PRIVATE ACTS OF LEWIS COUNTY, TENNESSEE

Transcription

1 PRIVATE ACTS OF LEWIS COUNTY, TENNESSEE REVISED EDITION COUNTY TECHNICAL ASSISTANCE SERVICE THE UNIVERSITY OF TENNESSEE INSTITUTE FOR PUBLIC SERVICE NASHVILLE, TENNESSEE Original Compilation By William C. McIntyre, Legal Specialist Revised and Edited By Bretran R. Thompson, Legal Specialist 1986 Updated By Elaine Turner 1997

2 PREFACE County government in Tennessee is a political subdivision of state government. As a political subdivision, county government has only that authority which is delegated to it by the state. In Tennessee, the process of delegation of power from state government to county government is accomplished through legislative action of the general assembly, either through a general (public) act or private act. In the case of the general act, the general assembly grants certain powers which have general application to all or a large number of counties across the state. These general acts are assembled and codified in the Tennessee Code Annotated which is revised and published on an annual basis and is widely available. However, finding individual county legislation (private acts) is not so easy since it is not published in the official code. The presence of a large body of private legislation in this state is the result of two basic factors. First, although the Tennessee Constitution mentions some county government offices, the provisions of the Tennessee Constitution dealing with county government lack detail, thereby allowing the general assembly wide latitude in county government administration. Secondly, the Tennessee General Assembly has seen fit to enact much of the law relating to county government on an individualized county-by-county approach. The result has been that the 95 counties in Tennessee operate under both general laws and private acts. This body of private legislation is a mass of separate acts, with each applying to only one or a very small group of counties. Since these acts affect counties on an individual basis, they are not included in the Tennessee Code Annotated but rather are published annually in separate volumes. The result of this past method of publication of private legislation has been the accumulation of a large portion of county law in a cumbersome mass of chronologically arranged volumes which at last count numbered over 120 books. To further complicate matters, the older volumes have not been reprinted, so that there are today only a handful of complete sets of the private acts in existence. Nevertheless, scattered through these hard-to-obtain volumes is the only public record of those laws from which Tennessee counties draw a large portion of their authority to govern and under which they operate daily. Before the County Technical Assistance Service began compilation of the private acts on a county-by-county basis, there was no statewide effort to organize these acts into a body of current law easily accessible for reference by county officials and interested citizens. It is our hope that this volume of The Private Acts of Lewis County will provide a useful reference for county administration in Lewis County. We are indebted to the Lewis County legislative delegation for its continued support of the County Technical Assistance Service and this compilation. i

3 HOW TO USE THE PRIVATE ACTS OF LEWIS COUNTY At least three methods can be used to locate a private act contained in this volume. The method used will depend on the amount of information you have at the outset of your research. First, when you have no information about any specific act but merely a general question as to the law on a given subject, the table of contents can be used to ascertain the pages of this volume pertaining to that particular subject area. The chapter headings found in the table of contents are arranged alphabetically and conform to what the compiler believes to be the most commonly used terms found in county government in Tennessee. You should note, however, that the table of contents is general in nature and is not a word index. A second method can be used if you already know the year and chapter number of an act in question. reference table in the back of this volume affords a reference to the pages containing the desired act or acts. The parallel Finally, if you have a copy of the Tennessee Private Acts Index (The Michie Co., Charlottesville, VA, 1984), it can be used as a more complete word index. Upon ascertaining the chapter and year of the private act of interest, the parallel reference table in this volume can be used to locate the private acts. The private acts currently in effect for the county are reprinted in this volume. When going through this volume you will note that there are some acts noted herein which are no longer current laws due to subsequent passage of acts which have superseded them in usage. The compiler has described these acts which have been superseded in historical notes at the end of the chapter wherein the current act on the subject is reprinted. Under topic headings throughout this volume, brief summaries or references are made to general law codified in Tennessee Code Annotated that deals with the particular topic. The acts that are printed in full in this volume include any subsequent amendments to the act. Although no statement is made regarding whether the amendatory act was ratified, the ratification was checked by the compiler to insure that the amendatory act was approved locally and is in effect. This compilation is updated through the 100 th (1997) Session of the Tennessee General Assembly. ii

4 TABLE OF CONTENTS PREFACE... i HOW TO USE THE PRIVATE ACTS OF LEWIS COUNTY... ii CHAPTER I - ADMINISTRATION... 1 AUCTIONEER... 2 BUDGET SYSTEM... 3 COUNTY ATTORNEY... 4 COUNTY CLERK... 5 COUNTY EXECUTIVE... 6 COUNTY LEGISLATIVE BODY... 8 COUNTY REGISTER COUNTY TRUSTEE LANDFILLS PURCHASING GENERAL REFERENCE CHAPTER II - ANIMALS AND FISH CHAPTER III - BOND ISSUES BRIDGES BUILDINGS DEBTS HOHENWALD MEMORIAL - MONUMENT ROADS SCHOOLS CHAPTER IV - BOUNDARIES CREATION OF THE COUNTY 34 CHAPTER V - COURT SYSTEM BOARD OF JURY COMMISSIONERS - JURORS CHANCERY COURT CLERK AND MASTER CIRCUIT COURT CLERK iii

