Giles Co - 2007

PRIVATE ACTS
OF
GILES COUNTY, TENNESSEE
REVISED EDITION
COUNTY TECHNICAL ASSISTANCE SERVICE

THE UNIVERSITY OF TENNESSEE
INSTITUTE FOR PUBLIC SERVICE
NASHVILLE, TENNESSEE
Original Compilation By
William C. McIntyre, County Legal Specialist
December, 1981
Revised and Edited By

Steve Lobertini, Legal Consultant
and Stephany A. Skaggs, Administrative Assistant
1994
Updated By
Elaine Turner, Paralegal
2007
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 Giles County will provide a useful reference for county administration in Giles
County.
We are indebted to the Giles County legislative delegation for its continued support of
the County Technical Assistance Service and this compilation.
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HOW TO USE THE PRIVATE ACTS OF GILES 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. The parallel reference table in the back of this volume affords a reference to the
pages containing the desired act or acts.
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 2006 Extraordinary Session of the 104th
Tennessee General Assembly.
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TABLE OF CONTENTS
PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
HOW TO USE THE PRIVATE ACTS OF GILES COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . ii
CHAPTER I - ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
BUDGET SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
COUNTY ATTORNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
COUNTY CLERK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
COUNTY MAYOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
COUNTY EXECUTIVE TITLE REDESIGNATED . . . . . . . . . . . . . . . . . . . . . 11
COUNTY FARM, COURTHOUSE, AND JAIL FUND . . . . . . . . . . . . . . . . . . . . . . . . 14
COUNTY LEGISLATIVE BODY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
COUNTY REGISTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
COUNTY TRUSTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PURCHASING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
SOUTHERN WATER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
GENERAL REFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
CHAPTER II - ANIMALS AND FISH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
CHAPTER III - BOND ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

ASYLUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
BRIDGE AND DRAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
BUILDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
COURTHOUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
DEBTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
HOSPITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SCHOOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
CHAPTER IV - BOUNDARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
CREATION OF THE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
CHAPTER V - COURT SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

BOARD OF JURY COMMISSIONERS - JURORS . . . . . . . . . . . . . . . . . . . . . . . . . . 73
GRAND JURY CLERK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
CHANCERY COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
CLERK AND MASTER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PROBATE JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
CIRCUIT COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
CLERK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
CRIMINAL COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
DISTRICT ATTORNEY GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
ASSISTANTS AND CRIMINAL INVESTIGATORS . . . . . . . . . . . . . . . . . . . . 87
GENERAL SESSIONS COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
JUVENILE COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
SECRETARIAL ASSISTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
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CHAPTER VI - EDUCATION/SCHOOLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
BOARD OF EDUCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
PROSPECT HIGH SCHOOL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
SUPERINTENDENT OR DIRECTOR OF SCHOOLS . . . . . . . . . . . . . . . . . . . . . . . 104
TEACHER RETIREMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
GENERAL REFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
CHAPTER VII - ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

DISTRICTS - REAPPORTIONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
CHAPTER VIII - HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
CHAPTER IX - HIGHWAYS AND ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

BOOKKEEPER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
CHAPTER X - LAW ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

JAILS AND PRISONERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
MILITIA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
OFFENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
SHERIFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
CHAPTER XI - TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

ASSESSOR OF PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
HOTEL/MOTEL TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
MINERAL DEPOSITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
MOTOR VEHICLE TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
ORDINARY PURPOSE TAX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
PARALLEL REFERENCE TABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
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CHAPTER I - ADMINISTRATION
1
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 1993. 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. §§ 5-9-
401 through 5-9-407, and T.C.A. § 49-2-301 (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.
§ 5-9-407.
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
5-13-111 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. § 5-21-101 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. §§
5-12-201 through 5-12-217. 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.
2
ADMINISTRATION
COUNTY ATTORNEY
PRIVATE ACTS OF 1931
CHAPTER 255
SECTION 1. That the office of County Attorney of all counties in the State of
Tennessee, having a population of not more than 28,026 and not less than 28,006, according to
the Federal Census of 1930 or any subsequent Federal Census, be, and the same is, hereby
created and said officials shall be elected by the Quarterly Court of all such counties at its
regular July Term in quarterly session assembled, for a period of four years and until a successor
is duly elected under the provisions of this Act, provided, however, the first election of a County
Attorney under this Act shall take place at the July Term of the Court in quarterly session
assembled in the year 1933, and, provided, further, that any Attorney now acting or serving as
County Attorney by virtue of having been elected by the Quarterly Court shall serve and be the
County Attorney until the quarterly meeting of the County Court in July, 1933, and should for
any reason, a vacancy occur before the first election as herein provided in 1933, the Governor
shall immediately appoint another County Attorney to serve until the first election in July of
1933. Every four year from the said July term in 1933, the said Court shall elect a succeeding
official for said office for a term of four years or until his successor shall be duly elected in
accordance with the provisions hereof.
SECTION 2. That the salary of said County Attorney or any Attorney now serving as
County Attorney, who, under the provisions of this Act would serve until the first regular
election herein provided, shall be $600.00 per annum, provided, however, that said sum of
$600.00 per annum shall be and is hereby fixed as a minimum annual salary of said office, and
said quarterly session of said courts shall have and possess the power and is hereby authorized,
at its July Term of Court at which the County Attorney may be elected, under the provisions of
this Act, to fix such salary per annum of such office at a larger or greater amount than the
minimum annual salary fixed herein, not to exceed the sum of $1,500.00 per annum, which sum
of $1,500.00 shall be the maximum amount fixed, if any, by said Court in its discretion as the
salary of said office. If not fixed at an amount over and above the herein fixed minimum salary
of $600.00 per annum, in accordance with the provisions of this Act, then in that event, the
salary of said office shall be the said minimum salary, fixed herein of $600.00 per annum. The
annual salary of said office shall be paid in equal monthly installments on the first day of each
and every month, payable out of the general funds of the county upon the warrant of the County
Judge or Chairman of the County Court directed to the County Trustee, and the salary of said
official as fixed herein or as to be fixed under the provisions hereof, shall not be increased or
diminished during the term of office for which such salary is fixed.
SECTION 3. That the duties of the County Attorney shall be to give and render legal aid
and advice to any and all county officials and duly appointed deputies or employees in matters
relating to their official work and official duties, to transact the usual legal business of the
county, in Court or otherwise, to meet with the Quarterly Court at its sessions and to aid and give
legal advice and render legal services to its duly appointed committees and representatives and to
3
render such other services in behalf of the county as may reasonably be deemed and construed to
be the usual, customary, and ordinary duties of a County Attorney, and to appear for and in
behalf of the county in hearings, proceedings, suits, causes, and matters affecting the county or
its interests wherever and whenever the same may be held or pending, when properly instructed
or requested so to do by the Quarterly Court of said counties or the officials of the county acting
within the scope of their authority.
SECTION 4. That the Quarterly Court of said counties shall have the power and is
hereby authorized to appropriate money and pay for stenographic, printing, office, and traveling
expenses of said County Attorney accrued in the attention to, and services rendered in matters in
behalf of the county when and only when any claim or bill for such expenses are properly made
out, sworn to, approved by the County Attorney, filed with the Clerk of the County Court, and
considered, allowed, and ordered by the Quarterly Court and said Court shall allow or disallow
such claims or bills for such expenses as it may in its discretion deem proper.
SECTION 5. That nothing in this Act shall be construed as to prohibit or restrain the said
Quarterly Court from fixing, allowing, and appropriating, and paying any fee or fees for services
rendered by the Attorney who may be elected and serving as County Attorney under the
provisions of this Act, in extra, unusual, and out of the ordinary litigation and matters requiring
an unusual amount of work and time or of great length or duration or for work and services
which would not be reasonably deemed to be the usual and ordinary work or duties of a County
Attorney, provided, however, that no such fee or fees for such extra or unusual work or services
shall be paid to the Attorney, except by the expressed action and vote of the Quarterly Court.
SECTION 6. That should any Section or part thereof in this Act be held invalid for any
reason, then such invalid Section or part thereof shall not affect or render invalid any other
Section or part thereof in this Act if such Section or part thereof may be construed to be
independent of, or is capable of being applied independently of, such invalid Section or part
thereof.
SECTION 7. That all Acts of parts of Acts in conflict with this Act, or any part thereof,
be and the same are hereby repealed.
SECTION 8. That this Act take effect from and after its passage, the public welfare
requiring it.
Passed: March 21, 1931.
4
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. § 5-6-112 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. § 49-2-203 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. § 54-7-110. There may
be other private acts which allow other governmental departments to hire attorneys.
5
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. § 18-6-101. 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. § 18-2-201.
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. § 18-6-105. The
clerk's salary is determined by T.C.A. § 8-24-102. The basic fee schedule for the county clerk is
found at T.C.A. § 8-21-407.
The following act once affected the office of county clerk in Giles County. It is included
herein for historical purposes.
1. Private Acts of 1837-38, Chapter 294, provided that the county court clerk of Giles
County be paid $1.00 as a fee for recording the proceedings of a person applying to the
county court to build a grist mill on any stream in the county. The court would appoint
three commissioners to look at the site of the proposed mill to determine that it would not
interfere with the navigation of the stream and, if not, the permit to build would be
issued.
6
ADMINISTRATION
COUNTY MAYOR
(COUNTY EXECUTIVE)
CHAPTER 77
SECTION 1. That there shall be elected by the qualified voters of Giles County, a person
learned in the law, to be styled county executive of Giles County, and who shall be the county
executive of said county, and who shall be thirty years of age; and who shall hold his office for a
term of eight years from the date of his election, and until the election and qualification of his
successor. Said person shall be a citizen of Giles County, and a person of good moral character.
SECTION 2. That the first election for county executive of Giles County shall be held at
the same place and time, and by the same officer that the other county elections are held, on the
first Thursday in August, 1894, and under the same rules and regulations that are prescribed by
law for other county elections; and subsequent elections (except vacancies, which shall be filled
when they occur in the manner prescribed by law) on the first Thursday in August every four (4)
years thereafter; and in case of sickness, incompetency, or inability of the county executive, a
special executive may be elected under the same provisions, and with the powers of said county
executive, in the same manner as prescribed by Section 4695, Milliken & Vertrees' compilation
of laws of Tennessee.
As amended by: Private Acts of 1973, Chapter 158.
SECTION 3. And the office of chairman of the county court of Giles County, and the
office of chairman pro tem. of the county court of said county, are abolished from and after the
first Monday in January, 1894.
SECTION 4. That the county executive of Giles County shall receive for his services as
county executive aforesaid the sum of one thousand dollars per annum, to be paid monthly out of
the revenue of the county upon the executive's own warrant, countersigned by the county court
clerk, and said one thousand dollars shall be in full for all fees, compensation, and emoluments
connected with said office.
SECTION 5. That nothing in this Act shall interfere with the holding of the office of
chairman of the county court of said county by the present incumbent until the expiration of his
term, on the first Monday in January, 1894.
7
SECTION 6. That it shall be made the duty of the governor to appoint a competent
person to hold the office of county executive of said county from the first Monday in January,
1894, to the first Monday in September, 1894, and until his successor is elected and qualified.
SECTION 7. That the county executive provided for in this act shall be required to enter
into bond, with sufficient security, as the county court, at its quarterly term, may require as the
financial agent of the county.
COMPILER'S NOTE: Parts of this act may have been superseded by Tennessee Code
Annotated, Title 5, Chapter 6.
8
ADMINISTRATION
COUNTY MAYOR
(COUNTY EXECUTIVE)
CHAPTER 158
COMPILER'S NOTE: Section one of this act amends Private Acts of 1893 Chapter 77 and
those changes are included in full in the preceding pages.
SECTION 2. Each and every executive, administrative and other non-judicial duty,
function, authority and responsibility vested in the office of County Judge of Giles County,
including service as presiding officer of the Quarterly County Court of said county, shall
continue to be vested in the said officer and office, and the incumbent in the said office shall
continue to bear the title of County Judge of said county, it being the legislative intent that the
County Judge of Giles County be and constitute exclusively an executive and administrative
office and officer and not a judicial officer and office.
SECTION 3. The incumbent County Judge of Giles County shall remain in that office
for the remainder of such judge's elected term, and after that time shall be eligible to run and
serve for a four (4) year term and as many successive four (4) year terms as such incumbent or
succeeding incumbent, as the case may be, shall desire. Any incumbent shall hold the office
until his successor is duly elected and qualified.
SECTION 4. As compensation for all of the duties of the County Judge of Giles County,
such judge shall receive the compensation authorized for County Judges by the general law of
the state of Tennessee, the same to be payable in equal monthly installments by warrant drawn
on the general funds of the county.
SECTION 5. There is hereby transferred all of the judicial duties formerly vested with
the County Judge of Giles County to the General Sessions Court of Giles County created by
Chapter 186 of the Private Acts of 1943 and such General Sessions Court shall assume all of the
judicial functions formerly exercised by the County Judge of Giles County beginning on the date
of final approval of this act, including but not limited to all of the jurisdiction and authority
conferred by Tennessee Code Annotated, Title 37, Chapter 2, upon the county judge or chairman
of the county court as a juvenile court, and all of the jurisdiction and authority conferred by
Tennessee Code Annotated, Title 16, Chapter 7, upon the county judge or chairman or the
county court as a judicial officer in probate.
With respect to the judicial jurisdiction transferred by this section from the County Judge
to the Court of General Sessions, the books, records, accounts, papers and documents pertaining
to such judicial matters formerly under the jurisdiction of the County Judge shall remain in the
custody and shall be the responsibility of the County Court Clerk and such clerk shall continue to
have and perform the clerical functions with respect to such judicial matters.
9
As Amended by: Private Acts of 1974, Chapter 309.
SECTION 6. This Act shall have no effect unless it is approved by a majority of the
number of qualified voters of Giles County voting in an election on the question of whether or
not the Act should be approved. Within sixty (60) days after this act becomes a law, the County
election commissioners of Giles County shall call an election for Giles County, to be held not
less than thirty (30) days, nor more than one-hundred eighty days from the date of the call. The
ballots used in the election shall have printed on them the substance of this Act and voters shall
vote for or against its approval. The votes cast on the question shall be canvassed and the results
proclaimed by the county election commissioners and certified by them to the Secretary of State
as provided by law in the case of general elections. The qualifications of voters voting on the
questions shall be the same as those required for participation in general elections. All laws
applicable to general elections shall apply to the determination of the approval or rejection of
this act. The cost of the election shall be paid by Giles County.
SECTION 7. 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 6.
Passed: May 3, 1973
COMPILER'S NOTE: Our research indicates that although the Private Acts of 1973, Chapter
158 was never certified to the Secretary of State's office, it has been acted upon by local
government and is therefore operative.
10
ADMINISTRATION
COUNTY MAYOR
COUNTY EXECUTIVE TITLE REDESIGNATED
CHAPTER 71
SECTION 1. Pursuant to Tennessee Code Annotated, Section 5-6-101(d)(2), the title of

“county mayor” in Giles County is hereby redesignated as “county executive”.
SECTION 2. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
of the legislative body of Giles County. Its approval or nonapproval shall be proclaimed by the
presiding officer of Giles County and certified to the secretary of state.
become effective as provided in Section 2.
Passed: May 27, 2005.
11
ADMINISTRATION
COUNTY MAYOR
All counties in Tennessee, except those with a metropolitan form of government, must
have an elected county executive who is formally entitled county mayor unless entitled county
executive by private act. T.C.A. § 5-6-101. The county mayor serves a four year term.
The county mayor 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 mayor
serves as a nonvoting, ex officio member of the county legislative body, and the county mayor or
a representative of the county mayor serves as a nonvoting member of all committees of the
legislative body. T.C.A. § 5-6-106. The county legislative body may elect the county mayor as
its chairman. However, the county mayor may refuse to serve as chairman. T.C.A. § 5-5-103.
If the county mayor is not elected chairman, then the county mayor may veto legislative
resolutions of the county legislative body. T.C.A. § 5-6-107.
Except as otherwise provided by law, the county mayor 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. § 5-6-106(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 mayor may not be applicable.
The county mayor is authorized to employ one or more clerical assistants as may be
necessary for the performance of his or her official duties. The county mayor sets the
compensation for these clerical assistants within the amount appropriated for this purpose by the
county legislative body. T.C.A. § 5-6-116.
The references below are of acts which once applied to the office of county judge, or
county executive in Giles County. They are included herein for historical purposes only. Also
referenced below are acts which repeal prior law without providing new substantive provisions.
1. Private Acts of 1856, Chapter 253, created an office of county executive in every county
who would be elected by the people for four year terms and be a person learned in the
law; who would hold court on the first Monday of every month. The court was organized
and its jurisdictional powers enumerated. This Act was repealed by Acts of 1857-58,
Chapter 5, and all the quorum courts restored.
2. Private Acts of 1857-58, Chapter 20, authorized and requested the Governor to appoint a
suitable person to act as county executive of Giles County during the December term of
the court, who would have all the rights, powers, privileges, and obligations as any other
county executive.
3. Private Acts of 1867-68, Chapter 47, created the office of county executive for Lincoln,
Hamilton, Franklin, Lawrence, and Giles Counties for a term of eight years and who was
not required to be learned in the law. The Executive was also made the accounting
officer and financial agent of the county under this Act which abolished the existing
12
powers of the County Court and promulgated new ones. The administrative portions of
the act with the exceptions mentioned are similar to preceding legislation in this regard.
4. Private Acts of 1909, Chapter 40, amended Acts of 1883, Chapter 77, Section 4,
published herein, by making the salary of the County Executive payable monthly instead
of quarterly as provided in that act.
5. Private Acts of 1909, Chapter 348, set the salary of the County Executive at $100 per
month to be paid out of the revenue of the county upon the executive's own warrant
countersigned by the County Court Clerk, to be in full compensation for his services in
that office.
6. Private Acts of 1917, Chapter 346, raises the executive's salary to $1,800 yearly for his
services as County Executive to be paid monthly out of the revenue of the county on the
executive's own warrant countersigned by the County Court Clerk. This amount would
be in full payment for all services rendered in connection with that office.
7. Private Acts of 1925, Chapter 390, elevates the county executive's compensation to
$2,000 annually under the same terms and conditions as those written in the 1917 Act
above. This act contains a general repealer.
8. Private Acts of 1939, Chapter 256, permitted the County Executive to employ a secretary
to assist him in his work at a salary to be fixed by him but not to exceed $600 yearly,
payable in equal monthly payments out of regular county funds. This position apparently
was merged into the 1951 Act since no further legislation appears concerning it.
9. Private Acts of 1947, Chapter 847, repeals Acts of 1925, Chapter 390, and there fixes the
salary of the County Executive at $2,400 annually, to be paid in monthly installments as
required in the previous acts.
10. Private Acts of 1951, Chapter 408, authorized and empowered county executives in
counties having a population of not less than 29,230 nor more than 29,250 according to
the Federal Census of 1940, to employ clerical help to assist him in performing the duties
of his office at a salary not to exceed $300 per month. This act was amended by Private
Acts of 1957, Chapter 36, Private Acts of 1961, Chapter 65, and Private Acts of 1965,
Chapter 44.
11. Private Acts of 1951, Chapter 409, fixed the compensation of the County Executive for
his services as accounting officer and financial agent of Giles County at $1,800 annually
payable as before on his own warrant countersigned by the County Court Clerk. This Act
was repealed specifically by Private Acts of 1963, Chapter 89.
12. Private Acts of 1963, Chapter 89, repealed Private Acts of 1951, Chapter 409, which set
salary of the County Executive for his services as accounting officer and financial agent
at $1,800 annually.
13
ADMINISTRATION
COUNTY FARM, COURTHOUSE, AND JAIL FUND
CHAPTER 730
SECTION 1. That there hereby be created in Giles County another Fund in addition to
those now existing to be known as the County Farm, Court House, and County Jail Fund.
SECTION 2. That the above created County Farm, Court House, and County Jail Fund
shall take care of all of the expenses of operating, maintaining, and running the County Farm of
Giles County, including and any and all salaries paid to anyone in connection with said farm and
telephone expenses; and expense in connection with Giles County Court House to include all
fuel and heating purposes, all lights used in the Court House, all water used therein, all expenses
in connection with cleaning the Court House and it grounds, including janitor's hire, any and all
repair work of whatever kind and character and telephone expenses; and expense in connection
with the County Jail to include the County board bill of all county prisoners, all fuel for heating
purposes, all lights and water expenses, all repair expense of every kind and character, jail
physician's salary and telephone expense.
SECTION 3. That this Act shall take effect from and after its passage, the public welfare
requiring it.
Passed: July 2, 1931.
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. §
5-1-108.
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
Giles County and are included herein for historical purposes.
1. Private Acts of 1809, Chapter 93, set the times for holding the court of Pleas and Quarter
Sessions in Giles on the third Monday in February, May, August and November. This
Act also gave the court authority to appoint 13 jurors for each court.
2. Private Acts of 1813, Chapter 134, among other things changed the times for meeting of
the County Court to the first Mondays in March, June, September and December.
3. Private Acts of 1817, Chapter 138, also changed the meeting dates for the court of Pleas
and Quarter Sessions in Giles County to the third Monday in February, May, August and
November. This court could hold for two weeks, if necessary, to complete its business
but other courts would hold for only one week.
4. Private Acts of 1821, Chapter 77, conferred the power of eminent domain, the right to
condemn property for a public purpose, upon the Giles County Quarterly Court for
obtaining land for cemeteries.
5. Private Acts of 1830, Chapter 102, authorized the County Court of Pleas and Quarter
Sessions, if they should so desire, a majority of the justices being present and concurring,
to elect three of their number at the January term to hold court for the remainder of the
year.
6. Private Acts of 1857-58, Chapter 20, authorized and requested the Governor to appoint a
suitable person to act as County Executive of Giles County during the December term of
15
the court, who would have the same rights, powers, privileges, and obligations of any
other County Executive.
7. Private Acts of 1923, Chapter 35, changed the times of holding the sessions of the county
court of Giles County to the second Monday in January, April, July and October of each
year.
8. Private Acts of 1955, Chapter 148, sets the per diem of the Quarterly County Court at
$10 per day without any additional allowance for mileage or travel expense.
9. Private Acts of 1964, Chapter 44, amend Private Acts of 1955, Chapter 148 by increasing
the per diem of the Quarterly County Court to $25 per day.
16
ADMINISTRATION
COUNTY REGISTER
CHAPTER 78
SECTION 1. That when any grantee or lessee of real estate in Giles County presents his
deed or lease to the County Register for registration and it appears from said instrument or
otherwise that the grantee or lessee is chargeable for the payment of the tax thereafter to accrue
on said real estate, that said County Register shall be required before accepting said instrument
for registration, to ascertain from the grantee or lessee whether he purchased or leased all or a
portion of the property of his grantor or lessor; the true consideration given or promised therefor
and if the entire tract of the grantor has not been conveyed or leased, what portion has been
retained by the grantor or lessor. Said County Register shall also ascertain the nature or
character of improvements located on the real estate purchased or leased.
SECTION 2. That the County Register be and he is hereby required to record the
information to be ascertained in the foregoing section in a well bound book to be furnished by
Giles County. Said Record Book shall be kept in duplicate form and shall show the names of the
grantors or lessors; the names of the grantees or lessees, the kind of instrument (whether a deed
or lease); the number of acres or town lots; the district where located and under the title
"Remarks" show such other information as will enable the County Tax Assessor to keep current
the records of his office to the end that all real estate shall be assessed for taxation in the name of
the true owner or in the name of the person or persons responsible for the payment of the taxes.
SECTION 3. That it shall be the duty of the County Register to deliver to the County
Tax Assessor the original slip taken from his Record Book showing the information required by
this Act and it shall be the duty of the County Tax Assessor to keep said slip so furnished by
same and to note the changes in owners as shown thereby on his records to the end that his
records will at all times show the names of the true owners of the real estate or the persons
responsible for the payment of the Tax Assessable against said real estate.
SECTION 4. That a fee of twenty-five cents be charged by the County Register and paid
by the grantee or lessee for the services of the County Register rendered in procuring the
information required by this Act and for keeping the record thereof and delivering same to the
County Tax Assessor.
requiring it.
Passed: January 28, 1949.
17
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. § 8-24-102.
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.
18
ADMINISTRATION
COUNTY TRUSTEE
CHAPTER 267
SECTION 1. That the County Trustees in all counties having a population of over
30,940 and under 30, 960 according to the Federal Census, shall give one bond to the State of
Tennessee for its own use for the same amount of the taxes collected for the State during the year
prior to which such bonds shall be executed and one to the State of Tennessee for the use and
benefit of such county in the amount of 30% of the taxes collected for the county during the year
prior to which such bonds shall be executed, as the same may be shown by the report of the
Trustee of such county make to the State Comptroller and to the County Count of such county in
September next preceding the execution of such bonds.
SECTION 2. That any and all bonds now in effect shall, within thirty days after this Act
shall take effect, be readjusted upon the above basis.
SECTION 3. That all laws and parts of laws in conflict with this Act be, and the same
are hereby repealed.
requqiring (sic) it.
19
ADMINISTRATION
COUNTY TRUSTEE
CHAPTER 391
SECTION 1. That in counties of this State having a population of not less than 28,000
nor more than 28,100 by the Federal Census of 1930 nor any subsequent Federal Census, the
bond executed by the County Trustee for county taxes shall be in the penalty of one hundred
thousand ($100,000) Dollars, provided however, that said bond shall be conditioned and
approved as now provided by law.
SECTION 2. That this Act shall take effect from and after September 1, 1934, the public
welfare requiring the same.
Passed: April 6, 1933.
20
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. § 8-11-101. Upon election the trustee
must take the required oath of office and enter into a surety bond. T.C.A. § 8-11-102. 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. § 8-24-102.
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. § 49-2-
203(A)(4)), but this law is superseded in those counties that adopt the statutes of the optional
County Financial Management System of 1981. T.C.A. § 5-21-106 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. § 5-14-115.
The County Uniform Highway Law, at T.C.A. § 54-7-113, 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 1981. 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. § 5-14-201 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 1957. 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. §§ 5-14-101 through 5-14-116,
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 1957. Under this
act the county executive appoints a purchasing agent subject to the approval of the county
legislative body. T.C.A. § 5-14-103. The purchasing agent must be qualified by training and
experience to perform the required duties. T.C.A. § 5-14-103.
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. §§ 8-24-101 and 8-24-102. T.C.A. § 5-14-103(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. § 5-14-105 et seq.
The County Financial Management System of 1981 is found in T.C.A. §§ 5-21-101

