PRIVATE ACTS index

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All private acts creating county boards of jury commissioners were repealed by 22-2-201 of Tennessee Code Annotated, except in Davidson, Knox and Hamilton Counties.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 jury are listed in T.C.A. 22-1-101.

The following acts once affected jurors or boards of jury commissioners in Roane County, but are no longer operative.

1. Acts of 1825, Chapter 279, Page 296, provided that hereafter, when any person was summoned as a juror in either Humphreys, Perry or Roane Counties, who lived on the opposite side of the Tennessee River from the side on which the county seat was located, it would be the duty of the ferry man where any of the jurors must cross the river to attend the court summoning them as such to give the jurors a certificate where they paid their fares which the juror could file with the Trustee and be reimbursed the full amount of the ferry charge.

2. Acts of 1891, Chapter 26, Page 55, provided that a special law court would be held at Rockwood in Roane County for the residents of the Sixth, Eleventh, Twelfth, and Thirteenth Civil Districts of the county. This court would be one of the courts of the Third Judicial Circuit, held by the Judge of that circuit with jurisdiction of all civil and criminal cases arising in those civil districts. The Circuit Court Clerk at Kingston would transfer all the records of his court in these cases to the court at Rockwood and would likewise serve as the clerk of that court. The expenses of this special court would be paid out of the county treasury. This Act was repealed by the one following.

3. Acts of 1893, Chapter 52, Page 70, expressly repealed Acts of 1891, Chapter 26, Item 2, above, in full, and directed that all the unfinished business in the law court at Rockwood be transferred to the circuit court at Kingston, and all process and bonds likewise made to conform. Forfeitures would be taken, when necessary, by the court at Kingston.

COURT

CHANCERY COURT

Roane County, under the provisions of 16-2-506 of "Tennessee Code Annotated", is part of the 9th 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 Roane 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.

1. Acts of 1822, Chapter 13, Page 15, provided that the Judges of the Supreme Court would arrange to hold a Court of Equity at the present places of holding the Supreme Court at least once each year. The Chancery Court would be held at Rogersville on the first Monday in November, at Charlotte on the fourth Monday in December, at Sparta on the second Monday in January. Each term of court would endure for two weeks unless the docket was cleared in a shorter time.

2. Acts of 1824 (Ex. Sess.), Chapter 14, Chapter 20, scheduled the meetings of the Supreme Court at Knoxville, Sparta, and Nashville. The Act further directed the Judges of the Supreme Court to arrange among themselves to hold the Chancery Courts of the State at least twice each year at Greenville, Rogersville, Kingston, Carthage, McMinnville, Franklin, Columbia, Charlotte, and Jackson. The Chancery Court at Kingston would hear and decide cases arising in the counties of Knox, Anderson, Morgan, Roane, Rhea, Hamilton, Campbell, McMinn, Monroe, and Blount. The terms of Court would start in Kingston on the first Monday in June and December.

3. Acts of 1827, Chapter 79, Page 80, formed two Chancery Divisions in Tennessee. The Eastern Division had in it the Courts at Rogersville, Greenville, Kingston, Carthage, and McMinnville, while the Courts at Franklin, Columbia, Charlotte, Jackson, and Paris were assigned to the Western Division.

4. Acts of 1827, Chapter 88, Page 90, Section 3, directed the Chancellors of the Eastern Division to hold the Courts therein as they were specified to be held in this Act at Greenville, Rogersville, Carthage, McMinnville, and at Kingston on the first Monday in June and December for the counties of Knox, Blount, Anderson, Morgan, Roane, Rhea, Hamilton, Campbell, McMinn, and Monroe.

5. Acts of 1829, Chapter 27, Page 48, changed the opening dates for the terms of the Chancery Court at Kingston to be held hereafter on the fourth Monday of May and November each year.

6. Acts of 1831, Chapter 217, Page 181, Section 7, decreed that the Chancery Court at Kingston would hear cases hereafter only arising in the counties of Rhea, Hamilton, Roane, and Morgan.

7. Acts of 1832, Chapter 19, Page 32, rearranged the times for opening the Chancery Courts in all the Courts of the State. The Chancery Court at Kingston would commence its terms of Court hereafter on the second Monday in June and December.

8. Acts of 1835-36, Chapter 4, Page 32, created three Chancery Divisions in Tennessee, pursuant to the adoption of the new State Constitution, each of which was further divided into Districts. In the Eastern Division the counties of Morgan and Roane would compose the Seventh District whose Court would be held at Kingston on the third Monday in April and October. The other grand divisions were the Middle Division and the Western Division.