5 DISTRICT ATTORNEY GENERAL ASSISTANTS AND CRIMINAL INVESTIGATORS GENERAL SESSIONS COURT JUVENILE COURT SECRETARIAL ASSISTANCE CHAPTER VI - EDUCATION/SCHOOLS BOARD OF EDUCATION SUPERINTENDENT GENERAL REFERENCE CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT CHAPTER VIII - HEALTH CHAPTER IX - HIGHWAYS AND ROADS ROAD LAW AMENDMENTS TO THE ROAD LAW CHAPTER X - LAW ENFORCEMENT JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - TAXATION ASSESSOR OF PROPERTY HOTEL/MOTEL TAX LITIGATION TAX PARALLEL REFERENCE TABLE iv

6 CHAPTER I - ADMINISTRATION 1

7 ADMINISTRATION AUCTIONEER PRIVATE ACTS OF 1931 CHAPTER 465 SECTION 1. That the County Court Clerks, Clerks and Master of Chancery Courts, Sheriffs, Deputy Sheriffs, Constables, Attorneys and Trustees of mortgages and trust deeds, and Administrators for all counties in the State of Tennessee having a population of not more than 5,250 and not less than 5,625, according to the Federal Census of 1930, or any subsequent Federal Census, may employ a professional auctioneer for all sales made at public outcry coming under their jurisdiction. SECTION 2. That all persons to qualify for said position as auctioneer shall be required to file a certificate with the County Court Clerks, signed by as many as five reputable citizens who will certify that they know the said applicant and that he has been a citizen of the county for a period of two years or more and that said applicant has been recognized by the general public as an experienced auctioneer at least two years. SECTION 3. That the compensation of said auctioneer shall be $1.00 (One Dollar) for calling each sale, and 5% on the first $ (One Hundred Dollars) and 2% on the remainder of the sale price of the property sold, provided that the fees of the auctioneer shall not exceed $25.00 in no one sale, and the fees of the auctioneer shall be charged as cost in the case. Provided, further, that, when a qualified auctioneer cannot be obtained, the official that is in charge of said sale be empowered to proceed with sale. SECTION 4. SECTION 5. That all laws and parts of laws in conflict with this Act are hereby repealed. That this Act take effect from and after its passage, the public welfare requiring it. Passed: June 19,

8 ADMINISTRATION BUDGET SYSTEM Counties in Tennessee may operate their budgeting system under one of the three optional general laws on the subject or under the provisions of private acts or county or metropolitan government charters. The three optional general laws dealing with budgeting are the County Budgeting Law of 1957, the County Financial Management System of 1981 and the Local Option Budgeting Law of If neither an optional general law nor a private act or county charter has been adopted, the county may have established a budget committee by resolution to serve in an advisory role to the county legislative body. Also see T.C.A. '' through , and T.C.A. ' (school budget). Most counties are subject to a general law dealing with the procedure for making budget amendments that is codified at T.C.A. ' The County Budgeting Law of 1957 is found in title 5, chapter 12 of Tennessee Code Annotated. It is a general law establishing procedures for the preparation and adoption of county budgets for all county funds, activities and agencies. The County Budgeting Law of 1957 is permissive legislation and in order to come under its provisions, counties must adopt a resolution by 2/3 vote of the county legislative body or pass the proposal in a referendum. Section of Tennessee Code Annotated specifically provides that the 1957 general law does not affect either private acts then in existence or prevent the enactment of private legislation for Tennessee counties creating central accounting systems, the position of budget director, or other budgeting procedures. The County Financial Management System of 1981 is codified at T.C.A. ' et seq. This law provides an optional system and methods of controlling the financial affairs of a county, including budgeting, purchasing, and investment processes. This act is permissive in nature and can be activated by a two-thirds (2/3) vote of the county legislative body, or by a majority vote in a referendum election. The Local Option Budgeting Law of 1993 is an optional general law located at T.C.A. '' through This law may be adopted by a two-thirds (2/3) vote of the county legislative body. This law may be adopted and used in conjunction with the County Budgeting Law of 1957 or the County Financial Management System of 1981, or used alone. This optional law provides procedures for the formulation, adoption and amendment of an annual budget that includes deadlines for action. If a county legislative body operating under this law fails to adopt a budget by August 15, the portion of the budget prepared by the department of education goes into effect, and similarly, the remainder of the budget as proposed by the county executive or budget committee goes into effect. 3