through 5-21-129. This law provides for the consolidation and establishment of a financial
management system for all county funds operated through the 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)
22
vote of the county legislative body or a majority of the voters in order to be effective in any
county. T.C.A. § 5-21-126.
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. § 5-21-103. 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. §
5-21-124.
The County Purchasing Law of 1983, T.C.A. § 5-14-201 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 1981. 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 § 5-14-204 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. §
12-3-1007.
County governments may use pricing discounts obtained by the National Association of
Counties (NACo) Purchasing Alliance by considering the NACo price in the same manner as a
formal bid or informal quotation under the county’s bidding laws. T.C.A. § 12-3-1008. The
Tennessee Department of General Services (TDGS) may upon request, purchase supplies and
equipment for any county. Counties, without public advertisement and competitive bidding,
may purchase under the provisions of contracts or price agreements entered into by TDGS. Also,
county governments may purchase goods, except motor vehicles, under federal General Services
Administration (GSA) contracts, to the extent permitted by federal law or regulations. T.C.A. §
12-3-1001.
23
Counties are authorized to distribute and receive bids, proposals and other offers
electronically, but are prohibited from requiring small or minority owned businesses to receive
or respond electronically. T.C.A. § 12-3-704.
The following acts once affected the purchasing procedures of Giles County, but are no
longer operative. Also referenced below is an act which repealed prior law without providing
new substantive provisions.
1. Private Acts of 1949, Chapter 89, Page 196, created the office of purchasing agent for the
county and named the County Executive to fill it. The Agent was given sole power and
authority to purchase everything except standard office supplies used in each department
and except in the school system, and, further, to lease or rent anything. If the amount was
over $500, certain requirements had to be made respecting advertising, specifications,
bids, and acceptance of bids; all items less than $500 could be purchased directly without
bids. The salary was $1,800 annually paid from county funds.
2. Private Acts of 1951, Chapter 127, repeals Private Acts of 1949, Chapter 89, above,
which created the position of Purchasing Agent.
24
ADMINISTRATION
SOUTHERN WATER AUTHORITY
CHAPTER 60
SECTION 1. Purpose and creation of Authority.
(a) A governmental authority to be known as the “Southern Water Authority” is hereby

created and established for the purpose of planning, acquiring, constructing, improving,
extending, furnishing, equipping, financing, owning, operating, and maintaining a water and
wastewater system, including treatment, storage, distribution and collection facilities, properties,
and services, as hereinafter provided; the selling, donating, conveying, or otherwise disposing of
water and wastewater; and undertaking any project or work related thereto or connected
therewith. The Authority shall be a public and governmental body acting as an instrumentality
and agency of the county and districts, which are or become participants in the Authority, and
the powers granted are for public and governmental purposes and matters of public necessity.
(b) The purpose of the Authority is also to plan and develop the water resources of the
geographic region and to provide necessary wastewater collection and treatment attendant
thereto. The further purpose of the Authority is to provide environmental services and to secure
economic benefits to the geographic region that it encompasses and may serve.
SECTION 2. Definitions.
Whenever used in this act, unless a different meaning clearly appears in the context, the
following terms, whether used in the singular or plural, shall be given the following respective
interpretations:
(1) “Authority” means the Southern Water Authority created by this act;
(2) “Board” means the Board of Directors of the Authority;
(3) “Bonds” means bonds, interim certificates or other obligations of the Authority issued
pursuant to this act including joint obligations of the Authority and the county, districts or
municipalities;
(4) “County” means Giles County, Tennessee;
(5) “Districts” refers to the South Giles Utility District, the Minor Hill Utility District,
Fairview Utility District, and Tarpley Shop Utility District, provided the governing body of such
utility district enters into an agreement with the Authority as provided in Section 18;
(6) “Governing Body” means the Chief Legislative Body of a municipality, as hereinafter
defined;
25
(7) “Municipality” means any county, incorporated city or town, utility district, or other
municipal, or governmental body or subdivision in this State, thereof now or hereafter authorized
by law to be created, subject to appropriate action being taken by such incorporated city or town,
utility district, or other municipal or governmental body or subdivision in this State;
(8) “Notes” means notes or interim certificates of the Authority issued pursuant to this
act, including joint obligations of the Authority and the county and/or districts;
(9) “Person” means any individual, firm, partnership, association, corporation, or any
combination thereof;
(10) “Refunding Bonds” means refunding bonds, issued pursuant to this act, including
joint obligations of the Authority and the county issued pursuant to this act and Tennessee Code
Annotated, Title 9, Chapter 21, Parts 1 and 9, to refund bonds of the Authority or bonds issued to
refund bonds or notes of the county, the districts or a municipality issued by such county, district
or municipality, the proceeds of which were used to construct, acquire, extend, improve or equip
all or a portion of a system acquired by the Authority or to refund bonds, the proceeds of which
were used for such purposes;
(11) “State” means the State of Tennessee; and
(12) “System” means a water and wastewater system, which shall include, but not be
limited to, all devices and systems used in the storage, treatment, recycling and reclamation of
sewage of residential, commercial and industrial wastes of a liquid nature to restore and maintain
the chemical, physical and biological integrity of the State’s waters; or any devices and systems
used in the treatment and distribution of water, including intercepting sewers, outfall sewers,
sewage collection systems, water storage facilities, water transmission lines, pumping, power
and other equipment, and other appurtenances, extensions, improvements, remodeling, additions
and alterations thereof, elements essential to provide a reliable recycled supply, such as standby
treatment units and clear well facilities, and any works.
SECTION 3. Board of Directors.
(a) The Authority shall have a Board of Directors in which all powers of the Authority
shall be vested. Each Director shall have an equal vote in the affairs of the Authority.
(b) Provided appropriate action is taken by the governing body of the districts in
accordance with Section 18, the initial membership of the Board of Directors shall consist of the
following Directors designated as follows:
(1) The County Executive of Giles County or the designee of the County
Executive who is named in a revocable written instrument executed by the County
Executive.
(2) One (1) Director to be selected by each of the governing bodies of the South
Giles Utility District, Minor Hill Utility District, Fairview Utility District and Tarpley
Shop Utility District. The governing body of each utility district is hereby authorized to
appoint one (1) person as Director.
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(3) Upon adoption of a resolution by a two-thirds (2/3) vote of the municipal
governing body of the City of Pulaski, the governing body of such municipality is
authorized to appoint one (1) person to serve as an additional Director on the Board of
Directors.
(4) Upon execution of an agreement between any other municipality and the
authority as provided for in Section 18 of this act, the governing body of any such
municipality is authorized to appoint one (1) person to serve as an additional Director on
the Board of Directors.
(c) All vacancies on the Board shall be filled as follows:
(1) For the Director selected pursuant to subdivision (b)(1) above, vacancies shall
be filled by the County Executive of Giles County or his designee.
(2) For the Directors selected pursuant to subdivision (b)(2) above, vacancies
shall be filled by the governing body of the utility district which was represented by the
departing Director.
(3) For the Directors selected pursuant to subdivision (b)(3) or (b)(4) above,
vacancies shall be filled by the governing body of the municipality which was
represented by the departing Director.
(d) The term of a Director service pursuant to subdivision (b)(1) shall be concurrent with
the term of office of the County Executive of Giles County. The term of a Director serving
pursuant to subdivision (b)(2), or the term of a Director representing a utility district pursuant to
subdivision (b)(3) shall be four (4) years. The term of a Director serving pursuant to subdivision
(b)(3) representing a municipality other than a utility district shall be concurrent with the term of
office of the chief executive of such municipality.
(e) A majority of the Board constitutes a quorum, and the Board shall act by a vote of a
majority present at any meeting attended by a quorum. Vacancies among the Directors shall not
affect their power and authority, so long as a quorum remains. Within thirty (30) days after
selection of the Board, as herein provided, the Board shall hold a meeting to elect a Chairman, a
Vice-Chairman, a Secretary and a Treasurer, and such other officers as shall from time to time be
deemed advisable by the Board. The Secretary shall keep minutes of all regular and special
meetings of the Authority. Such minutes shall be available for inspection by the public at the
office of the Authority at all reasonable times.
(f) The Board shall hold meetings at such times and places as the Board may determine
and all such meetings shall be open to the public. Special meetings may be called and held upon
such notice and in such manner as the Board may, by resolution, determine. Except as otherwise
expressly provided herein, the Board shall establish its own rules of procedure. Any action taken
by the Board exercising its powers and authority under the provisions of this act may be
exercised by vote or resolution at any regular or special meeting.
(g) All Directors shall serve with compensation as the Board may determine by
resolution. The Board, upon a majority vote, may set compensation up to but not exceeding one
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hundred dollars ($100) per Director per meeting of the Authority; provided, however, that the
Directors shall not be compensated for more than twelve (12) meetings in one calendar year.
SECTION 4. Powers of the Authority.
The Authority shall have the following powers in addition to those specified in other
sections of this act, together with powers incidental thereto or necessary for the performance of
those hereinafter stated.
(1) To sue and be sued and to prosecute and defend, at law or in equity, in any court
having jurisdiction of the subject matter and of the parties;
(2) To have a seal and to alter the same at pleasure; provided, however, the absence
thereof shall have no effect on the validity of any document, instrument or other writing;
(3) To plan, establish, acquire, whether by purchase, exchange, gift, devise, lease, the
exercise of the power of eminent domain to the extent authorized pursuant to general law, or
otherwise, and to construct, equip, furnish, improve, repair, extend, maintain, and operate one (1)
or more systems within or without the geographic boundary and service areas of the county or
districts as such boundaries now or may hereafter exist, including all real and personal property,
facilities, and appurtenances which the Board of the Authority may deem necessary in
connection therewith and regardless of whether or not such system shall then be in existence;
(4) To enter into agreements with the county, the districts and any municipality for the
orderly transfer of all or any part of the system of the county, the districts or such municipality,
and to the extent permitted by law and contract, to assume, to reimburse or to otherwise agree to
pay outstanding obligations or liabilities of the county, the districts or such municipality incurred
to acquire, extend or equip the system;
(5) To enter into agreements with the county, the districts and any other municipality, to
acquire by lease, gift, purchase or otherwise any system or property related thereto, of the
county, the districts or such municipality and operate such system separately or as a part of its
systems; or enter into agreements with the county, the districts or any municipality providing for
the operation by the Authority of the system, or any portion thereof, owned by the county, the
districts or municipality;
(6) To acquire, whether by purchase, exchange, gift, devise, lease, the exercise of the
power of eminent domain, or otherwise, any and all types of property, franchises, assets, and
liabilities, whether real, personal, or mixed, tangible or intangible, and whether or not subject to
mortgages, liens, charges or other encumbrances and to hold, sell, lease, exchange, donate, or
convey its properties, facilities, and services, but only for the purpose of continuing operation of
any system by the Authority, whenever the Board of the Authority shall find such action to be in
furtherance of the purposes for which the Authority is hereby created; provided, however,
revenues of any system of the Authority shall be accounted for in such manner as not to impair
the obligations of contract with reference to bond issues or other legal obligations of the
transferor and shall fully protect and preserve the contract rights vested in the owners of
outstanding bonds, obligations, or contractual interests; provided, further, any income from the
sale of such properties, facilities, and services shall be dedicated to the continued operation of
any system by the Authority;
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(7) To buy, sell, store, treat and distribute water; to collect and provide treatment for
wastewater from, with or to any municipality or other governmental unit of the State or any
agency thereof or the United States or any agency thereof, or any persons whether public or
private, and to enter into contracts, agreements, or other arrangements with the county, districts,
any municipality or other persons in connection therewith;
(8) To make and enter into all contract, trust instruments, agreements, and other
instruments with the county, districts, any municipality, the State or agency thereof, the United
States or any agency thereof, or any person, including without limitation, bonds, notes, loan
agreements with the Tennessee Local Development Authority or the Tennessee Department of
Environment and Conservation and other forms of indebtedness as if it were a local government,
as such term is defined in applicable statutes governing grants and loans to construct, equip or
extend the system, and to enter into contracts for the management and operation of a system or
any facilities or service of the Authority for the treatment, processing, collection, distribution,
storage, transfer, or disposal of water and wastewater;
(9) To incur debts, to borrow money, to issue bonds, and to provide for the rights of the
holders thereof;
(10) To apply for, accept and pledge donations, contributions, loans, guarantees, financial
assistance, capital grants, or gifts from the county, districts, any municipality, the State or any
agency thereof, the United States or any agency thereof, or any person, whether public or
private, for or in aid of the purposes of the Authority, to enter into agreements in connection
therewith and to accept the same;
(11) To pledge all or any part of the revenues, receipts, donations, contributions, loans,
guarantees, financial assistance, capital grants, or gifts of the Authority, to mortgage and pledge
one (1) or more of its systems or any part or parts thereof, whether then owned or thereafter
acquired, and to assign and pledge all or any part of its interest in and rights under contracts and
other instruments relating thereto as security for the payments of the principal, premium, if any,
and interest on bonds, refunding bonds, loan agreements or notes issued by the Authority;
(12) To have control of its systems, facilities, and services with the right and duty to
establish and charge rates, fees, rental, tolls, deposits and other charges for the use of the
facilities and services of the Authority and of the sale of materials or commodities by the
Authority and to collect revenues and receipts therefrom, not inconsistent with the right of
holders of its bonds, refunding bonds, and notes;
(13) To enter onto any lands, waters, and premises for the purpose of making surveys,
soundings, and examinations in and for the furtherance of the purposes authorized by this act;
(14) To use any right-of-way, easement, or other similar property right necessary or
convenient in connection with a system, held by the State or any political subdivision thereof,
provided the governing body of such political subdivision consents to such use;
(15) To employ and pay compensation to such agents, including attorneys, accountants,
engineers, architects, and financial advisors, as the Board shall deem necessary for the business
of the Authority;
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(16) To employ and pay compensation to such employees, including a general manager,
who shall have such authority, duties, and responsibilities as the Board deems necessary;
(17) To procure and enter into contracts for any type of insurance or indemnity against
loss or damage to property from any cause, including loss of use and occupancy, against death or
injury of any act of any member, officer, or employee of the Authority in the performance of the
duties of the office or employment, or any other insurable risk, including the payment of its
bonds, refunding bonds or notes, as the Board in its discretion may deem necessary;
(18) To enter into, by contract with the county and/or the districts, or otherwise, a plan
for pension, disability, hospitalization and death benefits for the officers and employees of the
Authority;
(19) To exercise all powers expressly given to it and necessarily implied therefrom, to
make and execute contracts and all other instruments necessary or convenient to do any and all
things for the exercise of its powers hereunder, and to establish and make rules and regulations
not inconsistent with the provision of this act, deemed expedient for the management of the
Authority’s affairs;
(20) To adopt by majority vote of the Board the purchasing procedures for utility districts
as defined in Tennessee Code Annotated, Title 7, Chapter 82, Part 8; and
(21) To make all necessary investments, in the discretion of the Board, consistent with
the powers of local governments to make such investments as provided in Tennessee Code
Annotated, Section 9-1-107.
SECTION 5. Condemnation and eminent domain.
The Authority may condemn in its own name any land, rights-in-land, easements, or
rights-of-way which in the judgment of the Board, are necessary for carrying out the purposes
for which the Authority is created, and such property or interest in such property may be so
acquired whether or not the same is owned or held for public use by persons having the power of
eminent domain, or otherwise held or used for public purposes; provided, however, such prior
public use will not be interfered with by the use to which such property will be put by the
Authority; provided further, the exercise of eminent domain power shall be approved by a
majority of those present and voting of the Board of the Authority. Such power of condemnation
may be exercised in the manner prescribed by any applicable statutory provisions now in force
or hereafter enacted for the exercise of the power of eminent domain to the extent such Authority
is authorized by general law to exercise such power.
SECTION 6. Rates sufficient to pay costs and retire bonds.
The Board shall prescribe and collect reasonable rates, fees, tolls, or charges for the
services, facilities, and commodities of any system, shall prescribe penalties for the nonpayment
thereof, and shall revise such rates, fees, tolls or charges from time to time whenever necessary
to ensure that any system shall be and always remain self-supporting. The rates, fees, tolls, or
charges prescribed shall be such as will always produce revenue at least sufficient:
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(1) To provide for all expenses of operation and maintenance of the system, including
reserves therefor;
(2) To pay when due all bonds, notes and interest and premiums thereon for the payment
of which such revenues are or shall have been pledged, charged, or otherwise encumbered,
including reserves therefor; and
(3) To provide for the extension or improvement of the system; provided, however, that
the Authority shall charge equal rates to the county, the districts, and any municipality
hereinafter entering into such an agreement with the Authority as provided in Section 18 of this
act. This provision shall apply to the rates charged for the provision of services as outlined in
Section 4 (7) of this act.
SECTION 7. Notes of the Authority.
(a) The Authority may issue, by resolution adopted by the Board, interest-bearing bond
anticipation notes for all purposes for which bonds can be legally authorized and issued by the
Authority. Such notes shall be secured by the proceeds from the sale of the bonds in anticipation
of which the notes are issued and additionally secured by a lien upon the revenues of the system
on a parity with the bonds in anticipation of which such notes are issued. In no event shall the
amount of outstanding bonds anticipation notes exceed the principal amount of the bonds to be
issued by the Authority. The notes shall mature not later than two (2) years from their date of
issuance and may be extended or renewed for not more than two (2) additional periods of two (2)
years each by resolution of the Board and the issuance of renewal or extension notes.
(b) Notes shall be sold at public or private sale for not less than ninety-seven percent
(97%) of the par value thereof and accrued interest as the Board may direct. Notes may be sold
in one (1) or more series, may bear such date or dates, may bear interest at such rate or rates
(which may vary from time to time), may be payable at such time or times, may be in such
denomination or denominations, may be in such form, either coupon or registered, may be
payable at such place or places, may be executed in such manner, may be payable in such
medium of payment, may be subject to such terms of redemption, without a premium or, for
notes sold for not less than the par value thereof and accrued interest, without or with a premium,
all as may be provided by resolution of the Board.
(c) Notes shall be executed in the name of the Authority by the proper officials
authorized to execute the same, together with the seal of the Authority attached thereto.
(d) The proceeds arising from the sale of such notes shall be disbursed as provided by the
resolution authorizing the issuance of the notes. The term “bond anticipation notes” includes
interim certificates or other temporary obligations which may be issued by the Authority to the
purchaser of such notes upon the terms and conditions herein provided. When the bonds shall be
issued and sold a sufficient amount of the proceeds of the bonds shall be applied to the payment
of the notes at their maturity or upon their earlier redemption as directed by the Board by
resolution.
(e) The Authority herein granted to issue “bond anticipation notes” also includes the
issuance of “grant anticipation notes,” to be secured by the grant in anticipation of which such
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notes are issued, with all provisions of this section being applicable to such grant anticipation
notes.
SECTION 8. Bonds of the Authority.
(a) The Authority shall have the power to issue bonds from time to time to finance the
construction, purchase, acquisition, extension, improvements and equipping of one (1) or more
systems. All bonds issued shall be payable solely out of the revenues and receipts derived from
the system for which such bonds are issued or as may be designated in the proceedings under
which such bonds are issued or as may be designated in the proceedings under which the bonds
shall be authorized to be issued. Such bonds may be issued in one (1) or more series, may be
executed and delivered at any time and from time to time, may be in such form and
denomination and of such terms and maturities, may be subject to redemption prior to maturity
either with or without premium, may be in fully registered form, may bear such conversion
privileges and be payable in such installments and at such time or times not exceeding forty (40)
years from the date thereof, may be payable at such place or places whether within or without the
State of Tennessee, may bear interest at such rate or rates payable at such time or times and at
such place or places and evidenced in such manner, and may contain such provisions not
inconsistent herewith, all as shall be provided in the proceedings whereunder the bonds shall be
authorized to be issued.
(b) Bonds may be sold at public or private sale for such price and in such manner and
from time to time as may be determined by the Board of Directors to be most advantageous, and
the Authority may pay any and all expenses, premiums, and commissions which its Board of
Directors may deem necessary or advantageous in connection with the issuance thereof.
(c) All bonds and the interest applicable thereto are hereby made and shall be construed
to be negotiable instruments.
(d) Interim certificates or notes or other temporary obligations pending the issuance of
revenue bonds shall be payable out of proceeds of bonds or other funds of the Authority
available for such purpose.
(e) Proceeds of bonds may be used for the purpose of constructing, acquiring,
reconstructing, improving, equipping, furnishing, bettering, or extending a system, including the
payment of interest on the bonds during construction of any project for which bonds are issued
and for two (2) years after the estimated date of completion, the payment of engineering, fiscal,
architectural, bond insurance, and legal expenses incurred in connection therewith and the
issuance of bonds, and the establishment of a reasonable reserve fund for the payment of
principal of, and interest on, such bonds if a deficiency occurs in the revenues and receipts
available for such payment.
SECTION 9. Refunding bonds of the Authority.
(a) Any bonds at any time outstanding may at any time and from time to time be funded
by the issuance of refunding bonds in such amount as the Board may deem necessary, but not
exceeding the sum of the following:
(1) The principal amount of the bonds being refinanced;
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(2) Applicable redemption premiums thereon;
(3) Unpaid interest on such bonds to the date of delivery or exchange of the
refunding bonds;
(4) If the proceeds from the sale of the refunding bonds are to be deposited in
trust as hereinafter provided, interest to accrue on such obligations from the date of
delivery to the first or any subsequent available redemption date or dates elected, in its
discretion, by the Board, or to the date or dates of maturity, whichever shall be
determined by the Board to be the most advantageous or necessary to the Authority;
(5) A reasonable reserve for the payment of principal of, and interest on, such
bonds and/or a renewal and replacement reserve;
(6) If the project to be constructed from the proceeds of the obligations being
refinanced has not been completed, an amount sufficient to meet the interest charges on
the refunding bonds during the construction of such project and for two (2) years after the
estimated date of completion (but only to the extent that interest charges have not been
capitalized from the proceeds of the obligations being refinanced); and
(7) Expenses, premiums, and commissions of the Authority, including bond