9. Acts of 1837-38, Chapter 116, Page 183, Section 12, set up the terms of the Chancery Courts for several of the counties in the Eastern District. The Eastern District courts which were changed were those at Jonesboro, Greenville, Rogersville, Tazewell, Dandridge, Knoxville, Pikeville, Madisonville, and Kingston whose Court terms would begin on the fourth Monday in March and September. Equity cases in Roane County could be filed in either Kingston or Madisonville as the complainants elected.

10. Acts of 1853-54, Chapter 54, Page 126, created the Fifth Chancery Division which was composed of the Chancery Courts meeting at Maryville, Kingston, Madisonville, Athens, Benton, Cleveland, Washington, Harrison, Pikeville, Jasper, Sparta, and Livingston, and the Counties which were attached to those courts. A Chancellor, who must be a resident of the Division, would be elected to preside over the new Division.

11. Acts of 1855-56, Chapter 13, Page 19, Section 4, reset the Chancery Court terms for Roane County to begin in Kingston on the first Monday after the fourth Monday in March, and on the first Monday after the fourth Monday in September of each year.

12. Acts of 1855-56, Chapter 112, Page 121, Section 3, rescheduled the terms of the Chancery Courts at Jasper, Pikeville, Sparta, Livingston, Jamestown, Montgomery, Kingston, Decatur, and Washington in the Fifth Chancery Division. The terms of court would begin at Kingston on the third Monday in April and October.

13. Acts of 1857-58, Chapter 9, Page 6, Section 3, changed the opening dates of the Chancery Court terms in Montgomery and Kingston, in Roane County; Montgomery's Chancery Court would start its terms on the third Mondays in April and October, while Kingston's would be held on the first Thursdays after the third Mondays in April and October.

14. Acts of 1857-58, Chapter 88, Page 96, divided Tennessee into the Eastern, Middle, Western, Fourth, Fifth, and Sixth Chancery Divisions. The Fifth Chancery Division included the counties of Polk, McMinn, Bradley, Hamilton, the Court at Chattanooga, Marion, Cumberland, Bledsoe, White, Overton, Fentress, Scott, Morgan, Meigs, Rhea, Blount, Monroe, and Roane whose court would continue to meet in Kingston on the Thursday after the third Monday in April and October.

15. Acts of 1865, Chapter 7, Page 21, was a post Civil War Act which formed the 8th Chancery Division in Tennessee consisting of the counties of Sevier, Blount, Monroe, Roane, Knox, Anderson, McMinn. A Chancellor would be appointed, or elected, to serve until his successor was elected.

16. Acts of 1865, Chapter 14, Page 30, Section 3, set the terms of court for the counties in the newly formed Eight Chancery Division. The terms of the Chancery Court at Kingston in Roane County would start on the Thursday after the third Monday in April and October, all process being made to conform to those dates. The Chancellor of this Division was also charged to hold the Circuit Court in these counties by interchange.

17. Acts of 1865-66, Chapter 41, Page 66, Section 4, changed the terms of the Chancery Court in the Counties of Campbell, Union, Blount, and Roane whose court terms in Chancery reverted back to the third Monday in April and October.

18. Acts of 1866-67, Chapter 33, Page 53, Section 8, provided that thereafter the Chancery Court of Roane County would be held at Kingston on the fourth Monday of April and October.

19. Acts o 1868-69, Chapter 8, Page 8, Section 1, provided that the Chancery Court of Roane County would hereafter begin its terms of court on the fourth Monday in May and November with all process being directed to conform.

20. Acts of 1869-70, Chapter 60, Page 78, Section 4, required that all suits now pending in Roane County's Chancery Court in which all the parties litigant live in Morgan County to be transferred together with all the records and exhibits to Morgan County to be heard.

21. Acts of 1870, Chapter 32, Page 60, reorganized the lower equity court system of State into twelve Chancery Districts. The Second Chancery Division contained the counties of Knox, Sevier, Campbell, Union, Anderson, Roane, Monroe, Blount, Scott, Morgan, Fentress, and Christina, if formed.

22. Acts of 1870, Chapter 47, Page 81, scheduled the opening dates for the terms of the Chancery Courts in every county in the State. The Chancery Court in Roane County would commence its terms on the fourth Monday in May and November.

23. Acts of 1870 (Ex. Sess.), Chapter 57, Page 92, was a duplicate of Acts of 1869-70, Chapter 60, Item 20, above, which allowed the transfer of equity cases to Morgan County.

24. Acts of 1871, Chapter 92, Page 84, Section 2, set the terms of the Chancery Court of Roane County to begin on the second Monday in March and September of each year, all clerks being required to make process conform to these dates.

25. Acts of 1872 (Ex. Sess.), Chapter 15, Page 37, Section 4, rescheduled the terms for the Chancery Courts in the Second Division which were Knox, Sevier, Union, Morgan, Fentress, Scott, Loudon, Anderson, Blount, Campbell, and Roane where the regular terms of Chancery Court would begin on the second Monday in May and November.