9 ADMINISTRATION COUNTY ATTORNEY The office of county attorney is not a constitutional office nor is it an established office under general law. The office of county attorney may be set up by private act. The county executive is authorized by T.C.A. ' to employ counsel where there is no county attorney established by private act or county or metropolitan government charter. The general law at T.C.A. ' authorizes the board of education to employ legal counsel to advise or represent the board. The County Uniform Highway Law authorizes county highway departments subject to this general law (most counties) to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department. T.C.A. ' There may be other private acts which allow other governmental departments to hire attorneys. 4

10 ADMINISTRATION COUNTY CLERK The county clerk, formerly the county court clerk, is a constitutional office as provided by article VII, section I of the Constitution of Tennessee. The county clerk is popularly elected for a term of four years. T.C.A. ' The bond required for county clerks is $50,000 in counties with a population greater than 15,000 and $25,000 in counties with a population less than 15,000. T.C.A. ' Most of the duties of the county clerk are specified in the general law (public acts) codified in Tennessee Code Annotated. The county clerk is the clerk of the county legislative body. The clerk keeps the official record (minutes) of the legislative body. The county clerk is responsible for the issuance of marriage licenses and pawnbrokers' licenses. The county clerk is the collector for a number of local and state taxes including local wheel taxes, local hotel/motel taxes, wholesale beer tax, business taxes and vehicle registration fees. T.C.A. ' The clerk's salary is determined by T.C.A. ' The basic fee schedule for the county clerk is found at T.C.A. ' The following act once affected the office of county clerk in Lewis County. It is included herein for historical purposes. 1. Private Acts of 1931, Chapter 465, Page 1227, allowed the County Court Clerk, and several other county officials, to employ a professional auctioneer for all sales to be made at public outcry coming under the Clerk's jurisdiction and to pay him according to the rates specified in the Act. 5

11 ADMINISTRATION COUNTY EXECUTIVE All counties in Tennessee, except those with a metropolitan form of government, must have an elected county executive who serves under that title or another appropriate name designated by private act. T.C.A. ' The county executive serves a four year term. The county executive is the chief executive officer of the county and has all of the powers and duties formerly exercised by the county judge except judicial powers. The county executive serves as a nonvoting, ex officio member of the county legislative body, and the county executive or a representative of the county executive serves as a nonvoting member of all committees of the legislative body. T.C.A. ' The county legislative body may elect the county executive as its chairman. However, the county executive may refuse to serve as chairman. T.C.A. ' If the county executive is not elected chairman, then the county executive may veto legislative resolutions of the county legislative body. T.C.A. ' Except as otherwise provided by law, the county executive appoints members of county boards and commissions and county department heads. Such appointees are subject to confirmation by the county legislative body. T.C.A. ' (c). It is important to recognize that most boards and department heads are provided for by general law or private act, and this residual appointive power of the county executive may not be applicable. The county executive is authorized to employ stenographic and clerical assistants needed in the performance of his or her duties. T.C.A. ' The county legislative body is authorized to fix the salaries of these assistants. These salaries are paid out of the county general fund. T.C.A. ' The references below are of acts which once applied to the office of county judge, or county executive in Lewis County. They are included herein for historical purposes only. Also referenced below is an act which repeals prior law without providing new substantive provisions. 1. Acts of 1856, Chapter 253, Page 511, established the office of County Judge in every county in the State who would be elected by the people for a four year term, the first election to take place on the first Saturday in May, The County Judge would be sworn and commissioned as other Judges. Quorum Courts and the post of County Chairman were abolished, all their duties being given to the County Judge. The jurisdiction of the Judge was stipulated in the Act as well as his responsibilities of acting as accounting officer and general agent of the County. The Judge would be paid $5.00 per day for every day spent in the discharge of his duties hereunder. County Court Clerks would be the Clerks of the Court, and the Judge was not precluded from practicing law in any court except his own. This Act was repealed by Acts of , Chapter 5, Page 3. 6

12 2. Private Acts of 1895, Chapter 214, Page 436, established the office of County Judge in Lewis County. This act provided for a term of eight years, an annual salary of $100 and the jurisdiction of the Chairman of the County Courts to issue extraordinary process. 3. Private Acts of 1905, Chapter 380, Page 792, amended Private Acts of 1895, Chapter 214, Section 5, by increasing the annual salary of the County Judge from $100 to $ Private Acts of 1921, Chapter 130, Page 379, amended Private Acts of 1895, Chapter 214, so as to set the annual salary of the County Judge of Lewis County at $400 instead of $ Private Acts of 1925, Chapter 731, Page 2647, provided for the office of County Chairman, popular election, a two year term of office and an annual salary of $250. County Chairman was to chair meetings of the County Court. 6. Private Acts of 1931, Chapter 354, Page 900, amended Private Acts of 1895, Chapter 214, Section 5, by raising the amount of the annual salary of the County Judge from $400 to $ Private Acts of 1935, Chapter 528, Page 1334, amended Private Acts of 1895, Chapter 214, by adding the last paragraph in Section 4 as it now appears. 7