discount deemed by the Board to be necessary for the issuance of the refunding bonds. A
determination by the Board that any refinancing is advantageous or necessary to the
Authority or that any of the amounts provided in the preceding sentence shall be included
in such refinancing, or that any of the obligations to be refinanced shall be called for
redemption on the first or any subsequent available redemption date or permitted to
remain outstanding until their respective dates of maturity, shall be conclusive.
(b) Any such refunding may be effective may be effected whether the bonds to be
refunded shall have then matured or shall thereafter mature, either by the exchange of the
refunding bonds for the bonds to be refunded thereby with the consent of the holders of the
bonds so to be refunded, or by sale of the refunding bonds and the application of the proceeds
thereof to the payment of the bonds refunded thereby, and regardless of whether or not the bonds
to be refunded were issued in connection with the same projects or separate projects, and
regardless of whether or not the bonds proposed to be refunded shall be payable on the same date
or different dates or shall be due serially or otherwise.
(c) At the time of delivery of the refunding bonds, if the bonds to be refunded will not be
retired or a valid and timely notice of redemption of the outstanding bonds is not given in
accordance with the resolution, indenture or other instrument governing the redemption of the
outstanding bonds, then, prior to the issuance of the refunding bonds, the Board shall cause to be
given adequate notice of its intention to issue the refunding bonds. The notice shall be given
either by mail to the owners of all the outstanding bonds to be refunded at their addresses shown
on the bond registration records for the outstanding bonds, or given by publication, or by such
other means which may be deemed sufficient pursuant to the laws of this State. The notice shall
set forth the estimated date of delivery of the bonds, refunding bonds and identify the bonds, or
the individual maturities thereof, proposed to be refunded; provided, that if portions of individual
maturities are proposed to be refunded the notice shall identify the maturities subject to partial
refunding and the aggregate principal amount to be refunded within each maturity. If the
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issuance of the refunding bonds does not occur as provided in the notice, the governing body
shall cause notice thereof to be given as provided above. Except as otherwise set forth in this
section, the notice required pursuant to this section shall be given whether or not any of the
bonds to be refunded are to be called for redemption.
(d) If any of the obligations to be refunded are to be called for redemption, notice of
redemption shall be given in a manner required by the proceedings authorizing such outstanding
obligations.
(e) The principal proceeds from the sale of any refunding bonds shall be applied only as
follows: either,
(1) To the immediate payment and retirement of the bonds being refunded; or
(2) To the extent not required for immediate payment of the bonds being
refunded, such proceeds shall be deposited in trust to provide for the payment and
retirement of the bonds being refunded and to pay any expenses incurred in connection
with such refunding, but provision may be made for the pledging and disposition of any
surplus, including, without limitation, provisions for the pledging of any such surplus to
the payment of the principal of, premium, if any, and interest or any issue or series of
refunding bonds. Money in any such trust fund may be invested in the discretion of the
Board.
(f) Nothing herein shall be construed as a limitation on the duration of any deposit trust
for the retirement of obligations being refunded, but which shall not have matured and which
shall not be presently redeemable or, if presently redeemable, shall not have been called for
redemption.
SECTION 10. Security for payment of bonds and notes.
(a) The principal of, premium, if any, and interest on any bonds, refunding bonds and
notes may be secured by a pledge of revenues and receipts of a system. The proceedings under
which the bonds, refunding bonds or notes are authorized to be issued may contain any
agreements, provisions and covenants respecting the maintenance of such system or other
facilities covered thereby, the fixing and collection of rents, fees or payments with respect to any
system or portions thereof covered by such proceedings, the creation and maintenance of special
funds from such revenues and from the proceeds of such bonds, refunding bonds and notes and
the rights and remedies available in the event of default, all as the Board shall deem advisable
and not in conflict with the provisions of this act. To the extent provided in the proceedings
authorizing any bonds, refunding bonds or notes, each pledge and agreement made for the
benefit of security of any of the bonds, refunding bonds or notes shall continue in effect until the
principal of, and interest on, the bonds, refunding bonds or notes for the benefit of which the
same were made shall have been fully paid or adequate provision for the payment thereof shall
have been made by the Authority. In the event of a default in such payment or in any
agreements of the Authority made as part of the proceedings under which the bonds, refunding
bonds or notes were issued, such payment or agreement may be enforced by suit, mandamus, or
the appointment of a receiver in equity, or the proceedings under which the bonds, refunding
bonds or notes are issued.
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(b) The Board may designate the appropriate officials to execute all documents necessary
to guarantee or in any other manner to secure the payment of the bonds or notes of the Authority;
provided, however, the approval of the governing body of the county or district to such
guarantee or security shall have been obtained before the execution of such documents.
Provided, further, prior to any meeting where such authorization will be considered by the
governing body of the county or district, the governing body shall cause reasonable public notice
to be published describing the matter to be considered and containing an estimate of the dollar
amount of any contingent liability by the county or district of such authorization is given.
(c) Bonds, notes or refunding bonds may constitute a joint obligation of the Authority
and the county or district. Any such bond, note or refunding bond upon which the county is
jointly obligated with the Authority may be secured by the full faith and credit and unlimited ad
valorem taxing power of the county. Bond, notes or refunding bonds issued as a joint obligation
of the Authority and the county shall be issued in the form and manner of Tennessee Code
Annotated, Title 9, Chapter 21, Parts 1, 2, and 9, where applicable, and in the event of a conflict
between this act and Tennessee Code Annotated, Title 9, Chapter 21, Parts 1, 2, and 9, then the
provisions of Tennessee Annotated, Title 9, Chapter 21, Parts 1, 2, and 9 shall prevail. Notes
issued as a joint obligation of the Authority and the county shall be issued in the form and
manner of Tennessee Code Annotated, Title 9, Chapter 21, Parts 1, 4, and 5, where applicable
and in the event of a conflict between this act and the provisions of Tennessee Code Annotated,
Title 9, Chapter 21, Parts 1, 4 and 5, then the Tennessee Code Annotated provisions shall
prevail.
(d) Any bond, note or refunding bond issued under this act may be secured by a mortgage
or deed of trust covering any or all parts of the property, real or personal, of the Authority. Any
pledge, or lien, on revenues, fees, rents, tolls or other charges received or receivable by any local
government to secure the payment of any bonds, notes or refunding bonds issued pursuant to the
act and the interest thereon, shall be valid and binding from the time that the pledge or lien is
created and granted and shall inure to the benefit of the holder or holders of any such bonds,
notes or refunding bonds until payment in full of the principal and premium and interest thereon.
Neither the resolution nor any other instrument granting, creating or giving notice of the pledge
or lien, or other such security interest, need be filed or recorded to preserve or protect the
validity or priority of such pledge or lien.
SECTION 11. Exemption from taxation and State regulation.
(a) In accordance with the provisions of general law, the Authority, its properties at any
time owned by it and the income and revenues therefrom shall be exempt from State, county and
municipal taxation. To the extent authorized by a municipality, a county or the general law,
bonds, notes and refunding bonds issued by the Authority and the income therefrom shall be
exempt from all State, county, and municipal taxation, except inheritance, transfer and estate
taxes, or except as otherwise provided by state law. For purposes of Tennessee Code Annotated,
Title 48, Chapter 2, and any amendments thereto or substitution therefor, bonds issued by the
Authority shall be deemed to be securities issued by a public instrumentality or a political
subdivision of the State.
(b) Neither the Tennessee Regulatory Authority nor any other Board or commission of
like character hereafter created shall have jurisdiction over the Authority in the management and
control of a system, including the regulation of its rates, fees, tolls, or charges, except to the
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extent provided by this act; provided, however, the Authority is subject to regulation by the
Department of health and the Department of Environment and Conservation as a public water
supply and public sewerage system.
SECTION 12. Liability and indebtedness of political subdivisions.
(a) Neither the county, the districts, the State, nor any municipality other than the
Authority shall, except as may otherwise be authorized by the Board of Directors of the
Authority and the governing body of the particular governmental entity, in any event be liable
for the payment of the principal of, premium, if any, or interest on any bonds, notes or refunding
bonds of the Authority or for the performance of any pledge, obligation, or agreement of any
kind whatsoever which may be undertaken by the Authority, and none of the bonds, notes or
refunding bonds of the Authority or any of its agreements or obligations shall be construed to
constitute an indebtedness of the State, or any municipality within the meaning of any
constitutional or statutory provision whatsoever.
(b) Bonds, notes or refunding bonds of the Authority shall not constitute a debt or a
pledge of the faith and credit of the State or any municipality, except as may otherwise be
authorized by the governing body of the county, district or municipality, and the holders or
owners of such bonds shall have no right to have taxes levied by any municipality, the State or
any other taxing authority within the State for the payment of principal of, premium, if any, and
interest on such bonds, but shall be payable solely from revenues and monies pledged for their
payment.
(c) Except as may otherwise be authorized by the governing body of the county or
district(s) as specified hereinabove, all such bonds shall contain on the face thereof a statement
to the effect that the bonds, refunding bonds or notes are not a debt of the State or any
municipality or any other taxing authority within the State, but are payable solely from revenues
and monies pledged to the payment thereof.
SECTION 13. Disposition of Funds.
No part of the net earnings of the Authority remaining after payment of its expenses shall
inure to the benefit of any persons except that, at such times as no bonds, note or refunding
bonds of the Authority are outstanding and unpaid and adequate provision has been made for the
full payment of all liabilities, obligations and contracts of the Authority, and the Authority shall
have, by operation of law, been terminated, any assets of the Authority, to the extent not
necessarily for such purposes, shall be paid to the county, to the districts, and to any other
municipality represented on the Board, in equal proportions. To the extent allowed by this act,
nothing herein contained shall prevent the Board from transferring its properties in accordance
with the terms of any contract, agreement, or covenant entered into or undertaken by the
Authority.
SECTION 14. Budget; annual audits; contracting procedures; personnel procedures.
(a) The Board shall annually establish and adopt a budget for the Authority.
(b) The Board shall cause to be prepared each fiscal year an annual audit of the books
and records of the Authority. The audits shall comply with generally accepted governmental
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auditing standards as established by the Comptroller of the Treasury, Department of Audit,
pursuant to Tennessee Code Annotated, Section 4-3-304. A copy of such annual audit shall be
filed with the office of the County Executive of Giles County, and with the governing bodies of
the districts.
The Board shall establish employment procedures, compensation levels and benefits for
the employees of the Authority.
SECTION 15. Powers of the districts.
(a) The districts may take all actions hereunder by resolution of its governing body. The
districts shall have all powers necessary in order to further the purposes of this act, including
without limitation, the power to sell, lease, dedicate, donate, or otherwise convey to the
Authority any of its interests in any existing water and wastewater system, franchises, assets,
liabilities, or other related property, whether real or personal, or mixed, tangible or intangible,
and whether or not subject to mortgages, liens, charges, or other encumbrances, or grant
easements, licenses, or other rights or privileges therein to the Authority and to contract with the
Authority.
(b) The districts may enter into agreements with the Authority for the orderly transfer of
all or any part of its system and to enter into agreement for the Authority to assume, to pay or to
refund bonds, refunding bonds and notes issued by the districts or loan agreements entered into
by the districts to acquire, construct or equip all or any part of a system.
(c) The districts are authorized to advance, donate or lend money to the Authority and to
provide that funds available to it for a system shall be paid to the Authority.
(d) A utility district shall have the same right to enter into any agreement with the
Authority that the Board deems necessary to carry out the purposes of this act, as the utility
district has to enter into similar agreements with water and wastewater treatment authorities as
provided by Tennessee Code Annotated, Title 68, Chapter 221, Part 6, and as provided by the
Utility District Law, Tennessee Code Annotated, Title 7, Chapter 82.
SECTION 16. Powers of the County.
(a) The county may take all actions hereunder by resolution of its governing body. The
county shall have all powers necessary to further the purposes of this act, including, without
limitation, the power to sell, lease, dedicate, donate, or otherwise convey to the Authority any of
its interests in any existing water and wastewater system, franchises, assets, liabilities, or other
related property, whether real or personal, or mixed, tangible or intangible, and whether or not
subject to mortgages, liens, charges, or other encumbrances or grant easements, licenses or other
rights or privileges therein to the Authority and to contract with the Authority.
(b) The county, through its governing body is authorized to issue joint obligations with
the Authority and to pledge its full faith and credit and unlimited taxing power to such bonds,
notes or refunding bonds and to guarantee the bonds, notes or refunding bonds as set forth in
Section 10.
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(c) The county may enter into agreements with the Authority for the orderly transfer of
all or any part of its system and to enter into agreements with the Authority for the Authority to
assume, to pay or to refund bonds, refunding bonds and notes issued by the county or loan
agreements entered into by the county to acquire, construct or equip all or any part of a system.
(d) The county may advance, donate or lend money to the Authority and to provide that
funds available to it for a system shall be paid to the Authority.
(e) The county has the power to enter into any other agreement with the Authority that
the Board deems necessary to carry out the provisions of this act.
SECTION 17. Powers not restricted.
Neither this act nor anything herein contained shall be construed as a restriction or a
limitation upon any powers which a county, city or utility district might otherwise have under
any laws of this State, but shall be construed as cumulative of, and supplemental to, any such
powers. Nothing herein shall be construed to deprive the State of Tennessee and its
governmental subdivisions of their respective police powers, or to impair any power of any
official or agency of said State and its governmental subdivisions which may be otherwise
provided by law.
SECTION 18. Agreements with the Authority.
The Authority is hereby authorized, whenever the same shall be found desirable by its
Board, to enter into contracts, agreements or other arrangements with any municipality regarding
a system, any facility, or any service of the Authority. Any such contract or agreement may
extend for any period not exceeding forty (40) years from the date thereof.
Upon execution of such agreement, the governing body of each municipality shall
appoint one (1) person to serve as an additional Director on the Board of Directors of the
Authority, pursuant to the terms set forth in Section 3 of this act.
Any utility district seeking to enter into such agreement with the Authority shall have the
same rights and liabilities as it would otherwise have in entering into a similar agreement with a
water and wastewater treatment authority as provided by Tennessee Code Annotated, Title 68,
Chapter 221, Part 6, and as provided by the Utility District Law, Tennessee Code Annotated,
Title 7, Chapter 82.
Nothing in this act shall be construed to apply to nor affect the City of Pulaski, or any
other incorporated city or town, unless and until appropriate action is taken by the legislative
body of such incorporated city or town, including making necessary revisions to its charter as
required by law.
SECTION 19. Liberal construction.
This act is remedial in nature and shall be liberally construed to effect its purpose of
providing for a systematic and efficient means of distributing and encouraging the best
utilization and conservation of water resources and wastewater service and the powers herein
granted may be exercised without regard to requirements, restrictions or procedural provisions
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contained in any other law or charter except as herein expressly provided. Provided, that nothing
in this act shall be deemed to supersede any general law. Provided further, however, that the
continued operation of any utility district entering into an agreement with the Authority,
including the districts, as provided in Section 18 of this act, shall be in compliance with the
Utility District Law, Tennessee Code Annotated, Title 7, Chapter 82.
SECTION 20. Severability.
If any provision of this act or the application thereof to any person or circumstance is
held to be invalid, such invalidity shall not affect any other provision or application of the act
which can be given effect without the invalid provision or application, and to that end the
provisions of this act are declared to be severable.
SECTION 21. This act shall have no effect unless it is approved by a two-thirds (2/3)
vote of the legislative body of Giles County. Its approval or nonapproval shall be proclaimed by
the presiding officer of the legislative body and certified to the Secretary of State.
SECTION 22. 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 21.
Passed: June 14, 2001.
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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 Tennessee County
Government Handbook, a CTAS publication.
The following private or local acts constitute part of the administrative and political
history of Giles 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. Private Acts of 1811, Chapter 44, authorized Maury and Giles County to appoint
surveyors for the county who would first give bond and then begin plotting all the land in
each county. The Quarterly County Court would appoint.
2. Private Acts of 1815, Chapter 26, permitted anyone to build a warehouse on Richland
Creek when goods could be stored until inspected either at Pulaski or Elkton. The
initiating procedure was a petition to the County Court for that purpose.
3. Private Acts of 1815, Chapter 44, authorized a warehouse for several locations where
tobacco, hemp, flour, lard, butter, and other articles would be stored for inspection
purposes. The one for Giles County would be located on the Elk River at Elkton.
4. Private Acts of 1815, Chapter 173, appointed Tyre Rodes, Gabriel Bumpass, Nathaniel
Moody, Samuel Jones, and Maximillian H. Buchanan as Commissioners to let contracts
to build offices for the use of the Circuit Court Clerk and the County Court Clerk which
would be located on the public square at Pulaski as they considered best.
5. Private Acts of 1815, Chapter 193, appointed Tyre Rodes, Ralph Graves, and John Hicks,
Commissioners, to select a site and let a contract to build a bridge over the shoals of
Richland Creek in Pulaski, to improve the navigation of it all the way to the Elk River
and to ask for money from the fund derived from the sale of lots in Pulaski by the
Commissioners laying out the city.
6. Private Acts of 1817, Chapter 18, added Hardy Hightower to the Commission in Pulaski,
who were to finish the court house, beautify it, and the public square, with trees and other
decorations by contract with other but all to be under the supervision of the Commission.
7. Private Acts of 1819, Chapter 70, authorized the County Court of Giles County to
appoint a Commission of two fit and suitable people to settle accounts with the
Commission formerly organized to lay out the town of Pulaski. In the event the old
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Commission refused to settle accounts, they would be subject to a fine of $4,000
recoverable by petition filed for that purpose.
8. Private Acts of 1820 (Ex. Sess.), Chapter 63, directed the Sheriff to hold an election in
Pulaski to choose seven aldermen and, further, repealed the act which ordered the surplus
money from laying out the town to be paid to the County Trustee, and instead made the
same payable to the Mayor and Aldermen of that city.
9. Private Acts of 1824 (Ex. Sess.), Chapter 80, was intended to correct an error in the
issuance of a certificate of Notary Public to William Woods when it should have been
issued to William W. Woods, and to ratify and confirm all acts performed by the said
William Woods while the error was in effect.
10. Private Acts of 1831, Chapter 129, authorized the Giles County Court to appoint three
discreet and impartial commissioners to examine that part of Richland Creek on which
Elijah Anthony proposed to build a mill and, if they should report that the mill can be
built without interfering with the navigation of the stream, to issue him a permit to
proceed with the construction of it.
11. Private Acts of 1837-38, Chapter 294, permitted any person to build a grist mill in Giles
County provided they posted a ten day notice of their intention to build at the courthouse
so the court could appoint a Committee to view the site. If the location and construction
did not hinder the flow of navigation on the stream, the mill could be built with the courts
approval.
12. Private Acts of 1837-38, Chapter 157, assigned Giles and Lincoln Counties to the 10th
Brigade of the state militia and set their annual drills on the second Friday and Saturday
in September.
13. Private Acts of 1837-38, Chapter 263, authorized the Quarterly County Court of Giles
County to appoint an Entry Taker who may reside, if need be, in a place other than the
county seat and the Court was likewise given the power and authority to pay for a general
plan for the county.
14. Private Acts of 1843-44, Chapter 194, authorized the officers of the several regiments of
the State Militia in Giles County to reorganize the same into 4 Regiments, the fourth one
to be called the 162nd Regiment of the Tennessee State Militia. The sheriff was directed
to give public notice of the time and place when the popular election of officers for those
regiments would take place.
15. Private Acts of 1843-44, Chapter 89, amended Public Acts of 1842, Chapter 34, which
was a public law seeking to perfect title to certain roads in Tennessee for the state which
involved action by the Entry-Taker so that it became the duty of the Circuit Court Clerks
of Lawrence, Hickman, Wayne, Giles, and Maury counties to examine the books of their
respective Entry-Takers on the first Monday in September, each year, to report to the
State Comptroller on or before the 15th of the month and the Entry-Takers must account
to the Comptroller for their funds by the 20th of September.
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16. Private Acts of 1853-54, Chapter 317, permitted the President and Directors of the Bank
of Tennessee to appoint an additional director of the Bank's branch at Columbia,
Tennessee, who would be a citizen and resident of Giles County.
17. Private Acts of 1868-69, Chapter 42, incorporated George T. Allman, Solon E. Rose,
Elihu Edmondson, Joseph B. Story, George W. Gordon, A. J. McKinnon, William G.
Lewis, and John C. Brown, as the Giles County Blood Horse Association for the
development and improvement of blooded horse stock with authority to build and operate
tracks and to conduct speed and other tests.
18. Private Acts of 1868-69, Chapter 25, established a Board of County Commissioners for
Hickman and Van Buren counties but its provisions were expressly extended to Giles
County in Sections 16 and 17 in the same manner as the act was written for Van Buren
county. In Giles, the commission was composed of the County Executive and two
associate commissioners who would hold the Quarterly County Court and perform all of
its functions; associates would be elected every two years as all Justices were relieved
from the duty of holding Quarterly Courts and all those powers were vested in this Board.
The commissioners must give bond of $500 and would be paid a salary of $100 monthly
in Giles County. This Act was repealed by the act below.
19. Private Acts of 1869-70, Chapter 6, abolished the Board of County Commissioners as it
was so constituted in Giles County and Private Acts of 1869-70, Chapter 49, repealed all
those Acts which had been repealed or superseded by them, thus again placing the former
Acts in full force.
20. Private Acts of 1875, Chapter 48, empowered the County Court of Giles County at its
meeting in April, of 1875, or any term thereafter, to elect a Notary Public for the 15th
Civil District of the county with an office to be opened and kept in Lynnville.
21. Private Acts of 1917, Chapter 56, made women who were over 21 years of age eligible to
hold the office of Deputy Clerk and Master of the Chancery Court with all the duties and
responsibilities now conferred by law upon said office.
22. Private Acts of 1919, Chapter 274, permitted women, 21 years old or more, married or
single, and residents of the county in which they serve, to be Deputy to the Clerk and
Master, the Circuit Court Clerk, the County Court Clerk, the Register, and the Trustee,
with all rights, powers, duties and obligations as others similarly situated. Acceptance of
the job is a waiver of all defenses and disabilities pleadable by virtue of coverture and she
is estopped to deny any job related legal liability.
23. Private Acts of 1921, Chapter 587, abolished the position of Poor House Commissioner
with a general repealer. Private Acts of 1921, Chapter 601, Page 1844, is identical with
this act and the reason for the duplication of the statute is unknown.
24. Private Acts of 1921, Chapter 610, authorized the Quarterly County Court to elect a
Superintendent of the County Poor House and Farm for a period of two years and to set
his salary therefor. The appointee must make a bond of $300 and pay over to and
account to the Trustee for all the funds coming into his hands.
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25. Private Acts of 1927, Chapter 22, amended the constitution and By-Laws of the Farmer's
Mutual Insurance Company of Giles County in three areas but primarily in the manner of
setting the salaries of the company's directors at the annual meeting of the stockholder.
26. Private Acts of 1929, Chapter 919, again amends the Constitution and By-Laws of the
Farmer's Mutual Insurance Company in that each member will have one vote, (2)
regulates the placing of stove pipes in walls and (3) dwellings cannot be vacant over ten
days and not over thirty with a certificate from the Director. Hail and windstorm
provisions would not apply to old roofs.
27. Private Acts of 1933, Chapter 264, removed the disabilities of infancy from Allen
Aymett, Jr. who was about to begin his 21st year and is a graduate of Lebanon Law
School.
28. Private Acts of 1933, Chapter 350, removed the minority of Jesse Bryant Pigg of Giles
County who could henceforth act as an adult in all respects.
29. Private Acts of 1935, Chapter 342, and Private Acts of 1935, Chapter 341, removed the
disabilities of infancy from Gilmer Townsend and Thomas McCown, respectively, both
of Giles County. Private Acts of 1935, Chapter 638, Page 1721, also removed the
minority of one Oliver R. Powell, of Giles County.
AUDITOR
1. Private Acts of 1917, Chapter 807, Page 2521, gave the County Court the authority to
make appropriations out of the general funds of the county to pay for any auditing
services rendered to the county.
2. Private Acts of 1951, Chapter 128, Page 308, creates the position of County Auditor and
appoints Thomas B. Carter to the post until the next general election when his successor
would be elected for a four year term at a $300 annual salary. The Act fixes the
qualifications of the job, names some of the offices which would be audited and who
would see that the balances reported by the County Executive and County Superintendent
of Schools was correct and, as reported by them, according to the Trustee's books.
3. Private Acts of 1953, Chapter 124, Page 454, amends Acts of 1951, Chapter 128, Section
3, requiring the County Auditor and assistants to keep books and accounts of the
Highway Commissioners, said books to be kept at the Auditor's office in the courthouse
in Pulaski. He shall be furnished with a special assistant to be named and employed by
the Auditor at a salary not to exceed $150 monthly from the highway funds to assist him,
or by Section 5, to appoint a regular assistant in his office to the post at the same salary
and with the same duties mentioned.
4. Private Acts of 1953, Chapter 125, Page 456, amends Private Acts of 1937, Chapter 90,
Section 4, which is the Road Law for Giles County by providing that the books of the
County Highway Department shall be kept by the County Auditor, and the Highway
Department shall provide a special assistant to do so whose salary shall not exceed $150
monthly payable from highway funds. The books also would be housed in the office of
the County Auditor at courthouse in Pulaski.
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5. Private Acts of 1957, Chapter 87, Page 280, amends Acts of 1953, Chapter 125, Section
1, above, by repealing it and amends Section 2, same Act, by increasing the maximum
salary of the Assistant Auditor from $150 to $175 monthly.
6. Private Acts of 1963, Chapter 71, Page 251, repeals entirely and specifically Private Acts
of 1951, Chapter 128, which created the position of County Auditor for Giles County,
and the amendments would also be carried along with it.
INTERNAL IMPROVEMENT BOARD

