CLERK AND 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 provided that the clerk and master will be appointed by the chancellor. The salary of the clerk and master is regulated by T.C.A. §§ 8-24-102 and 8-24-104. The old minimum and maximum variation ended on September 1, 1993.
The basic fee schedule for clerks of court, including the clerk and master, is found at T.C.A. § 8-21-401. Tennessee Code Annotated § 16-16-203 provides the authority for the clerks and masters who are serving as the clerks of probate courts to accomplish a variety of clerical and judicial acts involving the probate of wills and the administration of estates.
The reference list below contains acts which once applied to the clerk and master in Roane County.
1. Acts of 1824 (Ex. Sess.), Chapter 14, set forth the duties of the Clerk and Master in Kingston, who would be over chancery cases in Roane, Knox, Anderson, Morgan, Rhea, Hamilton, Campbell, McMinn, Monroe, and Blount Counties.
The following acts were once applicable to the circuit court of Roane County but now have no effect, having been repealed, superseded, or having failed to win local approval.
1. Acts of 1801, Chapter 45, Page 106, which created Roane County, made the new county a part of the Hamilton District, and provided for the courts to meet at the house of Alexander CARMICHAEL in Kingston until a court house could be built or more suitable quarters found for the courts.
2. Acts of 1809, Chapter 49, Page 65, divided the State into five Judicial circuits assigning the counties of Cocke, Jefferson, Sevier, Blount, Knox, Anderson, Roane, Rhea, and Bledsoe to the Second Judicial Circuit. Circuit Courts would be held twice each year in each county. The Circuit Court for Roane County would be held twice each year in each county. The Circuit Court for Roane County would begin its regular terms on the first Monday in March and September at the court house in Kingston.
3. Acts of 1817, Chapter 132, Page 141, Section 3, changed the opening dates of the regular circuit court terms for several counties in the Second Judicial circuit, designating the second Monday in March and September as the starting dates for the Roane County Circuit Court.
4. Acts of 1819, Chapter 72, Page 139, created a Seventh Judicial Circuit in the State of Tennessee which included the counties of Roane, Rhea, Bledsoe, Marion, Hamilton, McMinn and Monroe. The Governor was obligated to appoint a Judge for the new circuit who must reside therein and who would preside over the various courts at the term times specified which in Roane County, was the second Monday in March and September.
5. Acts of 1824, Chapter 60, Page 66, was the legislative authority for the Judge of the Circuit Court in Roane County to set a time at the next, or at any ensuing term of court which would be the most convenient to the parties involved for a special term of court; sufficient notice must be given which would be adequate for the presentation of the cases to be heard. The Clerks of the Court would act and abide as they would in any regular term.
6. Acts of 1827, Chapter 5, Page 6, provided that the terms of the circuit court of Roane County would commence on the second Monday in March and September as now established under the law and continue in session for two weeks, if necessary, closing before that only when the dockets were completed.
7. Acts of 1835-36, Chapter 5, Page 38, organized the State of Tennessee into eleven Judicial Circuits pursuant to the dictates of the newly adopted State Constitution. The Third Judicial Circuit was composed of the counties of Rhea, Meigs, Bledsoe, Marion, Hamilton, McMinn, Monroe, and Roane. Court for the circuits would hereafter be held three times annually, beginning in Roane County on the fourth Monday in February, June, and October.
8. Acts of 1835-36, Chapter 41, Page 168, Section 4, declared that the next term of the Circuit Court in the counties of Roane, Rhea, Bledsoe, Marion, Hamilton, McMinn, and Monroe, would take place as the same were scheduled under the law but after that term they would be held at the times stipulated in this Act which in the case of Roane County, would be the time prescribed in the Act above.
9. Acts of 1837-38, Chapter 3, Page 12, took Roane County out of the Third Judicial Circuit and placed it in the Second Circuit, and further fixing the opening days of the terms of court in Roane County on the fourth Monday in February, June, and October.
10. Acts of 1853-54, Chapter 76, Page 145, Section 3, reset the opening dates for the regular terms of the Roane County Circuit Court to the first Monday after the fourth Monday in February, June, and October of each year but the very next term of the circuit court in Roane County would commence on the fourth Monday in June as it was now slated to do.
11. Acts of 1857-58, Chapter 98, Page 110, formed sixteen Judicial Circuits in Tennessee. The counties assigned to the Third Judicial Circuit under the terms of this Act were Monroe, Blount, Knox, Anderson, and Roane. Court terms in the new Third Circuit remained as they were formerly established by law.
12. Acts of 1865, Chapter 14, Page 30, Section 3, in an attempt to provide for the orderly administration of the Judicial system after the civil war, reset the terms of the Chancery Courts in the 8th Chancery Division of the State and required the Chancellor of that division to hold the Circuit Courts in the same counties, including Roane, by interchange.
13. Acts of 1868-69, Chapter 8, Page 8, Section 2, rearranged the terms of the Circuit Court in Roane County to begin on the fourth Monday in April, August, and December in the place of the times now set under previous statutes.
14. Acts of 1870, Chapter 31, Page 59, was a major revision of the lower civil court system in the State. Fifteen regular, and one special, judicial circuits were formed in Tennessee. The Third Judicial Circuit was made up of the counties of Morgan, Anderson, Knox, Monroe, Roane, Cumberland, Fentress, Blount, and Christiana, if established.
15. Acts of 1870, Chapter 46, Page 75, scheduled the opening dates for the regular terms of the Circuit Courts in every county in Tennessee. Roane County's Circuit Court would take up its docket on a regular basis on the second Monday after the fourth Monday in March, July, and November.
16. Acts of 1871, Chapter 92, Page 84, Section One, provided that the Circuit Court of Roane County would hereafter begin the regular terms of court on the second Monday in April, August, and December, but the next term would be observed at the date now provided by law.
17. Acts of 1885 (Ex. Sess.), Chapter 20, Page 96, in its reorganization of the entire lower judicial system of the State, established fourteen regular, and one special, judicial circuits, assigning the counties of Knox, Blount, Loudon, Monroe, Morgan, Scott, and Roane to the Third Judicial Circuit. Roane County's Circuit Court would begin its regular terms under the new law on the second Monday in April, August, and December.
18. Acts of 1899, Chapter 168, Page 316, abolished the Third Judicial Circuit which was composed of the counties of Blount, Loudon, Roane, Morgan, Fentress, and Scott.
19. Acts of 1899, Chapter 409, Page 966, Section 3, attached the counties of Blount, Loudon, and Roane to the 17th Judicial Circuit and fixed the terms of Court for those counties. In Roane County the regular terms of the Circuit Court would begin on the third Monday in March, July, and November.
20. Acts of 1899, Chapter 427, Page 991, was a complete overhaul of the State's lower court system, which created a total of fourteen Judicial Circuits and fixed the terms of court for those counties. In Roane County the regular terms of the Circuit Court would begin on the third Monday in March, July, and November.