13 ADMINISTRATION COUNTY LEGISLATIVE BODY PRIVATE ACTS OF 1974 CHAPTER 264 SECTION 1. Justices of the Peace of Lewis County shall be paid twenty dollars ($20.00) per day for attending sessions of the quarterly county court and twenty dollars ($20.00) per day for attending meetings of committees of the quarterly county court, plus the mileage now allowed by law for their official travel. SECTION 2. Chapter 132 of the Private Acts of 1921, Chapter 283 of the Private Acts of 1955, and Chapter 129 of the Private Acts of 1961 are repealed. SECTION 3. This Act shall have no effect unless it is approved by a two-thirds vote of the quarterly county court of Lewis County before September 1, Its approval or non-approval shall be proclaimed by the presiding officer of the quarterly county court and certified by him to the secretary of state. SECTION 4. For the purpose of approving or rejecting the provisions of this Act, as provided in Section 3, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 3. Passed: March 13,

14 ADMINISTRATION COUNTY LEGISLATIVE BODY 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, or board of county commissioners, is composed of not less than nine (9) nor more than twenty-five (25) members. The board reapportions the county into districts from which county commissioners are elected. These districts must be apportioned on the basis of population so that each commissioner represents substantially the same number of people. No more than three commissioners may be elected from the same district. T.C.A. ' The county legislative body replaced the quarterly county court as provided in the Public Acts of 1978, Chapter 934, T.C.A. ' 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. ' , members of county legislative bodies may solemnize marriages. The following acts once applied to the quarterly court or the county legislative body of Lewis County and are included herein for historical purposes. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Acts of , Chapter 38, Page 44, Section 15, which created Lewis County, provided that the Court of Pleas and Quarter Sessions would meet at the home of John Blackburn until the public buildings were completed which would house the court at a later date. 2. Acts of 1852, Chapter 366, Page 676, provided for the return of all judicial records from Lewis County to Maury County which concerned the residents of the area which the Courts ordered returned to Maury County. Acts of 1852, Chapter 367, Section 8, Page 680, stated that in the event jurisdiction was returned to Lewis County, the Quarterly and County Courts would meet at Jo Smith's old place. 3. Private Acts of 1921, Chapter 132, Page 381, fixed the compensation of the Justices of the Peace in Lewis County (identified by the use of the 1920 Federal Census figures) at $2.50 per day for each day spent in regular attendance at the meetings of the Quarterly Court, which was applicable to all called meetings. The Justices also would be paid 5 cents per mile for each mile traveled between their residences and the Court House but would only be paid for one trip at each session of the Court. This Act was repealed by Private Acts of 1974, Chapter 264, published herein. 4. Private Acts of 1929, Chapter 621, Page 1725, changed the dates for the opening of the terms of the Quarterly County Court in Lewis County to the second Monday in January, April, July and October, on which dates the Court still meets. The former meeting schedule was on the first Monday in the same months. 9

15 5. Private Acts of 1929, Chapter 625, Page 1733, was the authority for the Quarterly Court of Lewis County to designate and employ counsel to render legal aid and services to, and advise whenever necessary, the said Court and the County Judge. The counsel must institute and prosecute suits for the county and attend to such specific business matters as the Court might direct. The Court had the further authority to appropriate funds with which to compensate counsel. 6. Private Acts of 1947, Chapter 802, Page 3265, allowed the Quarterly Court of Lewis County to increase the amount of compensation above the sum now authorized under the law of all county officials and to appropriate sums of money sufficient to pay the raises. 7. Private Acts of 1955, Chapter 283, Page 954, set the per diem payments of the Lewis County Justices of the Peace at $5.00 for each day of attendance at a regular, or called, meeting of the Quarterly County Court, plus the mileage which was allowed by law to be paid. This Act was properly ratified by the Quarterly Court to become effective but was specifically repealed by Private Acts of 1974, Chapter Private Acts of 1961, Chapter 129, Page 461, amended Private Acts of 1955, Chapter 283, above, by adding a provision which paid the Justices of the Peace $10.00 a day for attending the sessions of the Quarterly Court, and $5.00 per day for attending the committee meetings of the Court, plus the mileage then allowed to them under existing law. This Act was repealed by Private Acts of 1974, Chapter 264, published herein. 9. Private Acts of 1965, Chapter 129, Page 478, authorized the City of Hohenwald to have five more Justices of the Peace in addition to those permitted under the general law. This act was superseded by Chapter 934 of the Public Acts of