1. Private Acts of 1831, Chapter 45, Page 67, appointed Alexander Black, Thomas Martin,
Lewis G. Upshaw, Gillion Harwell, Spencer Clark, James Patterson, Robert McLaurine,
Earley Benson, Pinckney Wilson, Joab Campbell, and Ralph Graves, Jr., as a Board of
Internal Improvement for Giles County. They would elect a President, a Secretary, and a
Vice-President from among their number and were authorized to receive subscription for
clearing Richland Creek of obstructions to navigation below Pulaski and to clear Elk
River also as it flows through the county. As a Board, they can apply for and get Giles
County's pro rata share of the funds allotted to Middle Tennessee Counties for internal
improvement projects.
2. Private Acts of 1832 (Ex. Sess.), Chapter 10, Page 6, made it possible for all persons who
wanted to build mills on Richland creek to do so provided the work did not interfere with
navigation on the stream and provided also, a permit was obtained from the Internal
Improvement Board.
3. Private Acts of 1835-36, Chapter 136, Page 264, actually amended the Giles County
Internal Improvement Board Act but applied the changes only to Lincoln County.
4. Private Acts of 1845-46, Chapter 150, Section 18, Page 230, empowered the Giles
County Internal Improvement Board, two-thirds of the members concurring to invest the
improvement fund in a bridge company which was building a bridge across the Elk River
at that time.
5. Private Acts of 1847-48, Chapter 213, Section 8, Page 369, authorized the Board to
invest the internal improvement fund in the Elkton Bridge Company which was engaged
in building a bridge across the Elk River where the Columbia, Pulaski, Elkton, and
Alabama Turnpike crossed.
6. Private Acts of 1859-60, Chapter 145, Section 2, Page 454, cited the fact that the Internal
Improvement Board had power to fill vacancies on the Board but had failed to do so.
While the remaining members do not constitute a majority, the power to fill vacancies is
conferred upon them regardless.
LIVESTOCK INSPECTOR
1. Private Acts of 1921, Chapter 76, Page 196, repeals the law creating the position of
livestock inspector in Giles County as the same was applied to it. This was evidently a
public law concerning several counties and not just Giles County alone.
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ZONING
1. Private Acts of 1992, Chapter 195, direct that all changes to county zoning and
regulations must be put to referendum before any changes to zoning would become
operative. This act, however, was not approved by local government as confirmed by the
Secretary of State and the County Clerk of Giles County.
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CHAPTER II - ANIMALS AND FISH
46
ANIMALS - FISH
CHAPTER 477
SECTION 1. That this Act shall be known and may be cited as an Act to promote and
protect live stock industries in counties having a population of not less than 30,490 nor more
than 30,950, according to the Federal Census of 1920, or any subsequent Federal Census.
SECTION 2. That for the purpose of this Act the following terms shall have the
following meanings, respectively designated by each:
The term "livestock" shall include horses, stallions, colts, geldings, mares, sheep, rams,
lambs, bulls, bullocks, jennets, burros, goats, kids and swine and any and all other live stock.
The term "poultry" shall include all domestic fowl.
The word "person" shall include State and local officers or employees, individuals,
corporations, co-partnerships and associations. Singular words shall include the plural.
Masculine words shall include the feminine and neuter.
The word "owner" when applied to the proprietorship of a dog, shall include every person
having a right of property in such dog, and every person who keeps or harbors such dogs or has
it in his care, and every person who permits such dog to remain on or about any premises
occupied by him.
SECTION 3. The term "kennel" shall mean any establishment wherein or whereon dogs
are kept for the purpose of breeding, sale or sporting purposes.
The term "officer" shall mean any Sheriff, or his Deputies, or Constables, or anyone
appointed by the Sheriff in counties having a population of not less than 30,940 nor more than
30,950, according to the Federal Census of 1920, or any subsequent Federal Census, whose duty
it is to enforce this law.
SECTION 4. That on or before the first day of June, One Thousand Nine Hundred and
Twenty-seven, and on or before the first day of January of each year thereafter, the owner of any
dog shall apply to the county court clerk, or deputy county court clerk of the county in which
said owner resides, either orally or in writing, for a license for each such dog owned or kept by
him. Such application shall state the breed, sex, age, color and marking on such dog, and the
name and address of the last previous owner; and shall be accompanied by a fee of $1.00 for
each male dog for which license is applied by the owner, and by a fee of $2.00 for each female
dog for which license if applied by the owner. And it shall be the duty of every person owning,
keeping or harboring on the premises where he resides any dog over four months of age to pay
on or before the first day of June. One Thousand Nine Hundred and Twenty-seven, and on or
before the first day of January of each year thereafter, said fees as hereinabove provided, and in
any case where such dog or dogs shall become four months old between June 1, 1927, and
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January 1, 1928, the license fee shall forthwith become due and payable and hereafter every year
following January 1st.
SECTION 5. Such license shall be issued on a form prepared and supplied by the County
Court of the county, to said County Clerk of said county. Such license shall be dated and
numbered, and a description of the dog licensed, and all licenses shall be void on the first day of
January of the following year. The County Court of said counties shall furnish the County Court
Clerk with each license, a metal tag. Such tag shall be affixed to a substantial collar. The collar
shall be furnished by the owner, and the tag attached shall at all times be kept on the dog for
which the license is issued.
SECTION 6. That the County Court of said counties shall prepare and furnish to the
County Court Clerk annually metal tags to be given by the County Court Clerk to the owners of
dogs when such owners shall pay the license fee for such dogs. Such tags shall be of metal, and
shall bear the name of the county issuing it, and a serial number corresponding with the number
of the license issued to said owner, as provided in the preceding section of this Act. Such tags
shall also have impressed thereon the calendar year for which such tag is issued, and shall be
equipped with a substantial metal fastening device. The general shape of such tag may be
changed from year to year. Said blank license and said metal tags shall be paid for by the county
for which the license and tags are issued. In case of loss of such tag or license the County Court
Clerk shall issue a duplicate tag or license. The duplicate tag shall be forthwith attached to the
dog collar, and shall at all times be worn thereon, as herein provided.
SECTION 7. That it shall be the duty of the County Court Clerk to collect the license fee
under this Act. In a well bound book to be furnished him by the county he shall keep the name
of each person paying a license fee on any dog or dogs, the date and amount of such payment,
and whether the same is a kennel license fee or a dog license fee; a description and sex of each
dog on which said license fee is paid, and license tag number issued him for said dog. Any
deputy County Court Clerk within the county applying to the County Court Clerk, and having
received and receipted for necessary blanks and tags, may issue such dog license and tags in like
manner as prescribed for the issuance of licenses by the County Court Clerk, and for so doing
shall receive the same fee in the same manner as is provided for the County Court Clerk in
Section 14 hereof.
SECTION 8. That any person becoming the owner after the first day of January in any
year, of any dog which has not already been licensed, shall forthwith apply for and secure a
license for such dog in the same manner as the annual license is obtained under the provision of
this Act.
SECTION 9. That no license or license tag issued for one dog shall be transferable to
another dog, except as provided in Section 11 of this Act. Whenever the ownership or
possession of any dog is permanently transferred, upon notice given to the County Court Clerk.
This Act does not require the procurement of a new license, or the transfer of a license already
secured, when the possession of a dog is temporarily transferred for the purpose of hunting
game, or for breeding, trial or show.
SECTION 10. That any person who keeps or operates a kennel may, in lieu of the
license for each dog required by this Act, apply to the County Court Clerk for a kennel license,
entitling him to keep or operate such kennel. Such license shall be issued by the County Court
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Clerk on a form prepared and supplied by the County Court to the County Court Clerk, and shall
entitle the license to keep any number of dogs not at any time exceeding a certain number to be
specified in the license. The fee to be paid for each kennel license shall be $5.00 for five dogs or
less, and $10.00 for more than five dogs permitted to be kept under the kennel license. With
each kennel license the County Court Clerk shall issue a number of metal tags equal to the
number of dogs authorized to be kept in the kennel. All such tags shall bear the name of the
county issuing it, the number of the kennel license, and shall be readily distinguishable from the
individual tags for the same year.
SECTION 11. That the license of a kennel shall at all times keep one of such tags
attached to a collar on each dog kept by him under kennel license. Such tags may be transferred
from one dog to another within the kennel whenever any dog is removed from the kennel. No
dog bearing a kennel tag shall be permitted to stray or be taken anywhere outside of the limits of
the kennel.
This Section does not prohibit the taking of dogs having a kennel license outside of the
limits of the kennel temporarily and in leash, nor does it prohibit the taking of such dogs out of
the kennel temporarily for the purpose of hunting, breeding, trial or show.
SECTION 12. That any person may bring or cause to be brought into the country, for a
period of thirty days, one or more dogs for show, trial, or breeding purposes.
SECTION 13. That the County Court Clerk shall keep a record of all dog licenses, and
all kennel licenses, and all permits issued during the year. Such record shall contain the name
and address of the person to whom such license is issued; it shall also state the breed, sex, age,
color and markings of the dog licensed; and in the case of a kennel license, it shall state the place
where the business is conducted. The record shall be a public record and open to persons
interested during business hours. And in addition thereto it shall be the duty of the county court
clerk to cause to be published, by districts in one of the newspapers published in his county, if
such there be by February 15th, of each year, the owner's name, post office and number of dogs
for which he has obtained a license.
Whenever the ownership or possession of any dog licensed under the provisions of this
Act is transferred from one person to another, except the temporary transfer of dogs for hunting
purposes, or for breeding, trial or show, as provided in Section 11 of this Act, such transfer shall
be noted on the record of the County Court Clerk.
SECTION 14. That an accurate record of all license fees collected by the County Court
Clerk, or paid over to him by any deputy clerk, shall be kept in a book furnished by the county as
aforesaid as a matter of information; and all such funds shall be turned into the county funds for
the payment of live stock or poultry killed or damaged by dogs, which said fund shall be known
as the "dog license fund," derived from the taxation of dogs under the provision of this Act. All
bills incurred under this Act shall be paid out of said fund. The County Court Clerk or deputy
shall receive fifteen (15) cents for each and every license issued by them respectively, to be paid
out of said fund, and shall be retained by the County Court Clerk, or deputy, as his fee for
issuing such license.
SECTION 15. That the Tax Assessors in each county coming within the provisions of
this Act, shall annually, at the time of assessing property as required by law, make diligent
49
inquiry as to the number of dogs owned, harbored or kept by any person and shall list them, and
said assessor shall receive five cents for each dog listed by him, the same to be paid out of said
fund.
The assessor shall annually, on or before the 31st day of December following make a
complete report to the County Court Clerk on a blank form to be furnished by the county, setting
forth the name of every owner of any dog or dogs, whether licensed or unlicensed, the licensed
number of each licensed dog, how many of each sex, licensed or unlicensed, and if a licensed or
unlicensed kennel is maintained by any person such fact shall also be stated. If shall be the duty
of the tax assessor, at the time of taking the list, to notify the owner of such dog or dogs that he
must obtain a license for same as provided for in this Act; but the neglect or failure to so notify
such owner shall not relieve the owner from his duty to obtain such license.
SECTION 16. That on or after the first day of June, One Thousand Nine Hundred and
Twenty-seven, it shall be unlawful for any person to own or keep any dog unless such dog is
licensed by the County Court Clerk or deputy in which the dog is kept; and unless such dog at all
times wears a collar and tag provided for by this Act, except such dogs as are temporarily
brought into the county for breeding, trial or show purposes.
SECTION 17. That it shall be the duty of the Sheriff of the county to seize and impound
any dog or dogs which are found running at large unaccompanied by its owner or keeper, which
does not bear proper license tag. The Sheriff, or deputy, or constable, shall cause any dog
bearing a proper license tag and so seized and impounded, to be properly kept and fed, and shall
cause immediate notice, either personally or by registered mail, to be given to the person from
whom or from whose premise the dog was taken, or in whose name the license was procured, or
his agent, to claim such dog, within ten days. It shall also be the duty of the Sheriff, deputies or
constables of said counties, to go upon the premises of any person for the purpose of ascertaining
if such person is the owner of or harboring any unlicensed dog or dogs, and if such officer finds
any unlicensed dog or dogs, he shall seize and impound each dog or dogs as above provided, and
he shall give notice as above provided.
If after ten days from the giving of such notice such dog has not been claimed, such
officer whose duty it is to enforce this Act shall dispose of such dog by sale or by destruction in
some humane manner. All money received from the sale of such dog, after deducting the
expense of its detention, shall be paid to the County Court Clerk, and by him placed in said "dog
license fund." For fees for his services such officer shall be paid the sum of $2.00 for
impounding and detaining a licensed dog, and the sum of $1.00 for killing of the dog.
All expenses incurred under this Act, and under these sections, and not otherwise
provided for, shall be paid by the county.
SECTION 18. That failure to perform any duty under the provisions of this Act, any
officer shall be liable to a penalty of not less than $10.00 nor more than $25.00 for each offense,
which amount shall be deducted from any amount due such officer from the county at any
settlement between such officer and the governing authorities, or if it appears that nothing be
due, then to be collected as any other find, and as provided by law.
SECTION 19. That any person may kill any dog which he sees in the act of pursuing,
worrying or wounding any live stock or poultry, or attacking human beings, whether or not such
50
dog bears the license tag required by the provisions of the Act. There shall be no liability on
such person in damages or otherwise for such killing.
However, licensed dogs, when accompanied by their owner or handler shall not be
included under the provisions of this section unless caught in the act of worrying, wounding or
killing any live stock on such person in damages or otherwise for such killing.
SECTION 20. That it shall be unlawful for any person, except the owner or authorized
agent, to remove any license tag from a dog collar, or to remove any collar with a license tag
attached thereto from any dog.
It shall be unlawful for any person to harbor or permit to remain about his premises, any
dog not having a license.
SECTION 21. That it is unlawful for the owner or keeper of any female dog to permit
such female dog to go beyond the premises of such owner at any time she is in heat, unless such
female dog is held properly in leash.
SECTION 22. That whenever any person sustains any loss or damage to any live stock or
poultry by dogs, or any livestock of any person is necessarily destroyed because of having been
bitten by a dog, such person, or his agent or attorney, may complain to the County Executive of
the County, or to any of the Justices of the Peace. Such complaint shall be in writing, and shall
be signed by the person making such complaint, and shall state when, where and how much
damage was done, and by whose dog or dogs, if known. Such County Executive or Justice of the
Peace shall appoint two appraisers, whose duty it shall be to investigate and ascertain the amount
of damage sustained. Each appraiser shall be a resident land owner of the county, and not
related to claimant by either blood or marriage. Such appraisers shall examine the place where
the alleged loss or damage was sustained and the live stock or poultry injured or killed, and shall
also examine, under oath or affirmation, any witnesses called before them. But such loss or
damage sustained, or live stock or poultry injured or killed, or the cost, market value or purchase
price of the same, but damages on sheep shall not exceed $10.00 for each common or grade
sheep, or $25.00 each for registered sheep. After making diligent inquiry in relation to such
claim, said appraisers shall determine whether any damage has been sustained, the amount
thereof, and, if possible, who was the owner of the dog or dogs by which such damage was done,
and shall forthwith make a written report of the findings to the County Executive or Justice of
the Peace appointing them.
Any owner or keeper of such dog or dogs shall be liable to the county in which the
damages occurred to such live stock or poultry in a civil action for all damages and costs, and the
owner who suffers the loss shall be reimbursed out of said funds in which said damage occurred.
Upon making examination required as aforesaid, in this Section of this Act, the county
executive or magistrate shall immediately make a certificate thereto, signed and sealed by him,
that such appraisement was regularly and duly made. If, by such examination, it appears that any
damage has been sustained by the claimant, the county executive of Justice of the Peace, shall
deliver the report of such examination, and all papers relating to the same, to the claimant, his
agent or attorney, upon payment of the cost up to that time. Such report shall be delivered to the
County Court to be filed in his office. The County Court Clerk receiving such report, if it
appears thereby that a certain amount of damage has been sustained by the claimant, shall
51
immediately file the same, and on the first day of June and the first day of January of each year
following, shall total the claims so filed, and if sufficient money is on hand in said "dog license
fund" to pay all of said claims in full, so filed, he will immediately draw his order on the Trustee
of the County, in favor of the claimants for the amount of loss or damage such claimants have
sustained, according to said report, together with necessary and proper cost incurred. But if said
fund on hand is insufficient to pay said claims so filed in full then he will pro rate the same on
said claimed so filed. No person shall receive any order for any claim until the county executive,
or Justice of Peace, before whom the claim was made has certified that due diligence was made
to ascertain whose dog or dogs did the damage, and where the carcasses of the live stock or
poultry killed, and for which damages have been assessed, were located within twenty-four
hours after the assessment of damages.
SECTION 23. That any valid claims or parts thereof for loss of damage to sheep, horses,
mules, cattle or swine which have accrued under any general or local laws at any time, prior to
the passage of this Act shall not abate by reason of the repeal of such general or local laws.
SECTION 24. That it is unlawful for any person knowingly to make any false statement
or to conceal any fact required to be disclosed under any of the provisions of this Act.
SECTION 25. That in any proceeding under this Act the burden of proof of the facts that
a dog has been licensed, or has been imported for breeding, trial or show purposes, shall be on
the owner of such dog, or the party who has possession of such dog. Any dog not bearing a
license tag shall prima facie be deemed to be unlicensed.
SECTION 26. That any person, other than an officer, violating or failing or refusing to
comply with any of the provisions of this Act shall be deemed guilty of a misdemeanor, and
upon conviction shall be adjudged to pay a fine of not less than $10.00 nor more than $40.00.
All fines collected under the provision of this Act shall be forthwith paid to the Trustee of
the County, and credited, after payment of such commission as officers may be entitled to under
this Act, to said "dog license fund."
SECTION 27. That this Act is intended as a complete and uniform system in all counties
having a population of not less than 30,940 nor more than 30,950 according to the Federal
Census of 1920 or any subsequent Federal Census, for the licensing of dogs, and the protecting
of live stock and poultry from injury by dogs; but nothing in this Act shall interfere with any law
for the protection and preservation of game, except where such Act or parts of Act are
specifically repealed this Act does not repeal or affect any Act or parts of Acts relating to mad
dogs affected with any disease.
SECTION 28. That nothing in this Act shall be construed to prevent the owner of a
licensed dog from recovery, by action at law, the value of any dog, which dog has been illegally
killed by any officer, farmer, stockman or other person in said County, from said officer, farmer,
or other person. In case such officer or other person fails to pay the value of such dogs so killed,
the same shall be paid by the proper officials of said county, said value of said dog to be
ascertained in the same manner and form as provided hereinabove in this Act for assessing the
damages done to live stock or poultry by dogs, but the amount so paid for such dog or dogs shall
not exceed $25.00 per dog.
52
Nothing in this Act shall be construed to prevent the killing of a dog by any officer
empowered to enforce the game laws of this State when said dogs are pursuing game during the
closed season for the training of dogs and game, providing said dogs are not under the immediate
control or accompanied by their owner or keepers, and also providing that legal notice has
previously been given said owner or keeper as required by the existing game laws of this State.
SECTION 29. That the County Court Clerk shall quarterly make a report to the County
Trustee of all licenses issued, amounts collected, number, kind and breed of live stock and
poultry injured or killed, amounts paid out, and for what, and in fact a general report covering
the enforcement of this Act, and also pay over all fees collected under the provisions of this Act
to the County Trustee quarterly; and for the collection of said licenses as herein provided said
County Court Clerk is hereby allowed the sum of 5% of the amounts so collected by him, which
is hereby allowed as his compensation for the performance of the duties required of him under
this Act; and the residue thereof shall be turned over by the County Court Clerk to the County
Trustee in a separate fund known as the "dog license fund," and so kept by said County Trustee;
and for his compensation for handling said fund the County Trustee shall be allowed 2% of the
amount so handled and disbursed by him under the provisions of this Act.
The Sheriff, his deputies, and constables, whose duty it is to enforce the provisions of this
Act, are hereby allowed, in addition to the fees herein provided for, 10% of the amount of the
license fee collected by them from any persons owning, keeping or harboring any dog or dogs,
when the same becomes delinquent, and is placed in the hands of said officer or officers for
collection, it being hereby declared the duty of the County Court Clerk, after said license fees as
herein provided for said dogs become delinquent, to issue distress warrants for said license fees
against any person owning, keeping or harboring any dog or dogs, and this compensation to said
officers is in addition to the legal statutory cost for serving distress warrants.
SECTION 30. That the Magistrates in said counties shall have jurisdiction for the trial of
all criminal offenses herein provided, and authority to impose said fines herein provided, for any
violations under the provisions of this Act.
SECTION 31. That in any event that any one or more of the provisions of this Act shall
be decided to be unconstitutional, the Court's decision holding same unconstitutional shall not
affect the validity of the remaining provisions of this Act, it being the intention of the Legislature
that the provisions of this Act are severable.
SECTION 32. That all moneys collected by said County Court Clerks under the
provisions of this Act shall, after deducting the amounts paid out for loss necessary for the
enforcement of this Act, damages, compensations and other expenses, revert to the school fund
of the County.
SECTION 33. That all laws or parts of laws in conflict with this Act are hereby repealed,
and that this Act shall become effective upon its passage and approval, the public welfare
requiring it.
Passed: April 14th, 1927.
53
COMPILER'S NOTE: This act was mentioned in a dissenting opinion by Justice Cook in
Darnell v. Shapard, 156 Tennessee 568, 3 S.W.2d 668 (1928). This was also the subject of
litigation in Birdsong v. Wilkinson, 13 Tenn. App. 276 (1931).
54
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. § 70-1-301. 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. 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 Giles County. They are included herein for
reference purposes. Also referenced below are acts which repeal prior law without providing
1. Private Acts of 1889, Chapter 128, actually amends an 1887 general act to the extent of
prohibiting any person from fishing in Giles County with a seine or net whose meshes are
less than 1½" and subjected violators to a fine of not less than $2.00 per offense.
2. Private Acts of 1893, Chapter 15, made it unlawful for any person to trap, kill, net, or
capture quail or partridges for pleasure or for profit, on his land or elsewhere in Gibson,
Montgomery, Lincoln, and Giles County, at any season other than from November 1 to
March 1 of the following year, fines for violation ranging from $5 to $25.
3. Private Acts of 1897, Chapter 285, made it lawful for any resident of Giles County to fish
in these ways, by hands or grabbing, by baskets by slat trap where slats are 1½" apart,
and by seining when meshes of the seine are 1½" or larger. This Act amended Chapter
127, Acts of 1895, which was a general state law forbidding the things which this act
permits in Giles County.
4. Private Acts of 1899, Chapter 72, repealed Acts of 1897, Chapter 285, and thus brought
the county back under the provisions of Acts of 1895, Chapter 127, again.
5. Private Acts of 1903, Chapter 147, made it lawful to catch fish in any of the streams of
Giles County in any way and at any time except by use of explosives and poison.
6. Private Acts of 1905, Chapter 294, repeals Acts of 1903, Chapter 169, Section 3,
subsection 7, a general game law for the entire state, as the act applied to Giles County in
this regard, by making it lawful to kill squirrels in the county at any time during all
seasons of the year.
7. Private Acts of 1905, Chapter 306, Page 657, prohibited one from grabbling, seining, or
trapping fish in any stream, lake, or pond in Giles County without written permission of
the person through whose lands the lake or pond is located, but this was not to apply to
seining for minnows for bait. Fines for violation ranged from $5.00 to $50.00.
55
8. Private Acts of 1917, Chapter 527, Page 1629, permitted any resident of the county to
catch fish by rod and line, trot line, snatch hook, basket with slats 1½" apart, and nets
with meshes 1½" wide, or larger, provided permission were granted from abutting
property owners. It was also lawful to grabble and seine for fish in any stream from July
1 to August 31 of each year. Violations were classified as misdemeanors, punished by
fines upon conviction.
9. Private Acts of 1919, Chapter 375, Page 979, declared it a misdemeanor to shoot, take,
kill, hunt, capture, destroy or injure by any means or method, any quail, partridge, dove,
or squirrel except during the following open seasons; quail and partridge from December
to February 1; doves, from September 1 to March 1; and squirrel, from October 15 to
July 1.
10. Private Acts of 1929, Chapter 460, Page 1201, again legalized fishing with hook and line,
or troutline in any month of the year and in all county streams.
11. Private Acts of 1933, Chapter 871, Page 1962, made it unlawful for any person, firm, or
corporation, to engage in market fishing in any water or stream in Giles County; no fish
taken in such manner shall be sold or offered for sale. Further, it was unlawful to fish by
net, basket, hoop net, gill net, seine, grabhooks, or grabbling, or by any device other than
hook or line. The fines for violations started at $25.
12. Private Acts of 1939, Chapter 243, Page 927, by population figures for Giles County
declared it to be unlawful to catch or transport within the boundaries of said county or
counties, minnows intended for transportation or sale beyond the borders of Tennessee,
or to have more than 1000 minnows in one's possession at one time. Maximum fine in
these cases was set at $100.
13. Private Acts of 1963, Chapter 244, Page 766, allowed the County Court of Giles County
to appropriate $2,000 to pay a bounty of $2.00 each to everyone killing a grey fox in
Giles County who claimed it. The offer expired in two years or when the funds were
exhausted, whichever came first. Red foxes were excluded from the bounty payments.
14. Public Acts of 1974, Chapter 703, Page 871, amended Tennessee Code Annotated,
Section 51-4107, by adding a provision immediately preceding the last paragraph which
said that the words at the end of the paragraph "while having in his possession or under
his control any firearm or bow and arrow," and the prohibitions contained in the next two
paragraphs following that would not be applied to deer hunting in several counties listed
in the Act and identified by population groupings of the 1970 Federal Census. Giles
County was included in their number.
FENCES:
1. Private Acts of 1909, Chapter 377, Page 1852, amended a general law on legal fences,
Acts of 1887, Chapter 35, and Acts of 1883, Chapter 46, but made the amendment
applicable only to Giles County which permitted fence posts in that county to be 16 feet
apart instead of 9 feet as specified by the state act.
2. Private Acts of 1915, Chapter 104, Page 330, made it a misdemeanor for the owner, or
the one in possession of, cattle, horses, mules, jacks, jennets, hogs, sheep and goats to
56
permit them to run at large, at the risk of being fined $2.00 to $5.00 therefor and
becoming liable in a civil suit for damages done. The damaged person was given a lien
on said stock for his damages, could take them up and keep them, and charge
compensation therefor, but nothing in this Act is intended to relieve railroads in any way
from their responsibilities in this respect.
3. Private Acts of 1921, Chapter 271, Page 862, described a lawful partition fence in Giles
County as one made of wire, 39 inches in height, with a strand of barbed wire ten inches
above all to be fastened to posts with staples, said posts being no more than 12 feet apart.
If the fence is of rails only, there shall be nine rails to the panel.
DOGS: GENERAL
1. Private Acts of 1923, Chapter 481, Page 1891, was a special dog law for Giles County.
The Act provided for payment of certain license fees for dogs, and certain records to be
kept on each dog by both owner and County Assessor. A Dog was declared to be a
public nuisance in some circumstances when running at large. Funds were to be kept in
an account which would be subject to claims from owners of sheep which had been
injured or killed by dogs at large and, when paid out of this fund, it was the duty of the
Tax Assessor to recover the same in a suit if need be, against the true and lawful owner
or custodian of said dogs. All surpluses in this account at the end of the fiscal year went
to the schools. The Tennessee Court of Appeals in Birdsong v. Wilkinson, 13 Tenn.
App. 276 (1931), held that this act was impliedly repealed be Private Acts of 1927,
Chapter 472.
57
CHAPTER III - BOND ISSUES
58
BOND ISSUES
Bond issues have been authorized by private legislation, but general law now has
provisions covering bond issues needed by counties. Most of the private legislation authorizing
counties to issue bonds, or to borrow money on short term notes, contained similar provisions.
Generally, these common provisions concerned limitations on the rate of interest to be paid, the
maximum number of years for the maturity period, and an additional tax levy for general
obligation bonds, the proceeds of which were placed in a sinking fund and used to amortize the
bonds and interest over the specified maturity period.
For many years the authority of counties to issue bonds was contained in many different
chapters of Tennessee Code Annotated. Recently, the authority to issue bonds and notes has
been consolidated in the Local Government Public Obligations Act of 1986, T.C.A. § 9-21-101
et seq. However, the older authority to issue bonds for school purposes remains in title 49,
chapter 3 of Tennessee Code Annotated.
A listing of the acts which authorized various bond issues for Giles County is included
below for reference purposes, although these acts are no longer current. Also referenced below
are acts which repeal prior law without providing new substantive provisions
.
ASYLUM
1. Private Acts of 1917, Chapter 599, Page 1824, authorized the Quarterly County Court to
issue negotiable warrants not to exceed $15,000, at 6%, or less, and from one to five
years to mature, in order to build and equip an asylum for the insane, and for the poor and
afflicted on the county farm. The Court could levy a special tax to repay the bonds but
the rate was limited to five cents on the $100 property valuation.
BRIDGE AND DRAINAGE

