15 for his services in reporting on two tracts of land which had been sold for taxes.
Acts of 1827, Chapter 4, Page 5, allowed the Sheriff of the counties of Hawkins, Giles and Jefferson to employ two additional deputies who were to be over and above all the allotments of deputies under the general law.
Acts of 1831, Chapter 203, Page 155, released PETER NORTH, of Jefferson County, from the forfeiture of a recognizance bond which was entered against him in the Circuit Court of Jefferson County for $500 as security for the appearance of JAMES NORTH on an indictment for riot, but nothing in this act was intended to relieve North from the payment of costs in the case.
Acts of 1831, Chapter 213, Page 174, required the Treasurer of East Tennessee to pay to VERDENBURGH THOMPSON, the jailor of Jefferson County, the sum of $18.62 for keeping BOLDEN GAINES in the prison of the County, and to pay to L. D. PARROTT the sum of $4.80 for his services as a guard, out of any money, or funds, in the house of the Treasurer which were not otherwise appropriated.
Private Acts of 1913, Chapter 116, Page 433, stated that the Sheriff of Jefferson County (identified by the use of the 1910 Federal Census figures)would hereafter be paid the sum of $750 each year, payable on January 1 and July 1 on the warrant of the County Judge. The Sheriff must file a sworn, itemized statement showing the correct amount of the fees collected in the office. If the statement showed to the County Judge, or Chairman, that the fees were less than the salary, the county would pay the difference, but if the fees exceeded the salary the Sheriff could retain the excess. Fees paid to the Sheriff for boarding prisoners would not be included. This Act was repealed in Item 10, below.
Private Acts of 1919, Chapter 235, Page 589, amended Private Acts of 1913, Chapter 116, above, to raise the annual salary of the Sheriff, as provided therein, from $750 to $1250.
Private Acts of 1921, Chapter 442, Page 1316, set the compensation of the Sheriff of Jefferson County for his services as the fees now allowed to the Sheriff by law, and in addition, the sum of $800 annually, payable monthly out of the general funds of the county on the warrant of the County Judge, or Chairman, but no other payment would be made to the Sheriff for his ex-officio services, this being meant as a replacement for that. Private Acts of 1913, Chapter 116, was repealed in its entirety.
Private Acts of 1923, Chapter 349, Page 1205, provided that in Jefferson County (identified by the use of the 1920 Federal Census figures) the Sheriff would receive as compensation for his service, all the fees now allowed to him under the law and in addition to the fees he would be paid the sum of $1200 annually, payable $100 each month out of general county funds or the warrant of the County Judge, or Chairman. No ex-officio compensation could be paid the Sheriff, this being the entire amount he would be paid.
Private Acts of 1925, Chapter 127, Page 427, amended Private Acts of 1923, Chapter 349, above, by increasing the amount to be paid to the Jefferson County Sheriff over and above the fees of the office from $1200 to $1800, payable at $150 a month.
Private Acts of 1933, Chapter 768, Page 1782, set the annual salary of the Sheriff of Jefferson County at $2000, exclusive of the fees earned for boarding prisoners, the same to be paid monthly by the Trustee on the warrant of the County Judge. The Sheriff was obligated to keep a record of every fee collected in his office and to file a sworn and itemized statement each month with the County Judge, or Chairman, and pay the fees over to the Trustee, the Sheriff would be paid only out of the fees he collected, and, if they failed to reach the $2,000, the amount collected would be the salary. All fees lost by and through the negligence of the Sheriff would be charged against him. Turnkey fees were not to be considered as a part of those to be charged to the Sheriff.
Private Acts of 1978, Chapter 166, repealed Acts of 1823, Chapter 186, and Acts of 1831, Chapter 123.

Taxation

The following is a listing of acts pertaining to taxation in Jefferson County which are no longer effective. Also referenced below are acts which repeal prior law without providing new substantive provisions.

Territorial Ordinance of 1792, dated November 20, and signed by William Blount, Governor of the Territory south of the Ohio River, was the legal authority for the Court of Pleas and Quarter Sessions in Jefferson County to levy a tax on land and polls to repair and build courthouses, to pay the jurors serving in the Superior and lower courts, and to pay the continguent expenses of the county. These taxes could not exceed fifty cents on each poll, or be less than 17 cents for each 100 acres.
Acts of 1803, Chapter 29, Page 73, recited that a former Act had appointed ALEXANDER OUTLAW, ANDREW HENDERSON, HUGH KELLOW, GEORGE DOHERTY, JAMES DOHERTY, and EDWARD GEORGE, as the Commissioners for the City of Dandridge, of whom Kellow had removed from the County, and this Act, therefore, named MICHAEL BRANNER in Kellow's place, and authorized the Court of Pleas and Quarter Sessions to levy taxes according to the schedule set out in this act in order to build a courthouse in the City of Dandridge for the use and benefit of the whole county.
Acts of 1805, Chapter 43, Page 42, was the legal authority for the Quarterly Court of Jefferson County, a majority being present of completing the building of the courthouse in Dandridge. It was made an obligation of the Quarterly Court to continue the imposition of this tax until the courthouse was completed and paid for. This tax was to be collected as were all the other taxes.
Acts of 1870, Chapter 50, Page 58, allowed the cities and the counties of this state to impose taxes for city and county purposes in the following manner and upon the conditions stated (1) that all taxable property would be taxed according to its value, upon the principles established for State Taxation, and (2) that the credit of no county or city could be given, or loaned, to any person, firm, or corporation unless a majority of the Justices of the Peace, or the Councilmen, should first authorize a referendum to be held at which time a three-fourth's vote of the people must approve. A number of counties exempted themselves from the three-fourth's vote requirement but Jefferson County was not one of them.
Private Acts of 1913, Chapter 299, Page 1000, allowed the Quarterly Court of Jefferson County to levy a special tax on all the properties in the county, both in and out of cities, not to exceed fifteen cents per $100 property valuation to produce the funds to repair and maintain the pike roads in the county. The Quarterly Court could further provide for the expenditure of the funds generated by this tax.
Private Acts of 1921, Chapter 262, Page 915, amended Chapter 415, Private Acts of 1921, in Section 1 to provide that the Board of Equalization established in that Act would meet on the first Monday in June, 1921, and each year thereafter on the same date.
Private Acts of 1921, Chapter 415, Page 1245, directed that hereafter the Jefferson County Quarterly Court would, at their July, 1921, meeting, elect all the members of the County Board of Equalization to correct and equalize tax assessments. The Board elected under the terms of this Act would meet on the second Monday in July, 1921, and each year thereafter. The court would fix the compensation of the member of the Board which could not exceed $5.00 per day.
Private Acts of 1929, Chapter 686, Page 2052, was the legislation which enabled the Jefferson County Quarterly Court to levy a special tax to assist in the construction of the T.N.C. Railroad Company, or its successor. The amount subscribed and paid would constitute stock in the Railroad. The Jefferson County Chairman would have the right to meet with the other stockholders and cast votes prorata with the number of shares owned. No money was to be paid to the Railroad until the line was completed and in operation.
Private Acts of 1978, Chapter 162, .... [Note: This is the way it was written in the original.]
Private Acts of 1981, Chapter 26, amended Private Acts of 1978, Chapter 162.