16 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 salary of the county register is determined by T.C.A. ' 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. ' The following acts once affected the office of county register in Lewis County, but are no longer operative. 1. Acts of , Chapter 119, Page 165, consolidated the Register's office with the Entry Taker's Office in all the counties south and west of the Congressional Reservation Line except those counties expressly exempting themselves in Section 6 of this Act, which list did not include Lewis County. The Register's Office assumed all the duties of the Entry Taker's Office, plus a few more which were specified in this statute. The Entry Taker was directed to turn over all the documents and records in his office to the County Register. 2. Private Acts of 1943, Chapter 343, Page 1232, set the compensation of the Register in Lewis County at $900 per year, payable in equal monthly installments out of the regular county funds in the Treasury, but all the fees accruing to the office of the County Register would become the property of the County. The Register was required to file a sworn, itemized statement with the County Judge, or Chairman, which would show the total amount of fees collected. 11

17 ADMINISTRATION COUNTY TRUSTEE The county trustee is one of the county officers established by article VII, section 1 of the Constitution of Tennessee. The office is regulated by title 8, chapter 11 of Tennessee Code Annotated. Duties of the county trustee regarding the collection of property taxes are codified in Tennessee Code Annotated, title 67, chapter 5. The county trustee is elected by the qualified voters of the county to serve a four year term. T.C.A. ' Upon election the trustee must take the required oath of office and enter into a surety bond. T.C.A. ' For other statutes pertaining to the many duties of the trustee as a fiscal officer, see volume 14 of the combined general index of T.C.A. under "County Trustee". The salary of the county trustee is set by T.C.A. '

18 ADMINISTRATION LANDFILLS PRIVATE ACTS OF 1990 CHAPTER 169 SECTION 1. No landfill for the disposal of solid or hazardous wastes shall be located within five (5) miles from the center of the Buffalo River on each side in Lewis County. SECTION 2. No permit to construct or operate a landfill for the disposal of solid or hazardous waste shall be granted if the location of such landfill would violate the provisions of this act. SECTION 3. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Lewis County. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by him to the Secretary of State. SECTION 4. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective upon being approved as provided in Section 3. Passed: March 22,

19 ADMINISTRATION LANDFILLS PRIVATE ACTS OF 1990 CHAPTER 210 SECTION 1. No permit or registration shall be granted for any new solid waste processing facilities or disposal facilities or sites in Lewis County if the permit or registration application has been submitted by a county or municipality located outside the boundaries of Lewis County unless the county legislative body of Lewis County approves such solid waste processing facility or disposal facility or site in accordance with Section 2. SECTION 2. (a) The county legislative body of Lewis County shall approve or disapprove such solid waste processing facility or disposal facility or site in accordance with the following criteria: (1) The type of waste to be disposed of at the facility or site; (2) The method of disposal to be used at the facility or site; site; (3) The projected impact on surrounding areas from noise and odor created by the proposed facility or (4) The projected impact on property values on surrounding areas created by the proposed facility or site; (5) The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed facility or site; (6) The economic impact on the county; (7) The compatibility with existing development or zoning plans; and (8) Any other factor which may affect the public health, safety or welfare. (b) Lewis County. Judicial review of the legislative body's determination shall be a de novo review before the chancery court for 14

20 SECTION 3. This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Lewis County. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body of Lewis County and certified by him to the Secretary of State. SECTION 4. For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall become effective as provided in Section 3. Passed: April 12,

21 ADMINISTRATION PURCHASING The laws regarding purchasing for county governments are not uniform and several options exist. The county education department has its own purchasing law (T.C.A. ' (A)(4)), but this law is superseded in those counties that adopt the statutes of the optional County Financial Management System of T.C.A. ' et seq. Further, in counties that have adopted the County Purchasing Law of 1957, another optional general law, the county board of education may or may not use the central county purchasing system depending upon the approval of the state commissioner of education. T.C.A. ' The County Uniform Highway Law, at T.C.A. ' , provides a purchasing law for the county highway department when purchasing for the department is not governed by private act or when the county has not adopted either the County Purchasing Law of 1957 or the County Financial Management System of Nevertheless, even where private acts generally govern the purchases of the county highway department, purchases of less than $5,000 do not have to be publicly advertised and competitively bid. The purchasing provisions of the County Uniform Highway Law do not apply to Shelby, Davidson, Knox, and Hamilton counties. Purchases from the general fund are governed by the County Purchasing Law of 1983, T.C.A. ' et seq., unless the county operates under a county or metropolitan government charter, or has adopted the County Financial Management System of 1981 or the County Purchasing Law of Also, this general law does not apply to counties with private acts if the private act provides for public advertising and competitive bidding for purchases over $5,000 or a lesser amount. The County Purchasing Law of 1957, found in T.C.A. '' through , may be adopted by the voters in a referendum or by a two-thirds (2/3) vote of the county legislative body. This act is one of the three companion Fiscal Control Acts of Under this act the county executive appoints a purchasing agent subject to the approval of the county legislative body. T.C.A. ' The purchasing agent must be qualified by training and experience to perform the required duties. T.C.A. ' The person appointed as purchasing agent must have a corporate surety bond of not less than $10,000 nor more than $25,000. The salary is not to be in excess of other county officials as prescribed in T.C.A. '' and T.C.A. ' (b). The director of accounts and budgets also serves as the purchasing agent in some counties. The primary duties of the purchasing agent are to: (1) purchase all supplies, materials, equipment and contractual services, (2) arrange for rental of all machinery, buildings and equipment, (3) transfer materials, supplies and equipment between county departments, and (4) supervise the central storeroom. T.C.A. ' et seq. The County Financial Management System of 1981 is found in T.C.A. '' through This law provides for the consolidation and establishment of a financial management system for all county funds operated through the 16