1. Private Acts of 1945, Chapter 71, Page 203, permitted the Quarterly County Court by
resolution to issue $100,000 in 4%, 20 year bonds for bridge and drainage purposes in the
County. The bonds could be sold at public or private sale and the County Trustee would
handle the money. The resolution would fix the details of the issue and levy a tax for the
sinking fund.
BUILDING
1. Private Acts of 1935, (Ex. Sess.), Chapter 41, Page 473, was the legislative authority to
the County Court to issue $37,500, at 6%, or less to mature in 30 years, by resolution
fixing the details of the issue and levying a tax to amortize. The money was to be used to
purchase grounds and construct a public building in or near the town of Pulaski which
would contribute half the cost and be a joint owner of the same. Authority to lease all or
parts of the building was also granted in the Act.
2. Private Acts of 1945, Chapter 70, Page 199, was also permitted to occur under a
resolution of the County Court in an amount not to exceed $30,000, at 4%, or less,
maturity in ten years for the purchase of land and the erection of a public building
thereon. The bonds were declared tax exempt and all other details of the issue were
contained in the Act.
59
3. Private Acts of 1945, Chapter 419, authorized Giles County through its Quarterly County
Court to issue and sell $300,000 in negotiable interest-bearing coupon bonds, in order to
provide funds for the purchase of land and the cost of erecting a memorial to those killed
in all wars.
COURTHOUSE
1. Private Acts of 1909, Chapter 39, Page 92, aversed in the preamble that the courthouse
for Giles County had been destroyed by fire in 1907, that there was a pressing urgency to
rebuild which had induced contracts to be negotiated and executed and these had not
been paid, therefore, the Court could issue $100,000, in 6%, 20 year bonds, to pay the
debts on the Courthouse which were still owing and to complete the building. The
customary details of the issue and tax levy were contained in the Act.
2. Private Acts of 1947, Chapter 66, Page 209, permitted the Quarterly County Court of
Giles County to issue $30,000 in 4%, 10 year bonds, to improve, remodel, or repair the
County Courthouse. If there should be an unused balance when the project was
completed, it would be paid into the sinking fund.
DEBTS
1. Private Acts of 1921, Chapter 778, Page 2430, authorized the County Court to sell
$125,000 in bonds, at interest not be exceed 6%, at maturity schedules from 5 to 30 years
to pay the indebtedness of the County except bonded debts and to pay current operating
expenses if need be, and the general details and tax levy authority were set out in the Act.
2. Private Acts of 1927, Chapter 822, Page 2705, was authority for the County Court to
issue $60,000, at maximum 6% interest and at schedules of maturity no earlier than two
years from date of issuance. The money would be borrowed under the supervision of the
Finance Committee of the Court and used to pay the debts of the County, excepting
bonded debts, and to pay current operating expenses, if occasion demanded.
3. Private Acts of 1931, Chapter 63, Page 150, permitted a $100,000 bond issue by the
Court, at 6% interest or less, with no specified maturity dates, this being left to the
discretion of the Court, for the same purpose of liquidating debts and paying for current
operating expenses.
4. Private Acts of 1931, Chapter 229, Page 602, validated the prior action of the County
Court taken under Chapter 63, above, which left the maturity schedules of the bonds to
the discretion of the Court who decided to pay $5,000 per year for twenty years. All
actions taken were ratified and approved by the General Assembly.
5. Private Acts of 1941, Chapter 445, Page 1537, allowed the Court to sell $50,000 in 4%,
17 year bonds, to pay on the outstanding floating indebtedness of the County. The
County Trustee would handle the money and keep the necessary records of all
disbursements.
HOSPITALS
1. Private Acts of 1947, Chapter 108, Page 321, allowed the Court to sell $250,000 in 4%,
40 year bonds to buy a location, erect and equip a county hospital or to participate jointly
60
in the same with the U. S. Government, the State Government, or the city of Pulaski. The
usual details plus a tax exemption clause for the bonds were present in the Act.
ROADS
1. Private Acts of 1901, Chapter 448, Page 1073, authorized Giles, Lincoln, Maury,
Williamson, and Davidson Counties to buy on any terms deemed acceptable any turnpike
road or roads which would then become free public roads. They could provide funds by
taxation or issue up to $250,000 in bonds at interest rates not to exceed 6% and maturity
schedules under 30 years which power would be exercised through the respective county
courts without the necessity of a referendum.
2. Private Acts of 1913, Chapter 191, Page 655, allowed Giles County through its Quarterly
Court to sell $100,000 in 5%, 10 to 20 year bonds, to secure stone crushing machinery
and for purchasing toll roads in the County for all of which the Court could levy a tax for
the sinking fund.
3. Private Acts of 1921, Chapter 779, Page 2433, allowed the County Court to buy all
turnpike roads and could issue $35,000 in bonds, at no more than 6% interest to mature in
five years to apply to the purchase price. The Act urges that bonds be issued and the road
acquired to complete a system of free public roads in the county.
4. Private Acts of 1935, Chapter 551, Page 1414, permitted the County Court to issue
$50,000 in 4½%, 10 year bonds under the supervision of the Finance Committee of the
Court to pay outstanding debts and to acquire some rights-of-way for public roads. This
Act seemed to favor rights of way over the payment of debts so it is listed here and not
under debts although a dual purpose was clearly indicated.
5. Private Acts of 1937, Chapter 371, Page 1143, was for the sum of $70,000 in 4½%, 40
year bonds, to be issued by the Quarterly Court to purchase rights-of-way for public
roads. The Trustee would handle the proceeds under the authority of the general details.
6. Private Acts of 1939, Chapter 41, Page 108, permitted the Court to issue $45,000 in
4½%, 40 year bonds, to apply the proceeds thereof to the cost of cooperating with the
Public Works Administration of the federal government in the construction of roads in
the County. These bonds were exempt from taxation and would be handled by the
Trustee who would keep appropriate records.
7. Private Acts of 1943, Chapter 184, Page 750, was for issuance of $20,000 in 4½%, 40
year bonds for maintaining and repairing County Road equipment, roads, and bridges in
Giles County. The bonds could be sold at public or private sale after which the County
Trustee would handle the details.
8. Private Acts of 1947, Chapter 107, Page 318, permitted the Quarterly Court to issue
$75,000 in 4%, 40 year bonds to purchase rights-of-way for road and highway purposes
in the County. The court could sell all or part of the authorized issue as need dictated.
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SCHOOLS
1. Private Acts of 1931 (Ex. Sess.), Chapter 7, Page 334, allowed the Quarterly Court to sell
$100,000 in 6%, 5 year bonds, to secure money to operate the public schools and for
paying the outstanding debts of the school system. Taxes have not been collected in the
County and all County funds are in banks which have been closed under presidential
order.
2. Private Acts of 1937, Chapter 156, Page 454, validated and ratified all the proceedings
had by the County Court on December 4, 1936 relative to the issuance by the Court of
$60,500 in 3½% bonds to be liquidated by July 1, 1953, for the construction of a high
school.
3. Private Acts of 1937, Chapter 194, Page 616, amends Chapter 156, same year, above
relative to a high school in the County by making the last bond payable on July 1, 1953,
instead of July 1, 1954, as stated in the Act. Remainder of the Act was left as written.
4. Private Acts of 1937, Chapter 370, Page 1141, allowed the Mayor and Aldermen of
Pulaski to sell $25,000 in 6%, 25 year bonds, to build and equip an auditorium for school
and municipal purposes.
5. Private Acts of 1937, Chapter 372, Page 1146, permitted the Quarterly Court of Giles
County by resolution to sell $25,000 worth of 4½%, 30 year bonds for constructing
additions to a high school building in the 7th Civil District of the County for which the
Court could levy an additional county wide tax.
6. Private Acts of 1939, Chapter 44, authorized the Quarterly County Court in Giles to sell
$100,000 in negotiable interest bearing coupon bonds in order to provide funds for the
purchase of lands and constructing school buildings. An additional tax on all taxable
property was to be levied to pay the principle and interest on the bonds.
7. Private Acts of 1943, Chapter 408, authorized the Quarterly County Court of Giles
County to issue and sell bonds not to exceed $75,000 for the purpose of purchasing
school buses.
62
CHAPTER IV - BOUNDARIES
63
BOUNDARIES
CREATION OF THE COUNTY
CHAPTER 55
SECTION 1. That there be a new county established within the following described
bounds, to wit: Beginning at the south east corner of Maury county, thence due south to the
southern boundary of the state; thence west, so far as to form a constitutional county; thence
north to the line of Maury county, and with said line to the beginning, which could shall be
known by the name of Giles county.
SECTION 2. That James Ross, Nathaniel Moody, Tyree Rhodes, Gabriel Bumpass, and
Thomas Whitson, be, and they are hereby appointed commissioners who, or a majority of them
shall (as soon as the nature of the case will admit) proceed to fix on a place on Richland creek, as
near the centre of the county as an eligible site can be procured, at which site the said
commissioners shall procure at least one hundred acres of land, for which they shall cause a deed
or deeds to be made, to themselves and their successors in office, by a general warrantee, on
which they shall cause a town to be laid off, with the necessary streets, at least eighty feet wide,
reserving at least two acres, for a public square, on which shall be built a court-house and stocks,
also reserving a public lot, sufficient to contain a jail in a convenient part of the town, which
town shall be known by the name of Pulaski.
SECTION 3. That when the town shall have been thus laid off, the aforesaid
commissioners are further required to advertise for sale, in one of the Gazettes, in Nashville, to
the highest bidder, giving sixty days previous notice, and allowing twelve months credit, such
portion of the lots so laid off, as they may think will be for the benefit of the county, and that
they shall take bonds with sufficient security, to themselves and their successors in office, and
shall make titles to the purchasers in fee simple.
SECTION 4. That it shall be the duty of said commissioners to contract with suitable
workmen to build a court-house, prison and stocks; and the money arising from the sale of such
lots, after paying for the land purchased, and the necessary expense of laying off said town, shall
be applied to the payment of such court-house, prison and stocks.
SECTION 5. That should the money arising from the sale of said lots, be insufficient to
pay for each court-house, prison and stocks, in that case a majority of the justices of said county,
shall in term time, have power, and are hereby authorized to lay a county tax, not exceeding the
state tax, which tax shall be continued from year to year, until a sufficient sum be collected to
pay for such public buildings, and shall be collected in the same manner as the state tax, and
when collected, the sheriff shall pay the same over to the commissioners, and be by them applied
to the payment of the said public buildings, and the commissioners receipt shall be allowed in
the settlement of the sheriff's accounts.
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SECTION 6. That before the said commissioners enter on the duties of their
appointment, they shall enter into bond with sufficient security, payable to the Governor, for the
time being, in the sum of six thousand dollars, for the faithful discharge of their duty as herein
expressed, which bond shall be lodged in the office of the clerk of the said county of Giles.
SECTION 7. That so soon as the public buildings shall be completed, the said
commissioners shall lay before the court of Giles county a just and fair statement of all the
monies by them received, as well as those by them expended, with sufficient vouchers for the
same, by virtue of their appointment, and the court shall make them a reasonable compensation
for their services, PROVIDED, there shall be a majority of the justices of the peace of said
county present, when such allowance is made.
SECTION 8. That for the due administration of justice, the court of pleas and quarter
sessions shall be held in and for the county of Giles, on the third Monday in February, May,
August and November, in each and every year; and the justices for said county shall hold the
first court at the house of Lewis Kirk, and they may adjourn their courts from time to time, to
such place as they may think most convenient, until a courthouse be built in and for said county,
and then all causes, matters and things, depending in said court, and all manner of process,
returnable to the same, shall be adjourned to such court-house, and all courts of pleas and quarter
sessions, held in and for said county, shall be held by the justices of the peace, in the same
manner, and under the same rules and regulations, and shall have and exercise the same powers
and jurisdictions as are or shall be prescribed, by and for the several counties in this state.
SECTION 9. That nothing herein contained, shall be so construed as to prevent the

sheriff or collector of Maury county for collecting the taxes within the said county of Giles,
which are at this time due, in the same manner as if this act had not been passed.
SECTION 10. That the said county of Giles be a part of the district, for electing an
elector to elect a President and Vice-President of the United States, for electing a governor,
representative or representatives to Congress, Senator or Senators and representatives in the
General Assembly, and field officers; and be annexed to the brigade to which it has heretofore
been attached, and the elections be held at the place for holding court in said county, and shall be
conducted under the same rules and regulations as are established by law; and that the sheriff or
deputy sheriff of said county of Giles, shall, on the second Thursday of March next, hold an
election at the place above stated, for the purpose of electing the field officers of militia for the
said county of Giles, which election shall be conducted pursuant to the laws now in force and use
for the election of field officers, and the sheriff or returning officer shall make a return in all
cases of elections agreeably to the laws now in force and use in this state, and shall observe the
same rules and regulations in making returns and comparing votes, as are now observed in the
electoral district, to which the said county is attached.
SECTION 11. That the militia of said county of Giles shall constitute the thirty-seventh
regiment, and shall hold regimental matters on the fourth Thursday in October in each year, and
the colonel or commanding officer of each regiment, shall lay off the county line into companies,
and shall use his writ, and appoint the place where elections shall be held for company officers.
SECTION 12. That this act shall be in force from and after the first day of January next.
Passed: November 14, 1809.