22 county trustee, including purchasing. The system is similar in scope to the 1957 acts; however, under this act the county operates under one act rather than three. This system must be approved by a two-thirds (2/3) vote of the county legislative body or a majority of the voters in order to be effective in any county. T.C.A. ' Under the County Financial Management System of 1981, a finance department is created to administer the finances of the county and all funds handled by the county trustee, in conformity with generally accepted principles of governmental accounting and rules and regulations established by the state comptroller of the treasury and state commissioner of education. T.C.A. ' Unlike the 1957 laws, school funds are managed under this system just like all other county funds. The commissioner of education may remove the school department from the system if records are not maintained properly and timely. T.C.A. ' The County Purchasing Law of 1983, T.C.A. ' et seq., applies to purchases by authorized officials using county funds, except that it does not apply to purchases from county highway funds, county education funds, or purchases by counties that have adopted the County Purchasing Law of 1957 or the County Financial Management System of Neither does this act apply in counties operating under a county or metropolitan government charter. Furthermore, the act does not apply to counties with private acts if the private act provides for public advertising and competitive bidding for purchases in excess of $5,000 or a lesser amount as established by the private act. Tennessee Code Annotated ' requires that all purchases and leases or lease-purchase agreements made under the County Purchasing Law of 1983 shall be made or entered into only after public advertisement and competitive bidding, except for (1) purchases costing less than $5,000, (2) goods or services which may not be procured by competitive means because of the existence of a single source or because of a proprietary product, (3) supplies, materials or equipment needed in an emergency situation, subject to reporting requirements of the county legislative body and the county executive, (4) leases or lease-purchase agreements requiring payments of less than $5,000 per year, and (5) fuel and fuel products purchased in the open market by governmental bodies. County legislative bodies may lower the dollar amount required in this act and may also adopt regulations providing procedures for implementing this act. Counties with populations over 150,000 are authorized to make purchases under $10,000 without competitive bids or proposals, but these counties may retain their present competitive bidding requirements or establish different limits by private act or charter provision. T.C.A. '

23 ADMINISTRATION GENERAL REFERENCE The administration of county government is placed, through a coordination of duties and responsibilities, in various elected or appointed officials, plus various boards, agencies and commissions. For general law on county administration, see Tennessee Code Annotated, title 5 (Counties) and title 8 (Public Officers and Employees). Specific subject headings in the combined general index in volumes 14, 15, and 16 of T.C.A. may be checked for other statutes relating to county administration. These duties are summarized in the County Government Handbook, a CTAS publication. The following private or local acts constitute part of the administrative and political history of Lewis 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. 1. Acts of , Chapter 135, Page 216, appointed J. Nelson Patterson of Giles County, Jacob McCaig, of Perry County, and Robert C. Hemphill, of Hardin County, as Commissioners to locate the seat of justice in Lewis County, all of whom would be paid $5 per day by Lewis County while in the process of doing so. The Commissioners were obligated to locate the county seat at the most suitable place within two miles of the center of the county. Once located, it was the duty of the County Court to appoint Commissioners in the county with the same duties and authority as these. The entry-taker's and surveyor's office must be located within three miles of the present county seat at Gordon until six months after the county site is in operation. The Act also appropriates $500 out of the Treasury to preserve the place of interment of the remains of General Merriwether Lewis, naming Robert A. Smith, of Lewis County, Edmund Dillahunty and Barclay Martin, both of Maury County, and Dr. Samuel B. Moore, of Hickman County, to carry into execution the provisions of this Act relative thereto. 2. Acts of , Chapter 366, Page 676, was enacted to clarify some of the administrative and judicial confusion when the Tennessee Supreme Court ordered part of Lewis County turned back to Maury County because Maury County would be reduced below its constitutional size of 625 square miles if this were not done. This Act is referred to in several different places in this Volume. 3. Acts of , Chapter 11, Page 46, recited in the preamble that a portion of the people residing in the area of Maury County which would be attached to and become a part of Lewis County were prevented from voting in the election for that purpose because of heavy rain and inclement weather. To remedy this situation, this Act directs the Sheriff to hold the election to permit these people to vote and assumes their vote will be favorable to the extent that all acts are ratified, legalized, and confirmed and must not be construed as repealing any acts organizing Lewis County heretofore enacted. 4. Acts of 1897, Chapter 124, Page 282, was a salary Act which fixed the annual pay of county officials according to the population of the county in which they served. The Act deprived the officials of all the fees of their offices, requiring 18

24 them to file sworn, itemized reports showing all the fees collected and obligating them to pay the same over to the County Trustee. Although this Act was declared unconstitutional when Weaver, a Clerk and Master in Davidson County, sued the County in Weaver v. Davidson County, 104 Tenn. 315, 59 S.W (1900), yet it, together with some others enacted subsequently, eventually evolved into the law regulating compensation under which the State now operates. 5. Acts of 1903, Chapter 416, Page 1203, stated in the preamble that if the State of Tennessee owned any lands which should not be given away, but could be sold and the proceeds of the sale placed in the school funds, and, if the State did not own any lands in that class, the State should not be a party to any fraudulent conveyances, therefore, this Act repealed all acts which authorized land grants. 6. Private Acts of 1935, Chapter 805, Page 2107, amended Acts of 1903, Chapter 416, Item 5, above, in the caption and in the body of the law so as to exempt Lewis County from the effects of that Act which repealed all acts authorizing land grants in the State. This would apparently leave such an act in effect in Lewis County. This Act was repealed by the one below. 7. Private Acts of 1939, Chapter 257, page 751 expressly repealed Private Acts of 1935, Chapter 805, in its entirety, which would have the effect of repealing all acts authorizing land grants in Lewis County. 19

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26 CHAPTER II - ANIMALS AND FISH 21

27 ANIMALS AND FISH PRIVATE ACTS OF 1965 CHAPTER 132 SECTION 1. That all persons desiring to operate a private preserve for the propagation, breeding, raising and/or hunting of quail, turkey, pheasants, and/or all other forms of wildlife raised in captivity in Lewis County for a noncommercial purpose shall be entitled to operate such preserve and hunt pen-raised or farm-raised animals on such preserve upon complying with the provisions of this Act. SECTION 2. That operators of private wildlife preserves in said county may raise in captivity quail, turkey, pheasants, and/or all other forms of wildlife and that all wildlife so raised in captivity shall be and remain the property of the operator of said private preserve but may only be hunted on said private preserve during the months of January, February, March, October, November and December of each year by the operator thereof and the operator's nonpaying guests provided each hunter holds a valid Tennessee hunting license. SECTION 3. That an operator (which may be an individual, partnership, corporation or combination thereof) of a private wildlife preserve in said county for purposes other than commercial purposes (for which no charge is made to the persons hunting thereon) complying with the requirements hereinafter set out, need only secure an original license therefor from the Game and Fish Commission which shall set forth the approximate number of acres of land on which the preserve shall be operated plus the civil district of location in said county, and pay one fee of $10.00 therefor, which license shall be good as long as the operator and the use of the land comply with the requirements hereinafter set out. The requirements for the operation of a private wildlife preserve as set out in this paragraph shall be: (a) (b) (c) (d) (e) Said preserve shall cover an area of at least 1,000 acres and not more than 10,000 acres of land. That said land must be owned, leased, or the use thereof otherwise controlled by the operator. That said land shall be devoted to the propagation, breeding, raising and feeding of wildlife raised thereon, the hunting thereof thereon, and other incidental use which encourages the aforementioned purposes and sustaining of said wildlife. That all persons hunting on said wildlife preserve shall hold a valid Tennessee hunting license. That no charge be made to any hunter for the privilege of hunting but all hunters thereon must have permission of the operator to hunt. 22

28 (f) That an annual fee of $10.00 shall be paid to the Game and Fish Commission which shall be due each July 1. (g) (h) That said operator shall, within the first twelve months of operation, release a minimum of one hundred (100) quail per one hundred (100) acres contained in said wildlife preserve. That said operator shall, after the first year, maintain on said preserve provisions for the raising of, and shall raise, quail with which to stock said preserve adequately. SECTION 3. That if any provision of this Act or the application thereof to any person or circumstance is held unconstitutional, the remainder of the Act shall not be affected thereby, and it shall be conclusively presumed that the Legislature would have enacted the remainder of this Act without such unconstitutional provision. SECTION 4. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed: March 17,