BOUNDARIES
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CHAPTER 34
SECTION 1. That the territory of Giles County lying north and east of the line beginning
on the top of the ridge in Giles and Marshall County line, at the west end of Enoch Smith's farm,
not far from Wesley Griffs; running thence, in a southern direction with a lane, to the Bear Creek
Church road; thence with said road to the mouth of the land in the Cornersville and Lynnville
road that divides the farm of P. T. Cox and Richard Wilkes; thence south with the Cornersville
and Lynnville road to a large poplar in the road where the Cornersville and Lynnville road turns
east; thence with the old Huntsville and Columbia road to the Christian Church near D. G.
Ussey's, the same being the line of the seventeenth district of Giles County; thence with the said
Huntsville and Columbia road and the civil district line, to what is known as the G. W. Day farm
and Easlick's mills; then east, so as to strike the line that divides the lands of S. G. Marsh and W.
W. Simmons, near the Cornersville and Pulaski turnpike; thence east with said Marsh and
Simmons' line to the southeast corner of said Marsh's farm; thence north to the middle of
Richland Creek; thence east up Richland Creek, meandering the same to the point where the
Giles and Marshall County line crosses the creek near James Moore's, shall be, and the same is
hereby attached to and constitute a part of Marshall County.
SECTION 2. That the territorial fractions, taken from Giles and added to Marshall
County by this Act, shall continue liable for its pro rata of all debts contracted by Giles County
before the passage of this act, and the said fraction shall be entitled to its proportion of any
stocks or credits belonging to Giles County.
SECTION 3. That the State and County taxes of said fraction for the year 1870, shall be
collected by the Tax Collector of Giles County, and when collected in said fraction, the county
tax shall be paid to the County Trustee of Giles County, and constitute a part of the county
revenue of Giles County.
SECTION 4. That as the public welfare requiring it, this act shall take effect from and
after its passage.
Passed: June 30, 1870.
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BOUNDARIES
CHAPTER 205
SECTION 1. That the county line between the counties of Giles and Maury be so
changed, as follows: Beginning at an oak tree, the corner of the said counties, about four
hundred (400) yards south of W. J. Henson's house, running thence south 6 degrees 5' west 380
poles to black oak, thence north 45 degrees west 260 poles to old line, containing in all about
eight hundred and forty-two (842) acres of land.
requiring it.
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BOUNDARIES
PUBLIC ACTS OF 1973
CHAPTER 156
COMPILER'S NOTE: This is a special public act which is not included in Tennessee Code
Annotated, but has been included in this compilation as a service to our readers.
SECTION 1. The boundary line between Maury and Giles Counties is changed by
detaching from Giles County and attaching to Maury County the following described tract of
land:
Beginning at a point where the southern boundary of the W. A. Richardson property

intersects the eastern right-of-way of U. S. Highway 31, south of the present county boundary
line; thence easterly along the southern boundary of the Richardson property and the northern
boundary of the Underwood property to its intersection with the Armstrong property; thence
northerly along the eastern boundary of the Richardson property and the western boundary of the
Armstrong property to the intersection of the present County boundary with the
Richardson-Armstrong property line, the land so described lying south of the present
Maury-Giles County line and being part of lands owned by W. A. Richardson.
SECTION 2. This act shall take effect on becoming a law, the public welfare requiring
it.
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BOUNDARIES
PUBLIC ACTS OF 1974
CHAPTER 518
COMPILER' S NOTE: This is a "Special Public Act" and is not printed in the Tennessee Code
Annotated. It is published here as a service to our readers.
SECTION 1. The boundary line between Maury and Giles Counties is changed by
detaching from Giles County and attaching to Maury County the following described tract of
land:
Beginning at a point in the west margin of the Mt. Pleasant - Campbellsville Road
(Campbellsville Pike) where the present Maury & Giles County line crosses said road,
thence in a southerly direction with the west margin of said road (pike) to the southeast
corner of the fifteen (15) acre trace (sic) of land conveyed to Orville Mangrum and wife,
Bertha Mae Mangrum, by deed of record in Book 533, page 195 of the Register's Office
of Maury County, Tennessee; thence with the south boundary line of said Orville
Mangrum's and Bertha Mae Mangrum's said 15 acre tract to Waldrop's east boundary
line; thence with said Waldrop's line to the original county line, between Maury and
Giles Counties so as to include all of said 15 acre tract in Maury County. Said County
line being changed to whatever extent is necessary to place all of said 15 acre tract in
Maury County.
SECTION 2. This Act shall take effect on becoming a law, the public welfare requiring
it.
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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
Giles County.
1. Private Acts of 1811, Chapter 13, Page 17, stated that whereas some doubt exists about
the boundary line run between Giles and Lincoln Counties as authorized by the 1809 Act
creating Giles County, the line run and marked by the Commissioners appointed in that
act is declared to be the boundary between the two Counties.
2. Private Acts of 1827, Chapter 201, Page 173, changed the line between Maury and Giles
Counties so as to include all the lands belonging to John Andrews in Giles.
3. Private Acts of 1836, Chapter 35 created Marshall County which included part of Giles
County. It was provided in the act that nothing should be construed as preventing the
Giles County Court from rendering judgements. It was also provided that should the
citizens in the fraction of land that was to be taken from Giles County to make up part of
Marshall County vote to become part of Marshall County prior to the holding of elections
in other counties, then the territory that comes to Marshall county from Giles county
should be stricken from the south part of the Lincoln fraction.
4. Private Acts of 1840-41, Chapter 179, change the county line between Knox and
Grainger Counties, a provision is included in the act that Giles County not be reduced by
more than 625 square miles.
5. Private Acts of 1849-50, Chapter 110, Section 2, Page 302, altered the line between
Lincoln and Giles Counties so that the land and residence of Thomas Collins would be
included all in Giles County and the County surveyor would run and mark the line
accordingly.
6. Private Acts of 1853-54, Chapter 130, Page 204, transferred the tract of land granted to
Felix Carroll from Giles County to Lawrence County.
7. Private Acts of 1867-68, Chapter 20, Page 21, detached all the lands belonging to C. J.
Dugger from Giles County and attached them to Maury County.
8. Private Acts of 1868-69, Chapter 39, Page 53, moved all the lands of W. H. Hagen,
James W. Hagan, William Hagan, and Sinia Garner (all names spelled as the Act had
them) from Giles County into Lawrence County.
9. Private Acts of 1870 (3rd Ex. Sess.), Chapter 18, Section 5, Page 21, changed the
boundary between Lawrence and Giles so that the 90 acres belonging to Emery Hughes
would be included in Lawrence County.
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10. Private Acts of 1877, Chapter 155, Page 180, altered the boundary between Giles and
Lawrence Counties so as to include all the lands of James Harwell, Thomas M. Kelley,
Katherine Hughes, Elsia Scott, John M. Berry, and about 100 acres of A. J. Hannah from
the 18th Civil District of Giles County in the 4th Civil District of Lawrence County.
11. Private Acts of 1879, Chapter 21, Page 36, moved the house and farms of James Perry,
Mr. Pollis and D. W. Kincaid from Marshall County into Giles County. This Act was
cited in the case of Wilson v. State, 143 Tenn. 68, 224 S.W. 172 (1920), relative to the
procedures of enactment rather than the contents of the Bill.
12. Private Acts of 1879, Chapter 57, Page 77, amended the June 30, 1870 Act by changing
the boundary line so as to throw all the lands of W. T. Marsh into Marshall County, the
boundary line for Marshall County, the boundary line for Marshall being run on the south
border of this land instead of the north.
13. Private Acts of 1879, Chapter 137, Page 176, transferred all the lands of Berry Brashears
from Giles County into the 9th Civil District of Lawrence County.
14. Private Acts of 1901, Chapter 256, Page 556, moved the lands of J. L. Ball, as described
in the Act, from Lawrence County into Giles County.
15. Private Acts of 1901, Chapter 308, Page 690, detached the properties of T. M. Burgess,
N. M. Smith, M. L. Burgess, W. N. Poarch, T. L. Poarch, James Gosnell, Mrs. S. J.
Harris, and Mrs. Emma Moore from Giles County and attached all of them to Marshall
County.
16. Private Acts of 1905, Chapter 28, Page 73, changed the lines between Giles and Marshall
so as to place the lands of J. D. Cainer, and J. B. Smithson in Marshall County.
17. Private Acts of 1909, Chapter 101, Page 280, transferred the land of Howard Fox from
the 17th Civil District of Giles County to the 4th Civil District of Marshall County.
18. Private Acts of 1915, Chapter 384, attempted to add a strip of Giles County to Marshall
County. This act, however, was declared unconstitutional in the case of Giles County v.
Marshall County, 133 Tenn. 415, 181 S.W. 308 (1915), because the Marshall County line
would then be within the eleven mile limit of the Giles County Seat, which is prohibited
by the Constitution.
19. Private Acts of 1925, Chapter 640, Page 2404, moved ten acres of land belonging to G.
W. Stallings from the 4th Civil District of Marshall County to the 15th Civil District of
Giles County.
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CHAPTER V - COURT SYSTEM
72
COURT SYSTEM
BOARD OF JURY COMMISSIONERS - JURORS
GRAND JURY CLERK
CHAPTER 80
SECTION 1. (a) The Legislative Body of Giles County may by resolution authorize the
foreman of the Grand Jury to appoint a part-time Clerk of the Giles County Grand Jury to handle
the administrative duties for such Grand Jury. The County Legislative Body is further
authorized to compensate such Clerk at a rate which is equal to the compensation paid to the
guard of the Grand Jury.
(b) The Clerk shall be appointed by and serve at the pleasure of the Foreman of the
Grand Jury. The duties of the Clerk shall be established by the foreman and approved by the
County Legislative Body. Provided, however, at no time shall the Clerk be a part of nor be
involved in the deliberations of the Grand Jury.
of the Legislative Body of Giles County. Its approval or nonapproval shall be proclaimed by the
Presiding Officer of the County Legislative Body and certified to the Secretary of State.
73
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 Giles County,
but are no longer operative. Also referenced below are acts which repeal prior law without
providing new substantive provisions.
1. Private Acts of 1809, Chapter 93, Page 121, sets the date for holding the Court of Pleas
and Quarter Sessions in Giles County and grants the authority to the court to appoint 13
jurors for each operating court in the county.
2. Private Acts of 1817, Chapter 128, Page 136, gave several counties the authority,
including Giles County, to levy a tax for the purpose of raising money to pay jurors
additional pay which was not to exceed fifty cents per day.
3. Private Acts of 1819, Chapter 62, Page 89, made it lawful for the county courts of
Davidson, Sumner, Williamson, Giles, Rutherford, and Maury counties to appoint 37
jurors for each county for the circuit and county courts who would be paid at the same
rate as was allowed by law for other jurors.
4. Private Acts of 1911, Chapter 376, Page 1068, created a Board of Jury Commissioners
for Giles County, defined the qualifications, the method of appointment and the duties of
the commissioners; provided for jury lists, jury boxes, and the selection of juries;
prescribed the duties of the Judges involved in the process; provided for a Clerk for the
Board and the compensation of the clerk and members of the Board; prescribed the
manner of drawing and impaneling the juries and the penalties to punish those in
violation of this Act. This Act was repealed by a general repealing clause contained in
Private Acts of 1927, Chapter 667, Page 2158, which established another Board of Jury
Commissioners for Giles County.
5. Private Acts of 1927, Chapter 667, Chapter 2158, provided for a Board of Jury
Commissioners consisting of 3 freeholders, not attorneys, state or county officers,
Justices of the Peace, Constables, Deputy Sheriffs, or have litigation pending, appointed
by the Judges of the Circuit or Criminal Courts; Circuit Court Clerk would act as Clerk
for the Board. The Board would select from the tax rolls a list of names numbering
one-third of the total votes cast in the last general election. They must not have served
for one year preceding. All jurors and juries would be drawn from this list and the
circumstances under which they might be excused are written down. Provisions for
renewing the lists and for the punishment of those who violate the Act are set out therein.
This Act was superseded and impliedly repealed by Private Acts of 1951, Chapter 445,
Page 1267.
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6. Private Acts of 1937, Chapter 209, Page 807, provided judges having criminal court
jurisdiction in the 11th Judicial Circuit, which included Giles County, with authority to
appoint Minute Clerks of the Grand Juries in the respective counties of their jurisdictions,
the same to serve for a period of two years and be appointed at the same time as the
foreman of the Grand Jury was appointed.
7. Private Acts of 1945, Chapter 598, Page 1771, authorized regular and tales jurymen to
receive $3.00 daily for each day served as a juror, the tales jurymen to be paid likewise
even if they served only one day, all to come out of the general county funds.
8. Private Acts of 1951, Chapter 445, created a board of jury commissioners for Giles
County. This act defined the method of appointment, qualifications, and duties of said
commissioners. Private Acts of 1951, Chapter 445, also provided for the selection of
juries, the jury list, and jury boxes which were to be kept in the county. This Act and its
amendments have both been repealed and superseded by state law.
8. Private Acts of 1953, Chapter 135, Page 469, amended Chapter 445, Private Acts of
1951, in Section 21 by raising the daily pay of the foreman and clerk of the Grand Jury to
$8.00 per day. The 1951 Act and this amendment have both been repealed and
superseded by state law.
75
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.
Giles County, under the provisions of § 16-2-506 of Tennessee Code Annotated, is part
of the 22nd 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 Giles
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. Public Acts of 1822 (Ex. Sess.), Chapter 13, Page 15, specifies that the justice of the
Supreme Court will hold Chancery Court at least once a year in the places designated in
the act. It is believed that equity cases from Giles County would have been tried at the
court in Columbia, in Maury County on the second Monday in December.
2. Public Acts of 1824 (Ex. Sess.), Chapter 14, Page 40, added two more Justices to the
Supreme Court to be appointed by the Legislature and directed that equity courts be held
twice a year in all counties. The clerk of the Supreme Court would act as Clerk and
Master. The court at Columbia for the counties of Maury, Bedford, Lincoln, Giles,
Lawrence, Wayne and Hardin would be held as specified.
3. Public Acts of 1827, Chapter 79, Page 80, repealed all prior legislation on chancery
courts. Two chancellors would be appointed by the General Assembly and the state was
divided into the Eastern and Western Divisions. Court would be held at Rogersville,
Greenville, Kingston, Carthage, and McMinnville in the Eastern Division and at
Franklin, Columbia, Charlotte, Jackson and Paris in the Western Division.
4. Private Acts of 1831, Chapter 57, Page 81, organized a chancery court for Pulaski which
included also Lincoln, Lawrence, Wayne and Hardin Counties in the division. Court
would begin on the second Monday in April and October and continue until the business
of the court was completed.
5. Public Acts of 1835, Chapter 4, Page 26, divided Tennessee into three chancery
divisions. Court terms for Giles and Lawrence Counties in the 9th District of the Middle
Division would commence at Pulaski on the first Monday in March and September.
6. Private Acts of 1851-52, Chapter 178, Page 257, sets the court times for the chancery
court in the Middle Tennessee Division. Court would start in Pulaski on the third
Monday in February and August.
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7. Private Acts of 1853-54, Chapter 55, Page 129, Section 7, changed the court terms for the
chancery court in Pulaski to the fourth Monday in May and November.
8. Private Acts of 1855-56, Chapter 150, Page 232, Section 6, changed the court days for
Giles County chancery court to the first Monday in March and September.
9. Private Acts of 1857-58, Chapter 88, Page 96, made some changes in the Middle
Division of the Chancery Court but the court at Pulaski rewaived as it was on the first
Monday in March and September.
10. Private Acts of 1867-68, Chapter 64, Page 79, added Hickman and Lawrence counties to
the Fourth Chancery Division along with Giles, Maury, Williamson, and Marshall
Counties, court terms for Giles remaining as they were. Chapter 67, Page 85, the same
year, changed the starting dates of the Giles County Chancery Court to the first Monday
in May and November.
11. Public Acts of 1870, Chapter 32, Page 60, divided Tennessee into 12 Chancery Districts.
The 8th District was composed of Williamson, Maury, Marshall and Giles counties.
12. Private Acts of 1870, Chapter 47, Page 81, set the terms for the chancery court on the
third Monday in February and September.
13. Private Acts of 1870, (3rd Ex. Sess.), Chapter 55, Page 76, changed court days for the
chancery court in Giles County to the third Monday in February and the first Monday in
September.
14. Private Acts of 1885 (Ex. Sess.), Chapter 20, Page 96, placed Maury, Giles, Lawrence,
Lewis, Wayne, Hickman, Hardin, Perry, Decatur, Dickson, and Benton in the Seventh
Chancery Division of the state but did not change the court terms for Giles County.
15. Private Acts of 1887, Chapter 5, Page 63, changed court times in the Seventh Chancery
Division. Giles court terms would start on the first Monday in February and the second
Monday in August.
16. Private Acts of 1891, Chapter 230, Page 445, changed the time for chancery court in
Giles County to the first Mondays in February and July by amending the 1887 Act,
above.
17. Public Acts of 1899, Chapter 427, Page 991, reorganized the judicial structure of the
State into ten chancery divisions. Rutherford, Bedford, Marshall, Williamson, Lincoln,
Lawrence, Maury, Giles, Lewis and Wayne made up the Fifth Division. Court terms in
Giles were on the first Mondays in May and November.
18. Private Acts of 1901, Chapter 494, Page 1183, changed the chancery court terms in the
Fifth Chancery Division. Giles County terms would start on the fourth Monday in March
and September.
19. Private Acts of 1915, Chapter 156, Page 523, provided that the Circuit Judge who held
the circuit court for Giles County would be vested with all the power and authority to
discharge all the duties of a chancellor concurrently with the chancellor holding that
77
court, and additional court terms would be held on the third Monday in January, the
fourth Monday in April, and the second Monday in October, court to continue until the
docket was finished.
20. Public Acts of 1931 (2nd Ex. Sess.), Chapter 38, Page 267, separated the state into 14
chancery divisions with Rutherford, Marshall, Bedford, Moore, Lincoln, Maury and
Lawrence counties constituting the Fifth Division. Court days for Giles County were the
fourth Mondays in March and September.
21. Public Acts of 1945, Chapter 12, Page 42, Section 1, had Rutherford, Marshall, Bedford,
Moore, Lincoln, Maury, Lawrence and Giles in the Fifth Chancery Division. Court terms
begin on the third Monday in January and July for Giles.
78
COURT SYSTEM
CHANCERY COURT
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 provides 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.
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 following act once applied to the clerk and master in Giles County.
1. Private Acts of 1943, Chapter 87, Page 450, fixed the salary of the Clerk and Master of
Giles County at $3,600 annually if a sworn, itemized statement is filed with the County
Judge on April 1, showing the amount of fees received, excluding those for transcripts of
records and those received as Trustee, Receiver, Special Commissioner or such. If the
fees were less than the salary the difference would be made up by the county which
would also purchase all the supplies and materials needed by his office, but if the fees
were over the salary, he could retain them. He could hire deputies but their salary must
be paid out of his compensation.
79
COURT SYSTEM
CHANCERY COURT
(PROBATE JURISDICTION)
CHAPTER 123
SECTION 1. The Chancery Court for Giles County is hereby designated Probate Court
of Giles County. The Clerk and Master for Giles County is hereby granted all statutory powers
when Chancery Court is exercising probate jurisdiction. Effective July 1, 2004, the books,
records, accounts, papers and documents pertaining to probate matters shall be filed with the
Clerk and Master who shall have and perform the statutory functions with respect to probate
jurisdiction from that date forward.
The General Sessions Court shall retain probate jurisdiction over all probate matters
pending in that court on June 30, 2004, until their conclusion.
SECTION 2. All laws and parts of laws in conflict herewith are hereby deleted in their
entirety.
of the legislative body of Giles County. Its approval or nonapproval shall be proclaimed by the
presiding officer of the county legislative body and certified to the secretary of state.
become effective on July 1, 2004, provided that it is approved as required by Section 3.
80
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.
Giles County, by general law found in § 16-2-506 of Tennessee Code Annotated, is part
of the 22nd 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 Giles County but now
have no effect, having been repealed, superseded, or having failed to win local approval. Also
1. Private Acts of 1809, Chapter 49, Page 65, divides Tennessee into five judicial circuits.
Giles, Davidson, Wilson, Rutherford, Williamson, Maury, Lincoln and Bedford counties
compose the Fourth Judicial Circuit. This act also sets up some procedural rules for
conducting the courts and to perfect appeals therefrom. Court terms for Giles would
begin on the second Monday of June and December.
2. Private Acts of 1812, Chapter 71, Page 93, Section 2, changed the starting dates for the
terms of the circuit court in Giles County to the second Monday in April and October.
3. Private Acts of 1812 (Ex. Sess.), Chapter 58, Page 65, changed circuit court terms in
several counties but left Giles County's terms starting on the second Monday in April and
October.
4. Private Acts of 1817, Chapter 65, Page 73, created a new 6th Judicial Circuit composed
of Lincoln, Giles, Maury, Bedford and Lawrence counties. The 9th Solicitorial District
had Maury, Lawrence, Hickman and Giles in it. Chapter 138, Page 145, same year,
changed court times in the 6th Judicial Circuit with Giles County being held on the first
Monday in March and September.
5. Private Acts of 1829 (Ex. Sess.), Chapter 89, Page 85, provided that Circuit Court would
be held at Pulaski for Giles County on the First Monday in February and August.
6. Public Acts of 1835, Chapter 5, Page 38, created new judicial circuits for the state. The
8th was composed of Lincoln, Giles, Maury and Lawrence counties. Court terms would
start on the third Monday in February and the fourth Mondays of June, and October,
Circuit Court being held three times annually by virtue of this Act.
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7. Private Acts of 1837-38, Chapter 116, Page 182, Section 4, placed Giles County in the
8th Judicial Circuit and set court terms to begin on the third Monday in February, June
and October. Chapter 296, Page 433, Section 1, same year is identically the same
legislation.
8. Private Acts of 1840-41, Chapter 119, Page 130, Section 2, changed the times for holding
the circuit court to the first Monday in April, August and December.
9. Private Acts of 1845-46, Chapter 21, Page 59, Section 7, altered some of the court terms
in the 8th Judicial Circuit but did not change Giles County. Chapter 39, Page 93, same
year, is identical legislation enacted and passed also for some unclear reason.
10. Private Acts of 1853-54, Chapter 55, Page 129, Section 7, set the dates for circuit court
terms in Giles County on the fourth Monday of February, June and October.
11. Private Acts of 1855-56, Chapter 150, Page 232, Section 7, set the circuit court terms on
the first Mondays in April, August and December.
12. Private Acts of 1857-58, Chapter 98, Page 110, reorganized the judicial structure of the
state into 16 judicial circuits. Maury, Marshall, Lewis and Giles constituted the Eleventh
Circuit with no change in Giles' court terms.
13. Private Acts of 1859-60, Chapter 125, Page 406, provided that there would only be two
terms of the Circuit Court per year in Giles County and these would commence on the
first Monday in May and November. All process issued 20 days before the term is
returnable to that term.
14. Public Acts of 1861, Chapter 49, Page 46, reduced all circuit court terms to twice a year
when reorganizing the state judicial structure. Maury, Marshall, Lewis, and Giles
counties were still in the Eleventh Circuit. Court terms began on the fourth Monday of
March and September in Giles County.
15. Private Acts of 1865, Chapter 37, Page 62, added Lawrence County to the Eleventh
Judicial Circuit plus those four counties mentioned above.
16. Private Acts of 1870, Chapter 46, Page 75, set the times for circuit court terms to begin in
Giles on the fourth Monday in March, July and November, bringing the court sessions
back to three annually.
17. Private Acts of 1879, Chapter 147, Page 187, recited that John V. Wright, of Maury
County, had acted as Judge of the 9th Judicial Circuit in place of Judge W. P. Martin who
was ill, that Wright had not been paid for his services and ordered that the state pay him
$1,400 as compensation for his labors in that respect.
18. Private Acts of 1885 (Ex. Sess.), Chapter 20, Page 96, divided the state into 14 judicial
circuits. Maury, Giles, Lawrence, Wayne, Hardin, Lewis and Hickman composed the 9th
circuit. Court days in Giles were the fourth Mondays in March, July and November.
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19. Private Acts of 1887, Chapter 54, Page 123, changed court times for the circuit courts in
the 9th Judicial Circuit. Giles County's fell on the first Monday in April, August and
December in Pulaski.
20. Private Acts of 1893, Chapter 10, Page 14, changed circuit court times in Giles County to
the second Mondays in April, August and December.
21. Private Acts of 1897, Chapter 322, Page 680, changed court times in the 9th Judicial
Circuit thus moving Giles terms to the second Monday in January and October, and the
third Monday in April each year.
22. Private Acts of 1899, Chapter 409, Page 969, Section 12, reorganized the 9th Judicial
Circuit by placing Maury, Lawrence, Wayne, Hardin, Lewis, Williamson and Giles
counties into it and setting Giles court terms to start on the fourth Monday in March, July
and November.
23. Public Acts of 1899, Chapter 427, Page 991, also changed the judicial structure into 14
circuits. Maury, Giles, Lawrence, Wayne, Lewis, Perry and Hickman counties were
assigned to the 11th Judicial Circuit. Giles court days were the second Monday in April,
August and December.
24. Private Acts of 1901, Chapter 382, Page 863, placed Lawrence, Giles, Lewis, Maury,
Hardin and Wayne counties back into the 9th Judicial Circuit. Giles terms of circuit court
started on the third Monday in January, the fourth Monday in April, and the second
Monday in October.
25. Private Acts of 1903, Chapter 18, Page 45, again assigned Lawrence, Lewis, Maury,
Hickman, Wayne and Giles counties to the 11th Judicial Circuit. Court terms stayed as
set in Item 24.
26. Public Acts of 1931, (2nd Ex. Sess.) Chapter 38, Page 267, rezone the whole judicial
structure again dividing the state into 20 circuits. Giles, Wayne, Lawrence and Maury
composed the 11th Circuit. Only two terms of court for Giles on the third Monday in
April and the second Monday in October. The circuit judge of the 11th Circuit was not
required to hold any additional terms of the chancery court in Giles or Lawrence
counties.
27. Public Acts of 1939, Chapter 119, Page 449, appears in the Code as T.C.A. 16-223, the
11th Judicial Circuit, comprised of Giles, Lawrence, Maury and Wayne counties. Court
terms in Giles are the fourth Monday in January, the first Monday in May, and the third
Monday in October.
28. Public Acts of 1968, Chapter 467, Page 158, amends T.C.A. 16-223, by stating that in
addition to the regular terms of court, the first Monday of each month shall be a Rule Day
of the court and the defendant shall plead or answer then as required by T.C.A. 20-902.
29. Public Acts of 1969, Chapter 265, Page 736, amended T.C.A. 16-223 by defining who
will be the Senior Judge of the 11th Judicial Circuit and further prescribes some of the
duties of that Judge.
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30. Public Acts of 1970, Chapter 513, Page 473, amends T.C.A. 16-223 by giving the Senior
Judge of the 11th Judicial Circuit sole power and authority to appoint court officers for
all the courts in that circuit. The court officers shall serve at the Judge's pleasure and be
paid according to the court officer's pay scale in other counties.
31. Public Acts of 1974, Chapter 711, Page 888, Section One, rearranged the Circuit Court
term schedules for the counties of Lawrence, Maury, Wayne and Giles whose Court
would begin its regular terms on the fourth Monday in January, the first Monday in May,
and the third Monday in October. This act also applied to the Eleventh Judicial Circuit of
which Giles was a part, but as of 1984 Judicial Circuits and Chancery Circuits are now
referred to as Judicial Districts. Thus, this act has been superseded and repealed by state
law.
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COURT SYSTEM
CIRCUIT COURT
CLERK
The office of circuit court clerk is governed by the general statutes found in Tennessee
Code Annotated, title 18, chapter 4. The salary of this office is set by T.C.A. § 8-24-102.
The following acts have no current effect, but once applied to the Giles County Circuit
Court Clerk. They were repealed, superseded, or never received local approval.
1. Private Acts of 1903, Chapter 255, Page 596, was a salary statute which concerned
circuit court clerks only but divided them according to the population of the county.
According to our 1900 census figures for Giles County, the clerk would have been paid
$1,000 annually for his services.
2. Private Acts of 1921, Chapter 657, Page 2063, fixed the salary of the circuit court clerk
in Giles County at $1,500 annually but he shall file on January 1, of each year, with the
County Judge, or chairman, a sworn statement of the amount of fees he has collected of
the immediately preceding year. If the fees are less than this amount, the county makes
up the difference, but, if the fees are more than that amount, the clerk may keep them for
his salary.
by revising the salary of the Circuit Court Clerk upwards from $1,500 to $2,000 under
the same conditions expressed in that Act.
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COURT SYSTEM
CRIMINAL COURT
In some counties of Tennessee, a separate criminal court has been established which has
the criminal law jurisdiction of the circuit courts. The criminal court has appellate jurisdiction
over criminal law matters decided in the general sessions courts.
The criminal court of Giles County, by general law found in § 16-2-506 of Tennessee
Code Annotated, is part of the 22nd judicial district.
For the general law pertaining to criminal courts, see title 16, chapter 10 of Tennessee
Code Annotated. For the general law pertaining to criminal court clerks, see title 18, chapter 4
of Tennessee Code Annotated.
The following acts once pertained to the Giles County Criminal Court, but are no longer
current law. Also referenced below is an act which repealed prior law without providing new
substantive provisions.
1. Private Acts of 1871, Chapter 73, Page 63, established a Criminal Court in Williamson,
Maury, Giles and Marshall counties whose jurisdiction would be co-extensive with the
boundaries of the respective county. The Circuit Court Clerk would be the Clerk of the
court, the Sheriff would wait upon it in the same way as other courts of equal rank, the
county court would furnish a venire, and the Attorney General of the circuit would
prosecute as normally he did in other counties and jurisdictions. The Giles County
Criminal Court would meet in Pulaski on the first Monday in January, May and
September.
2. Private Acts of 1877, Chapter 143, Page 169, repealed the 1871 Act, above, which
created the Criminal Courts for these four counties and restored the criminal jurisdiction
back to their respective Circuit Courts. The second Monday of each term of the Circuit
Court would be the day for taking up the criminal docket in Williamson, Maury and Giles
Counties.
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COURT SYSTEM
DISTRICT ATTORNEY GENERAL
ASSISTANTS AND CRIMINAL INVESTIGATORS
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, Giles County is in the 22nd judicial district. Secretarial assistance to district
attorneys is authorized, but subject to the approval of the executive director of the district
attorneys general conference, the comptroller of the treasury, and the commissioner of finance
and administration. T.C.A. § 8-26-101(2)(G) - (1)(K).
The following act once affected Giles County but is no longer in effect.
1. Public Acts of 1935, Chapter 151, Page 285, created the office of Assistant
Attorney-General for the 11th Judicial Circuit consisting of Giles, Lawrence, Wayne and
Maury counties. He would serve at the pleasure and direction of the Attorney-General of
the circuit and be paid at the rate of $175 per month.
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COURT SYSTEM
GENERAL SESSIONS COURT
CHAPTER 186
SECTION 1. That there is hereby created and established a Court in and for Giles
County, Tennessee, which shall be designated "Court of General Sessions of Giles County,
Tennessee." Court rooms and adequate facilities for said Court shall be provided in the Court
House at Pulaski, and it shall be the duty of the County Judge of Giles 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 Giles 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 Giles County, Tennessee; provided, however, nothing in this
Act shall be construed to divert the Justices of the Peace of their jurisdiction until the
qualification of a Judge for said Court of General Sessions as hereinafter provided. The
authority of said Justices of the Peace in their capacity as members of the Quarterly Court or in
the performance of the rites of matrimony is in nowise affected by this Act.
That the Court of General Sessions of Giles County, Tennessee, in addition to the
jurisdiction and authority conferred by Chapter 186 of the Private Acts of 1943, the caption of
which is set out in the preamble of this Act, is hereby vested with all jurisdiction and shall
exercise the authority conferred by the Legislature upon the Judge of the County Court in
Juvenile cases, suits and actions and in all matters or cases which the law requires be heard by
the Judge of the Juvenile Court, which said jurisdiction shall be co-extensive with Giles County,
Tennessee, provided, however, nothing in this Act shall be construed to divest the said County
Judge of his jurisdiction and authority in any matter not expressly enumerated above or included
therein by necessary implication, it being the Legislative intent to confer upon said General
Sessions Court and the Judge thereof the power and authority to hear and determine the above
enumerated matters as fully and amply as the County Judge, under the present law, and to divest
from the County Judge jurisdiction in only those cases enumerated above.
That there is conferred upon the Judge of the Court of General Sessions the same power
and authority to grant fiats for the issuance of injunctions, attachments, and other extraordinary
process, as that conferred upon Judges and Chancellors of this State.
Provided that the Justices of the Peace of Giles County, Tennessee, shall have the right
and power, and it is declared their duty, to issue criminal and civil warrants, search warrants,
attachments, writs of replevin and all other processes over which they have jurisdiction under the
general laws of the State of Tennessee, but return of all writs and processes shall be made by the
Sheriff or Constable serving the same to the General Sessions Judge, who shall have exclusive
jurisdiction to try the issues raised in all such cases. Said Justices of the Peace shall have the
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power and authority, and it is declared their duty, to issue mittimus to the county jail and to
approve appearance bonds in any proper case wherein he issued the criminal warrant. The
compensation for services of the Justices of the Peace shall inure to them and shall be the same
as provided by the general law pertaining to fees for Justices of the Peace. The compensation of
the Judge exercising jurisdiction in juvenile cases, is hereby fixed at Two Hundred ($200.00)
Dollars per month.
As amended by: Private Acts of 1949, Chapter 76, Sections 1 and 2