29 ANIMALS - FISH In Tennessee, the wildlife resources agency has exclusive jurisdiction of the duties and functions formerly held by the game and fish commission or of any other law relating to the management, protection, propagation, and conservation of wildlife, including hunting and fishing. T.C.A. ' The general statutes dealing with wildlife resources are found in title 70 of the Tennessee Code Annotated. Stock laws or fence laws were for many years a source of bitter controversy in Tennessee counties. law for the state is now contained in T.C.A. title 44, chapter 8. The general fence 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 Lewis County. They are included herein for reference purposes. 1. Act of 1873, Chapter 54, Page 83, provided that no person could hunt, or kill, any deer between March 1 and September 1 of each year in the counties of Lewis, Lawrence and Wayne. Anyone doing so could be prosecuted before any Magistrate and fined $10 for each deer unlawfully killed. All prosecution would be conducted in the name of the County and all fines collected would pass into the county treasury. 2. Acts of 1875, Chapter 47, Page 45, repealed so much of Section 4 of the above 1873 Act, which prohibited the slaying of deer between certain dates each year insofar as the same applied to Wayne County and Franklin County, which, after the Act above was enacted, made it applicable to itself. 3. Acts of 1889, Chapter 171, Page 322, was a general game law for the State which declared it illegal to hunt, kill, or trap, deer for profit but authorized the same to be done lawfully for one's own consumption. One was allowed to kill for profit but only on one's own land, and then only between August 1 and January 1 each year. It was further unlawful to hunt, kill, trap or capture quail, or partridges, for profit except on one's own land and between November 1 and the following March 1. Fines from $5 to $25 were established for the first offense and from $25 to $50 for the second, and subsequent, acts. Constables and Justices of the Peace were declared to be Game Wardens also for the enforcement of this Act. Lewis County was among the 65 counties which exempted themselves from the provisions, terms and conditions of this Act. 4. Acts of 1895, Chapter 127, Page 256, was a general State law prohibiting any person to catch, kill or wound any fish in any of the streams, lakes, ponds, or rivers in Tennessee by seine, trap, gun, grabbing with the hands, gig, poison, dynamite, or by any other method or contrivance, other than rod or line, or trot line. Private ponds, Reelfoot Lake, and minnows under 42 inches were excepted. Fines went from $10 to $50 and jail sentences could not exceed six months. All fines were to be placed into the school fund. 24

30 5. Acts of 1901, Chapter 261, Page 572, amended the general law of the State so as to permit the taking of fish in Lewis County by any means other than by poison or explosives but it was illegal for any person to kill fish aimlessly, or needlessly, or to cause the same to be done. Violators of this Act would be punished in accordance with the general laws of the State. 6. Private Acts of 1905, Chapter 212, Page 441, declared it to be a misdemeanor for any person who was a non-resident of the Counties of Lawrence, Wayne, or Lewis, to hunt, take, or kill, game and fish, in these said counties without the written permission of the owner of the land, or the person having control over it, on which the hunting, or fishing, took place. 7. Private Acts of 1917, Chapter 168, Page 607, made it lawful for any resident of Lewis County to take and catch fish from any of the streams in the said county by gig, hands, nets, and seines, (if the mesh were no smaller than 12 inches). It was further made unlawful to fish in Lewis County between April 1 and May 15 in any fashion or by any means. Anyone failing to heed the above could be fined as in misdemeanor cases. 8. Private Acts of 1917, Chapter 323, Page 981, was a cattle registration law for Lewis County (identified by the 1910 Federal Census figures). The law required the County Court Clerk to keep a registration book in which all cattle growers and dealers having herds of five, or more, head were compelled to register the same. Milk cows were expressly exempted from the registration for which the Clerk could charge ten cents per head for entering on the books. Six cattle inspection lots were established at the locations specified in the Act. Failure to comply could result in the imposition of fines ranging from $1 up to $50 for each offense. 9. Private Acts of 1917, Chapter 394, Page 1211, declared it to be contrary to the law for any owner of Jersey bulls, or scrub bulls, to allow them to run at large, or on the range in Lewis County, but all thoroughbred bulls could do so. Fines for infractions of this Act were set from $5 to $ Private Acts of 1917, Chapter 437, Page 1352, amended Public Acts of 1915, Chapter 152, Section 54, by making that Act inapplicable to Lewis County and its terms and conditions of no effect therein. (Public Acts of 1915, Chapter 152, which this act purports to modify, does not concern itself with game and fish, but the 1917 Act herein stated that it did, creating a discrepancy.) 11. Private Acts of 1931, Chapter 478, Page 1257, provided that within 15 to 30 days from the passage of this Act, it would be the responsibility of the Election Commissioners of Lewis County to order, open, and hold an election therein in all ten Civil Districts to ascertain the will of the people upon the question of a stock law or a no fence law. Ballots would simply be marked "For" or "Against" such a law The Election Commission would further canvass the results of the election and certify the same to the Senator and Representative for Lewis County in the General Assembly. 12. Private Acts of 1933, Chapter 275, Page 654, stated that in Lewis County, it would be unlawful to kill, wound, hunt, chase, or knowingly to permit a dog to chase deer, or otherwise to destroy deer, or to have deer in one's 25