Private Acts of 1951, Chapter 164, Section 1
Private Acts of 1967, Chapter 276, Section 1.
SECTION 3. That before the commencement of any civil action, the plaintiff shall pay
into the hands of the Clerk an amount sufficient to cover the fees for the issuance of the warrant
or writ, rendition of the judgment, docketing, and the fees of the officers for serving the process.
Before the issuance of an execution, or other process, or the performance of any additional
service in the case, the plaintiff, or the party seeking the same, shall pay to the Clerk the fees for
the issuance and service thereof. Such payment made for Court costs shall be credited at once to
the party paying the same; and such costs paid as compensation for the services of the officers
shall become payable to them only after the return of the process has been made. When and in
the event such costs are collected from the defendant, the plaintiff or the party to whom entitled,
shall thereupon be refunded the same; provided, however, that any resident of the State may
commence and prosecute an action, who shall take and subscribe to the oath provided for poor
persons, under Section 9080 of the Code of Tennessee. Provided that before the commencement
of any civil action, the plaintiffs shall pay into the hands of the Justices of the Peace an amount
sufficient to cover the fees for the issuance of the warrants, writs or search warrants and the fees
of the officers for serving the process.
As amended by: Private Acts of 1951, Chapter 164, Section 2.
SECTION 4. That said Court shall be in session daily, except legal holidays, and each
Saturday from and after 8 o'clock P.M. until 12 o'clock midnight for the examination and hearing
of persons charged with any criminal offense, the taking and fixing of bail for the appearance of
the accused, or ordering their discharge or commitment to jail, as required by law.
SECTION 5. That the laws now regulating pleading and practice, stay of judgments,
writs and processes in civil cases in the Courts of Justice of the Peace, shall apply to and govern
said Court; and all of statutes regulating the conduct of Justices of the Peace in civil and criminal
cases shall apply to the Judges of said Court.
Any party may appeal from an adverse decision to the Circuit Court of Giles County,
within a period of ten (10) days upon complying with the law as now provided for appeals from
Justices of the Peace Courts, provided, that within such time a motion for re-hearing may be filed
which shall be heard by the Court as soon as practicable, and the judgment rendered thereon
shall be considered the final judgment from which an appeal may be taken within a ten-day
period. No execution shall issue until the expiration of ten days from the date of final judgment,
except in cases provided for in Sec. 8871, Code of Tennessee.
SECTION 6. That the Judge of said Court shall adopt such rules as may be necessary to
expedite the trial and disposal of cases. All process shall be returnable to the First Monday
following the fifth day after service of process thereof, except on special order of the Court.
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SECTION 7. That the Court of General Sessions for Giles County, Tennessee, is hereby
vested with jurisdiction to try and determine and render final judgment in all misdemeanor cases
brought before said Court by warrant 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 Giles County, where such appeal shall be tried by a
Judge of such Court without a jury, and without indictment or presentment.
SECTION 8. That it shall be the mandatory duty of the Judge of the Court of General
Sessions when a defendant is brought before such Court upon arraignment or trial, to advise such
defendant of his constitutional right to the aid of counsel, the right to be tried only upon
presentment or indictment of a Grand Jury, the right to make a statement in reference to the
accusation of the right to waive such statement, and the right to a trial by jury. Upon the
defendant agreeing in writing to waive the right to be put to trial only by presentment or
indictment by a Grand Jury and the right to be tried by a jury of his peers, such Court may
proceed to hear and determine said case as is provided in Section 7 hereof. Said waiver shall be
written or attached to the warrant substantially in words and figures as follows:
The defendant pleads guilty to the offense of and

waives his right to be tried only by indictment or presentment preferred by a Grand Jury and
likewise waives trial by a jury of his peers.
SECTION 9. That no warrant or information charging a person with an offense against

the laws of the State shall be delivered to any peace officer for the arrest of such person until
after an entry in the Criminal Docket has been made by the Clerk, or the Judge, showing the
names of the person or persons accused, the prosecutor, the officer to whom delivered, and his
signature upon said docket showing receipt of such process. All of such warrant, information,
dockets, and other records of said Court of General Sessions shall be available to the District
Attorney General for any legal purpose.
Provided that any process, whether civil or criminal, issued by said Justice of the Peace
shall be delivered to the peace officer for service immediately and before any entry or docketing
of said case, either on the civil or criminal docket of said Court, but said peace officer upon
service of said process, whether the same be warrants, information, search warrants or criminal
warrants, is hereby required to return the same to the Court of General Sessions of Giles County,
Tennessee, and thereupon said Judge or Clerk of said Court is required to make an entry or
docket the same upon the proper docket of said Court showing the receipt of such process.
SECTION 10. That all appeal bonds in civil cases, all bail bonds, recognizance bonds
and appearance bonds of persons charged with criminal offenses for their appearance for
arraignment or trial in said Court of General Sessions shall be taken by the Clerk or the Judge of
the said Court. This provision shall in no wise abridge the authority of the Sheriff to take bonds
as now provided by law.
SECTION 11. That in all matters the cost and fees of said Court of General Sessions
shall be the same as those provided by law for Justices of the Peace. The fees and other
compensation of the Sheriff, his deputies, constables, Game Wardens and State Highway
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Patrolmen for the execution of writs and process of said Court, and for attendance and mileage of
witnesses shall be the same in said Court as those provided by law of the Courts of Justice of the
Peace. All costs, fees and mileage of witnesses, the fees, commissions and emoluments of the
Sheriff, his deputies, State Highway Patrolmen, Game Wardens and other officers, for services to
said Court, and the fines and forfeitures adjudged by it shall be handled, accounted for and
disbursed as required by law.
SECTION 12. That separate dockets shall be kept by the Clerk, under the direction of
the Court, for civil and criminal cases.
Upon the Civil Docket shall be entered the style of each case, the date of issuance of the
warrant or process, and the return of the process, in brief form, action of the Court on the case,
both interlocutory and final orders, judgments, executions, garnishments, lists of the fees of the
Court the Sheriff, his deputies, constables, Game Warden, and State Highway Patrolmen for their
services, fees of witnesses for attendance, et cetera, and credits for payments upon the judgment
and upon the costs. All cases shall be indexed and the dockets shall be substantially in the form
of those of Justices of the Peace. The criminal docket shall be kept in like manner, and shall also
contain the information provided for in Section 9 of this Act.
SECTION 13. That there shall be a Judge for said Court, who shall be a person licensed
to practice law in Tennessee, and actively engaged in the practice of law, and with all other
qualifications and the same term of office as provided by the Constitution of the State of
Tennessee for interior Courts; and the oath shall be the same as that prescribed for Circuit Judges
and Chancellors.
SECTION 14. That the compensation of said Judge shall be ($5,000.00) Five Thousand
Dollars per annum, payable in equal monthly installments. It shall be paid out of the general
fund of the County, and shall not be increased or diminished during the time for which said
Judge is elected. Said Judge shall devote all his working time to the duties of his office, and
shall not engage in the practice of law during his tenure of office; provided he may complete or
finish any legal business undertaken before assuming the office.
As amended by: Private Acts of 1949, Chapter 76, Section 3

Private Acts of 1953, Chapter 369, Section 1.
SECTION 15. That the Governor shall appoint the first Judge of said Court, who shall
serve until the first day of September, 1944, and until his successor has been elected and
qualified. His successor shall be elected by the qualified voters of the County at the election for
other County officers on the first Thursday of August, 1944, and shall hold said office from the
1st day of September, 1944, until the first day of September, 1952, or until his successor is
qualified.
His successor shall be elected every eight years thereafter.
SECTION 16. That if the Judge of said Court fails to attend or cannot preside in a
pending cause or fails, for any reason, to hold Court, a majority of the attorneys present in such
Court may elect one of their number, who has the qualifications of such a Judge, and when
elected shall have the same authority as the regular Judge of said Court to hold the same for the
occasion. Said Judge of the General Sessions Court is given the authority to interchange with
the Circuit Judge and Chancellor, and they with him.
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SECTION 17. That the Clerk of the Circuit Court of Giles County, Tennessee, shall act
as Clerk of said Court of General Sessions, and when acting as clerk of said Court shall be
designated "Clerk of Court of General Sessions of Giles County, Tennessee." Said Clerk is
hereby authorized and directed to perform the duties of said Court, and shall receive as
compensation therefor the sum of ($1,200.00) Twelve Hundred Dollars per annum, payable in
equal monthly installments, the same to be paid out of the general fund of the County. Said
salary of $1,200.00 to be in addition to the salary already paid him as Circuit Court Clerk for
said County. The Judge of the County Court shall issue warrants drawn upon the Trustee for the
payment of said salary as provided herein. All fees, commissions and emoluments accruing
under the provisions of this Act to the Judge and Clerk respectively of aid Court of General
Sessions, in the nature of Court costs shall be paid monthly to the County Trustee of Giles
County, Tennessee, and shall be deposited by said Trustee in the general fund of said County.
The Clerk of said Court and his deputies assigned thereto shall have concurrent authority with
the Judge to issue warrants and other processes and writs, other than those which the law
required shall be issued only by a Judicial officer.
COMPILER'S NOTE: In the case of Marsh v. State, 185 Tenn. 103, 203 S.W.2d 372 (1947),
the Supreme Court held that the powers conferred upon the Clerk in this Section did not include
that of issuing a search warrant, that being a judicial function.
SECTION 18. 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 heretofore provided by law.
SECTION 19. That this Act shall in nowise impair the right, title or interest of any
Justices of the Peace in Giles County to any unpaid fees, or funds 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.
SECTION 20. That all the official dockets, records and papers in cases that are
undisposed of or pending in the office of Justices of the Peace of said County at the time of the
qualification and induction into office of the first Judge of the Court of General Sessions shall be
delivered to the Court of General Sessions. The official dockets, records and papers in
possession of Justices of the Peace of said County in cases which have been completed shall be
turned over to Giles County, as provided by law.
SECTION 21. That said Court shall have authority to hear and determine all undisposed
of cases arising in the Courts of Justices of the Peace of Giles County as if such cases had
originated in said Court of General Sessions.
SECTION 22. 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 affect 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.
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SECTION 23. That all laws and parts of laws in conflict with this Act which apply to
Giles County, Tennessee, be and the same are hereby repealed.
SECTION 24. That this Act shall take effect from and after its passage, the public
welfare requiring it.
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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 salary of
the general sessions judge is governed 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 Giles County, but are no
longer in effect and are included herein for reference purposes.
1. Private Acts of 1967-68, Chapter 275, Page 1094, would have amended Private Acts of
1943, Chapter 186, in the caption by adding a provision for an expense allowance for the
Judge and in Section 14 by setting the amount of the expense allowance at $2,000 per
month but this act was not approved by the Quarterly County Court and therefore did not
become a law.
2. Private Acts of 1967, Chapter 276, Page 1096, also amended the caption of Private Acts
of 1949, Chapter 76, an amendment to the base act, by correcting the language to include
provisions for the compensation of the Judge acting as Juvenile Judge. Since the caption
of the Act was not included in the typing of it, mention is made here of the said
amendment to the caption.
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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.
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COURT SYSTEM
SECRETARIAL ASSISTANCE
Secretarial assistance to judges and chancellors is now provided on the basis of need by
the administrative director of the courts, under the provisions of Tennessee Code Annotated
§ 17-1-401. Their salaries are set by the administrative director of the courts and the
commissioner of finance and administration with the approval of the chief justice of the supreme
court, under T.C.A. § 17-1-402. The general law provisions are now the sole authority for
providing secretarial assistance to trial judges and chancellors.
The following acts are no longer in effect but are listed here for historical purposes. Also
referenced below is an act which repealed prior law without providing new substantive
provisions.
1. Private Acts of 1917, Chapter 56, Page 163, made women, over the age of 21, in Giles
County, eligible for the post of Deputy Clerk and Master, and as deputy in several other
county offices, with all the rights, duties, privileges, and obligations generally constituted
with the same. Acceptance of employment constituted a waiver of all defenses of
coverture, and also estoppel to deny liability for actions taken under this Act in those
positions.
2. Private Acts of 1967, Chapter 57, Page 237, provided that the salaries of the Deputy Tax
Assessor, the bookkeeper for the County Highway Department, and the secretary to the
County Judge would be fixed by the Quarterly County Court on an annual basis
commencing at the April term, 1967, all to be paid out of the general funds of the county.
3. Private Acts of 1967, Chapter 490, Page 1867, repealed specifically Chapter 57, Private
Acts of 1967, which is contained in Item Two, above.
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CHAPTER VI - EDUCATION/SCHOOLS
97
EDUCATION - SCHOOLS
BOARD OF EDUCATION
CHAPTER 217
SECTION 1. There is hereby created a seven member Board of Education for Giles
County to be selected in the manner set forth in Section 3 from the districts as defined in Section
2.
SECTION 2. For purposes of electing the school board the county shall be divided into
seven school districts as follows:
School District 1 Magisterial District 1 and 2

It is the intent of the Act that changes in the boundary line of any magisterial district for
purposes of reapportionment shall automatically redefine the school district boundary lines so
that further action on the part of the General Assembly for this purpose is not required. In the
event such reapportionment results in school board member no longer residing in the district he
represents, he shall continue to hold his office until the expiration of his term but shall not be
eligible for reelection.
SECTION 3. One member of the school board shall be elected from each school district
as defined in Section 2 and he must be a resident of the district from which he seeks election.
Each member of the board shall be elected by the voters of the school district in which he
resides. Any member moving from the school district for which he was elected shall
automatically vacate his office.
SECTION 4. The present board shall continue to serve until the expiration of their
respective terms or until their successors are duly elected and qualified. Should there be two
board members residing in a single school district the member with the longer remaining term in
office shall be designated as the representative of the district without representation until the
expiration of his term when that district shall then elect a resident to the board.
SECTION 5. The term of office shall be for six years beginning on September 1 of the
year in which said members are elected and they shall serve until their successors shall be
elected and qualified. In the event of any vacancy of any school board member, the Quarterly
Court shall appoint a person from the district having the vacancy and such person shall serve
until the first day of September following the next regular election held more than 30 days after
the vacancy shall occur, at which election, there shall be elected a member to serve the unexpired
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term and the person elected shall hold office until the expiration of the term or until his successor
is elected and qualified.
SECTION 6. The Board of Education established by this Act shall have the same
powers, duties, privileges and qualifications as the Board of Education established pursuant to
Title 49 Tennessee Code Annotated, except as otherwise provided herein.
SECTION 7. Candidates for office as members of the Board of Education shall qualify at
the same time and in the same manner that other officers of the county qualify and that election
shall be at the same time and subject to the same laws which govern the election of other county
officials.
SECTION 8. Board members shall be paid per diem for attendance at each quarterly
meeting of the board at the rate of thirty dollars ($30.00) per diem and for each additional
meeting during said quarter shall be paid at the rate of ten dollars ($10.00) per diem.
SECTION 9. If any section, paragraph, sentence or any part thereof shall be held to be
invalid or unconstitutional such invalidity or unconstitutionality shall not impair or affect other
parts of this Act unless it clearly appears that such other parts are necessarily dependent on the
effective portion. It is the intent of the General Assembly that each section, paragraph, sentence
or part thereof of this Act be separately enacted and independent of each other and declared to be
severable from all other portions of this Act.
SECTION 10. Chapter 222 of the Private Acts of 1967, Chapter 156 of the Private Acts
of 1945, Chapter 85 of the Private Acts of 1943, Chapter 387 of the Private Acts of 1943 and all
other Private Acts or portions thereof affecting Giles County and in conflict with the provisions
of this Act are hereby repealed.
SECTION 11. This Act shall have no effect unless it is approved by a two-thirds (2/3)
vote of the Quarterly County Court of Giles County within 120 days of its passage and approval
by the Governor. Its approval or nonapproval shall be proclaimed by the presiding officer of the
Quarterly County Court and certified by him to the Secretary of State.
SECTION 12. 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 11.
Passed: February 27, 1974.
COMPILER'S NOTE: According to the official records in the office of the Secretary of State,
Private Acts of 1974, Chapter 217, was properly ratified by the local governing body of Giles
County on April 22, 1974.
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EDUCATION - SCHOOLS
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.
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EDUCATION - SCHOOLS
PROSPECT HIGH SCHOOL DISTRICT
PRIVATE ACTS OF 1929 (EX. SESS.)
CHAPTER 17
SECTION 1. That a special School Taxing District be, and the same is hereby created
and established, embracing the Second Civil District of Giles County, Tennessee, to be known
and designated as the Prospect High School Taxing district.
SECTION 2. That for the purpose of supporting and maintaining the Prospect High
School which is located in said boundaries, as a four-year high school, by supplementing the
available funds sufficiently, so that the annual term of said school may be extended, and
continued for nine months, there is hereby assessed and levied for the year 1929, and for each
subsequent year thereafter, a tax of five cents on every One Hundred Dollars ($100.00) worth of
taxable property, both real and personal, situated within said Prospect High School Taxing
District; and there is also assessed for said purpose a One Dollar ($1.00) poll tax on each white
person residing within said district, between the ages of twenty-one (21) and fifty (50) years of
age. The basis for the assessment of said tax upon said property shall be the assessed value as
shown by the books of the County Trustee, and all taxes so assessed upon real estate are a lien
upon such real estate. The taxes herein assessed and levied shall become due and be collected at
the same time and in the same manner as taxes under the general laws of the State, by the County
Trustee. The said taxes herein provided, when collected, shall be held by said County Trustee
and constitute a special fund which shall be under the control of the County High School Board
and the County Board of Education, to be paid out by warrants in the same manner as other
Public High School funds and Elementary School funds are paid out, but for the sole purpose of
extending and continuing the term of said Prospect High School for nine months each year,
including both the High School and Elementary departments thereof, provided, any surplus
remaining thereafter, at the end of each term may be expended for repairs or equipment for said
schools.
SECTION 3. That all laws and parts of laws in conflict with this Act be hereby repealed,
and that this Act take effect from and after its passage, the public welfare requiring it.
Adopted: December 10, 1929.
COMPILER'S NOTE: The Tennessee Department of Education has no record of this special
school district. It is included in this compilation, however, because it has not been specifically
repealed or superseded by law.
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EDUCATION - SCHOOLS
SCHOOL DISTRICTS
The following acts once affected the school districts in Giles County but no longer exist.
1. Private Acts of 1905, Chapter 386, Page 802, created a new school district out of parts of
the 13th, 14th and 19th School Districts, these being co-extensive with the civil districts
of the same number, which would be called the 24th School District of Giles County, as
its boundaries were described in the Act.
2. Private Acts of 1907, Chapter 76, Page 219, created a new School District, to be called
the 25th School District of Giles County, out of portions of the 10th and 17th School
Districts, which were co-extensive with the civil districts of the same number. The new
districts boundaries are delineated in the act and the general state law regarding school
districts is invoked for it.
3. Private Acts of 1923, Chapter 491, Page 1920, created a Special School Taxing District,
corresponding to the Fourth Civil District, embracing all farms therein for taxation to
support the Minor Hill High School for a nine month term. The tax rate was ten cents per
$100.00 valuation, both real and personal, levied that year, and each year thereafter to be
placed in a special fund for the sole purpose of supporting the Minor Hill High School.
This Act was amended by Private Acts of 1937, Chapter 851, and repealed specifically
by Private Acts of 1947, Chapter 693.
4. Private Acts of 1935, Chapter 545, Page 1387, provided for a Board of Education of
seven members composed of one member from each of seven school districts of three or
hour civil districts together to be elected by the qualified voters of each district so
described. Staggered terms of four years were provided for each district's member. This
Act was specifically repealed by Private Acts of 1943, Chapter 86, Page 449.
5. Private Acts of 1935, Chapter 355, Page 801, created a special school taxing district
which embraced the 5th and 18th Civil Districts of Giles County to be called the
Bodenham High School Taxing District. This Act also levied a ten cent tax per $100.00
property valuation, for the support and maintenance of elementary and high school in the
district for a nine month term. Money collected would be placed in a special fund for the
sole purpose stated above and no other. This Act was specifically repealed by Private
Acts of 1937, Chapter 834, Page 2479.
6. Private Acts of 1937, Chapter 94, Page 249, amended Acts of 1935, Chapter 545, above,
Item 4, by providing that the expenditures authorized under the act will be paid one-half
to the elementary school fund and one-half to the high school funds, and all expenditures
for each would be bonded in that manner.
7. Private Acts of 1937, Chapter 834, Page 2479, specifically repealed Private Acts of 1935,
Chapter 355, which created a special taxing district for schools called the Bodenham
School District, Item 5, herein.
8. Private Acts of 1937, Chapter 851, Page 2515, amended Private Acts of 1923, Chapter
491, which created the Minor Hill High School District, Item 3 herein, by permitting the
102
balance of the funds collected under that Act to be expended for any general high school
purpose related to the Minor Hill District.
9. Private Acts of 1943, Chapter 86, Page 449, repealed Private Acts of 1935, Chapter 545,
Item 4 herein, specifically and entirely.
10. Private Acts of 1943, Chapter 85, Page 445, created a Board of Education for Giles
County of seven members, one from each of seven school districts, who would be
selected by the county court, and for that purpose, the act divided the county into seven
school districts made up of certain civil districts. The remainder of the act is virtually
identical with prior acts of this nature, having staggered terms for the members and
setting up other administrative and salary guidelines, and it also repeals Private Acts of
1935, Chapter 545.
85, above, by transferring civil district #14 from School District 4 to School District 5.
12. Private Acts of 1945, Chapter 156, Page 477, amended Private Acts of 1943, Chapter 85,
by adding another school district, number eight, and rearranging the civil districts in each
school district accordingly but being careful not to abridge the terms of the members
already in office.
13. Private Acts of 1947, Chapter 693, Page 2868, repealed Private Acts of 1923, Chapter
491, wholly and specifically.
14. Private Acts of 1967, Chapter 222, Page 835, established a School Board which would be
elected by the voters in Giles County, set their term of office, and prescribed their duties,
powers and privileges as such. This act was specifically repealed by Private Acts of
1974, Chapter 217, published herein.
PROSPECT HIGH AND ELEMENTARY DISTRICT.

1. Private Acts of 1921, Chapter 413, Page 1242, created a special school district out of a
portion of the Second Civil District with the boundaries described in the act to be called
the Prospect High School Taxing District. The tax rate on all taxable real and personal
property was ten cents per $100 valuation, plus a $1.00 Poll Tax on all males over 21
years of age, said money to be used exclusively for these school purposes.
2. Private Acts of 1929, Chapter 514, Page 1442, repealed entirely Private Acts of 1921,
Chapter 413, above, which created the Prospect High School District. Private Acts of
1974, Chapter 679, also repealed entirely Private Acts of 1921, Chapter 413.
3. Private Acts of 1929 (Ex. Sess.), Chapter 17, Page 49, recreated the Prospect High
School District embracing all the Second Civil District. The tax rate levied was changed
to five cents per $100 valuation and the $1.00 Poll Tax limited to males between the ages
of 21 and 50, otherwise the act was the same as before.
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EDUCATION - SCHOOLS
SUPERINTENDENT OR DIRECTOR OF SCHOOLS
CHAPTER 393
SECTION 1. That hereafter the County Superintendent of Schools in all Counties having
a population of more than 28,000 and less than 28,050, according to the Federal Census of 1930,
or any subsequent Federal Census, shall be elected by the qualified voters of such Counties at the
regular election to be held on the first Thursday in August, 1936, and every four years thereafter.
The terms of office of the Superintendent elected in August 1936, shall begin on January 1
following his election and shall continue until September 1, 1940, it being the intent and purpose
of this Act not to curtail the term of office of the present County Superintendent. At all future
elections the term of office of the Superintendent shall begin on September 1 following his
election and shall continue for four years and until his successor shall be elected and qualified.
SECTION 2. That the qualification of any person aspiring to said office shall be the
same as provided under present or future laws governing the qualifications of County
Superintendents generally, and the certificate of evidence of such qualifications of County
Superintendents generally, and the certificate of evidence of such qualifications shall be filed
with the Judge or Chairman of the County Court of such Counties at least sixty days before any
such general election.
COMPILER'S NOTE: Section 3 was repealed in its entirety by the Private Acts of 1947,
Chapter 876.
requiring it.
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EDUCATION - SCHOOLS
CHAPTER 196
SECTION 1. That the duties and compensation of the County Superintendent of Schools
in Counties of Tennessee having a population of not less than 29,230 nor more than 29,250
according to the Federal Census of 1940, or any subsequent Federal Census, shall be those duties
and that compensation as fixed under Chapter No. 8, Senate Bill No. 268 of the Public Acts of
the State of Tennessee for the year of 1947.
SECTION 2. That said County Superintendent, be, and he is hereby required to keep a
record of all funds, moneys, county and public funds received or collected by said County
Superintendent from any source, or which ought to be collected by him during his term of office,
and also to take the oath to support the Constitution of the State of Tennessee and the United
States and an oath for the faithful performance of the duties of said office.
SECTION 3. That said County Superintendent of said County or Counties, be, and he is
hereby required to make a report and settlement quarterly with the County Judge of said County
or Counties and that the County Auditor is hereby directed and authorized to audit the books and
records of the office of the County Superintendent, and shall report his findings to the County
Judge or the County Clerk at each regular Quarterly Session of said Court.
SECTION 4. That the provisions of this Act are hereby declared to be severable. If any
of its sections, provisions, exceptions, sentences, clauses, phrases, or parts be held
unconstitutional or void, the remainder of said Act shall continue in full force and effect, it being
the legislative intent, now hereby declared, that this Act would have been adopted even if such
unconstitutional or void matter had not been included herein.
SECTION 5. That all laws or parts of laws in conflict with this Act be, and the same are
hereby repealed and this Act shall take effect from and after its passage, the public welfare
requiring it.
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EDUCATION - SCHOOLS
Under the Education Improvement Act of 1991, the office of superintendent of public
instruction (county superintendent of education) has been phased out. Replacing the
superintendent is a director of schools, who is 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 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
Giles County, but are no longer operative. Also referenced below are acts which repeal prior law
without providing new substantive provisions.
1. Private Acts of 1947, Chapter 876, repealed Private Acts of 1935, Chapter 393, Section 3,
and substituted a new section making the duties and compensation of the County
Superintendent of Schools those set out in Public Acts of 1947, Chapter 8. (See T.C.A.
49-220, and sections following.)
2. Private Acts of 1949, Chapter 77, also made the duties and compensation of the
Superintendent of Schools in Giles County the same as those stated in Public Acts of
1947, Chapter 8, but this Act was specifically repealed by Private Acts of 1951, Chapter
126.
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EDUCATION - SCHOOLS
TEACHER RETIREMENT
CHAPTER 666
SECTION 1. That the County Boards of Education of Counties of this State having a
population of not less than 30,940, nor more than 30,950, shall pay out of the County School
Fund to any teacher who has taught in the public schools of said Counties for thirty (30) years
and is seventy (70) years of age or over, and who was retired by the Board of Education on
account of age and who has no other means of support, an annual pension equal to two-thirds of
the salary received by said teacher in the last year of service in said public school.
SECTION 2. That the Board of Education shall have the authority to direct the
retirement upon like pension, pensions required in the first section of this Act, of any teacher
over seventy (70) years of age who has taught in said public schools for thirty (30) years or more
school years.
SECTION 3. That in computing the period of teaching in said public schools under the
terms of this Act said period need not be consecutive, provided, that the aggregate period of
teaching by any teacher in said public schools equals the time provided in this Act.
SECTION 4. That this Act does not apply to teachers that have not been employed by
the Board of Education as a teacher since July, 1925.
SECTION 5. That all laws and parts of laws in conflict with the provisions of this Act be
and the same are hereby repealed and that this Act take effect from and after its passage, the
public welfare requiring it.
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EDUCATION - SCHOOLS
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 Giles 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.
1. Private Acts of 1809, Chapter 77, Page 101, incorporated John Sappington, Nelson
Patterson, Tyree Rhodes, Samuel Jones, Somersett Moore, Charles Buford, and Charles
Neely as a body corporate and politic to be known as Trustees of Pulaski Academy in
Giles County.
2. Private Acts of 1812 (Ex Session), Chapter 10, Page 12, changed the name of Pulaskie
Academy to Wirtemburgh Academy, and added William Purnell, David Woods, and
Alfred M. Harris, as Trustees.
3. Private Acts of 1823, Chapter 235, Page 205, required the Trustees of Wurtemburgh
(Wertemberg) Academy to give a sworn report to the Giles County Quarterly Court at
their next January meeting of the funds in their hands, and added G. D. Taylor, Thomas
Wilkerson, H. Higgins, A. Black, Fountain Lester, John Mc Cracken, Samuel Y.
Anderson, and Charles C. Abernatha (sic), as Trustees of the Academy.
4. Private Acts of 1831, Chapter 16, Page 28, Sections 16 and 17, gave the authority to the
Giles County Court to invest school funds in any turnpike company which they deem to
be the most profitable, once the amount of the school fund is determined. Records,
books, payments, notes, and all moneys due Giles County for the use of the common
school fund, and all other funds going to the schools were to be paid to Charles C.
Abernathy, agent, who will manage said funds in an effort to double them. He will be
governed by the same rules as a Bank Agent and render proper reports to the court.
5. Private Acts of 1833, Chapter 260, Page 143, provided that, in Smith, Giles, and Lincoln
Counties, when agents were appointed by the General Assembly to manage the common
school fund, and a clerk, also, to be appointed by the Board of School Commissioners
was furnished to the agent, all the duties of managing the school fund would be
performed by the agent alone.
6. Private Acts of 1847-48, Chapter 23, Page 53, established the Pulaski Female Academy,
which was incorporated seven Trustees, namely, Thomas Martin, Andrew M. Ballentine,
Dr. Benjamin Carter, Carson P. Reed, Charles C. Abernathy, Jacob Voorhies, and James
Patterson, who would have complete control of the academy.
108
7. Private Acts of 1849-50, Chapter 174, Page 380, names all the Trustees mentioned in
Item 6 and several more as Trustees for a college to be called Giles College unless
someone wanted to donate $10,000 and have the name changed. Section 7 names the
same board of Trustees for Wurtemberg Academy and in both cases authorizes the
Trustees to elect a President, etc., of the Board from among their own number.
8. Private Acts of 1895, Chapter 155, Page 317, forbids the Superintendent of Public
Instruction, in all counties having one, to teach in any public school either as principal or
assistant principal during their official terms of office, nor could they make any contract
for building or repairing a building or become the owner of any school warrant except for
their own salary.
9. Private Acts of 1907, Chapter 236, Page 845, abolished the office of District Directors of
Education and placed the school systems under the control of County Boards of
Education and a District Board of Advisors as provided for in the act; the method of
creating school districts and providing for the organization of the Boards of Education
members is prescribed as well as an enumeration of powers specifically granted to the
Boards. Giles County is specifically exempted from the provisions of this Act along with
eight other counties in Section 17, but Private Acts of 1911, Chapter 564, Page 1696,
removed the exemption and made the act applicable to Giles County. The act itself
specified that it did not apply to city schools.
A provision of this act was cited in the case of Whitthorne v. Turner, 155 Tenn. 303, 293
S.W. 147 (1947).
10. Private Acts of 1909, Chapter 312, Page 1101, amended the state law, Public Acts of
1873, Chapter 25, starting at Section 10, and making the amendments applicable to ten
counties including Giles County. The county Board of Education was composed of one
member from each civil district of the county, the county judge, and the Superintendent
of Public Instruction, who was ex-officio chairman. The duties of the chairman, the
Secretary, and the members of the Board are prescribed, and the powers granted are
enumerated, including the taking of a scholastic census in each district.
11. Private Acts of 1911, Chapter 564, Page 1696, amended Acts of 1907, Chapter 236, in
Section 17 by removing the exemption for Giles, and five other counties, thus making
this act and its provisions for school systems applicable to Giles which would, in effect
nullify the 1909 amendments to the Acts of 1873.
12. Private Acts of 1935, Chapter 545, Page 1387, provided for the election of the seven
members of the Board of Education, one from each of seven districts composed of three
or more civil districts. This Act was amended by Private Acts of 1937, Chapter 94, Page
249, and specifically repealed by Private Acts of 1943, Chapter 86, Page 449.
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CHAPTER VII - ELECTIONS
110
ELECTIONS
DISTRICTS - REAPPORTIONMENT
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 Giles County, but are no longer
operative regarding elections.
1. Private Acts of 1923, Chapter 559, Page 2104, altered the boundary line between the
Second and Third Civil Districts of Giles County by including all the lands of A. W.
Griffen and I. C. Griffen in the Third District and removing them from the second.
2. Private Acts of 1939, Chapter 254, Page 747, created two new voting precincts in the
Seventh Civil District within the corporate limits of Pulaski to be known as the City Hall
Box and the Courthouse Box. A line between the two is described in the act by metes
and bounds and the provision was made that all who lived south of this line would vote at
the City Hall Box and all those living north of the said line would vote at the Courthouse
Box.
111
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.
Tennessee Code Annotated, Section 2-12-208 sets a minimum salary for certified administrators
of elections based on a percentage of the assessor's salary, and provides for certification tests,
state contribution to each certified administrator's salary and other budget requirements.
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
Giles County in the 14th state senatorial district (along with Franklin, Grundy, Lincoln, Moore,
and Warren counties), while T.C.A. § 3-1-103 places it in the 65th representative district. Giles
County is part of the 22nd U.S. congressional district, under the provisions of T.C.A. § 2-16-103.
The following is a listing of acts for Giles County which affected the elective process,
but which have been superseded or repealed. They are listed here for historical and reference
purposes.
1. Private Acts of 1812 (Ex. Sess.), Chapter 27, Page 28, divided the State into six U.S.
Congressional Districts. The 6th was composed of Robertson, Montgomery, Dickson,
Humphreys, Hickman, Stewart, Maury and Giles Counties.
2. Private Acts of 1812 (Ex. Sess.), Chapter 59, Page 56, established twenty state senatorial
districts with Giles and Lincoln Counties composing the 11th. The polls were to be at
Fayetteville and Pulaski alternately, starting at Fayetteville.
3. Private Acts of 1813, Chapter 129, Page 171, directed the Sheriff of Giles County to hold
three separate elections on constitutional days at the homes of Martin Lane, John Dicky
and William Phillips for Governor, President, Vice President, Members of Congress and
the General Assembly.
4. Private Acts of 1817, Chapter 19, Page 24, changed the polling place from the residence
of William Phillips to some place in the upper town of Elkton.
5. Private Acts of 1819, Chapter 69, Page 135, also organized 20 state senatorial districts
with Giles and Lincoln Counties electing one. Giles would elect one representative to the
General Assembly.
6. Private Acts of 1820 (Ex. Sess.), Chapter 63, Page 64, required the sheriff of Giles
County to hold an election on the third Saturday in August, 1820 to elect seven Aldermen
for Pulaski and to repeal the law requiring the balance of the money from the sale of lots
in Pulaski to be paid to the County Commissioners, and, instead, directed it to be paid to
the Mayor and Aldermen of the city.
7. Private Acts of 1822 (Ex. Sess.), Chapter 1, separated the state into nine U.S.
Congressional Districts with Bedford, Giles, Maury and Lincoln composing the 6th
District.
112
8. Private Acts of 1826 (Ex. Sess.), Chapter 3, Page 4, apportions the state into twenty
senatorial districts. Lincoln and Giles composed the 10th District. Out of 40
representatives in the General Assembly, Giles would elect one.
9. Private Acts of 1832 (Ex. Sess.), Chapter 4, Page 14, out of the 13 U.S. Congressional
Districts into which Tennessee was divided, Lincoln, Giles, Lawrence, Wayne and
Hardin constituted the Tenth.
10. Private Acts of 1833, Chapter 71, Page 85, assigned Giles and Lincoln Counties to the
11th State Senatorial District and Giles would still elect one Representative to the
General Assembly. Returning officers would meet at the home of John Kennedy in
Giles.
11. Private Acts of 1842 (Ex. Sess.), Chapter 1, Page 16, placed Giles and Maury Counties in
the 17th State Senatorial District. The state now had 25 Senatorial Districts instead of
20. Giles was given one Representative to the General Assembly and shared one with
Lincoln County. Polls were to be turned in at Major Smith's home in Lincoln County.
Chapter 7, same year, Page 31, placed Giles in the 6th U.S. Congressional District with
Hickman, Maury, Lawrence, Wayne and Hardin.
12. Private Acts of 1861, Chapter 48, Page 43, divided the state into 25 Senatorial Districts.
Giles, Maury and Lewis Counties were in the 15th. Giles elected one Representative and
joined Bedford and Lincoln Counties in choosing a floater.
13. Private Acts of 1865, Chapter 34, Page 52, apportioned Tennessee into 8 U.S.
Congressional Districts. Rutherford, Cannon, Coffee, Franklin, Lincoln, Bedford,
Marshall and Giles were in the 4th District. This apportionment after the Civil War
reflects the decline in population in Tennessee due in all probability to a high casualty
rate.
14. Private Acts of 1872 (Ex. Sess.), Chapter 7, Page 28, added a Congressional District to
the 8 former ones and reassigned some counties. Williamson, Maury, Giles, Lawrence,
Wayne, Lewis, Hickman and Dickson Counties were all in the 6th District.
15. Private Acts of 1873, Chapter 27, Page 52, changed the U.S. Congressional Districts
according to the 1870 census. Wayne, Lawrence, Giles, Lewis, Maury, Hickman and
Williamson constituted the 7th District.
16. Private Acts of 1891, Chapter 131, Page 293, added Dickson County to the counties in
Item 15 above and made them the 7th U.S. Congressional District to conform to the 1890
census. The remainder of the apportionment statutes are carried in the Tennessee Code.
113
CHAPTER VIII - HEALTH
114
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 summary is included herein for reference purposes.
1. Private Acts of 1945, Chapter 300, directed that Floyd Vickers, of Minor Hill, in Giles
County, be granted a license to practice veterinary medicine therein.
115
CHAPTER IX - HIGHWAYS AND ROADS
116
HIGHWAYS - ROADS
CHAPTER 415
SECTION 1. That in all counties having a population of more than 28,000 and less than
28,050, according to the Federal Census of 1930, or any subsequent Federal Census, all public
roads and bridges not designated as State Highways and Bridges shall be considered the County
Road System, and this Act shall apply to all such counties.
SECTION 2. A County Highway Commissioner shall be elected by the qualified voters

of the County at the general election to be held in November, 1968, and shall take office August
1, 1969, and shall serve until September 1, 1972, or until his successor is elected and qualified.
A County Highway Commissioner shall be elected at the general election to be held in

August, 1972, and every four (4) years thereafter to serve for a term of four (4) years. The
Commissioner shall be a person skilled and experienced in road and bridge building, of good
moral character, a freeholder of the County, and not a member of the County Court. Before
entering upon his duties, he shall execute a bond in the sum of twenty thousand dollars
($20,000.00) for the faithful performance of his duties and the proper accounting for all funds
and properties coming to his hands, the cost of the premium of the bond to be paid out of the
County road funds.
SECTION 3. The County Highway Commissioner shall devote all of his time to his
office and shall receive as compensation an amount equal to that provided by general law for the
County Court Clerk of the County, said amount to be paid in equal monthly installments out of
the County road fund.
SECTION 4. That the said County Highway Commissioner shall have complete charge
and supervision of laying out, building, reconstructing, repairing, maintaining, closing all County
Roads and Bridges. And the said Commissioner is hereby authorized to employ and fix the
compensation of such employees as, in his judgment are necessary to carry out the duties of his
office.
SECTION 5. That all applications to open, change and close all county roads shall be
made by written petition to the Commissioner, stating the Civil District or Districts in which the
road is located giving complete description of the present road, desired change, and land owners
to be affected thereby. The said Commissioner shall within ten days after the application has
been filed with him notify, in writing, the first person named on the petition, and all land owners
affected, of the day on which he will be present at the beginning point, which day shall be not
less than five days after the petition is filed with him. If any land owner affected is a
non-resident of the State, then a ten days written notice to his agent, tenant, or attorney, who is a
resident of the county shall be a legal notice. The Commissioner shall attend at the appointed
117
time and place, and act upon the application, assess the damages against the County, not to
exceed double the assessed value for taxes, and report in writing his action to the County Judge,
and shall file with the Judge all papers in connection with the case.
The County Judge shall consider the whole matter, and make such orders as he may deem
best for the interest of the public, and if any money is assessed the County Judge shall draw a
warrant upon the County Treasury for a sufficient amount to pay the same, but he shall not draw
the said warrant until the time allowed, hereinafter, for appeal shall have expired. Any interested
party may appeal to the next term of the Circuit Court and there the case shall be heard in the
form and manner as is now prescribed by law in such cases.
SECTION 6. That said Commissioner shall have charge and control of the construction
of all the County Bridges and shall make all necessary repairs thereon, and the cost therefor shall
be paid out of the Bridge Fund, hereinafter provided for.
A bridge shall be considered a span of 12 feet and over.
SECTION 7. That all applications for the erection of a new bridge shall be made by
written petition to said Commissioner, stating the district in which the bridge is to be located,
over what stream the bridge is to be erected, and on what public road. Within ten days after the
filling of said petition the Commissioner shall investigate and make a report in writing to the
next term of the Quarterly Court as to the necessity of said bridge, exact location, size, kind, and
the probable cost thereof and any other facts that might aid the Court, and the Court shall then
determine the whole matter and make such appropriations, from the Bridge Fund, hereinafter
provided for, as it may deem necessary.
SECTION 8. That the Quarterly Court is hereby authorized and empowered to levy a
Bridge Tax on all taxable property, outside of incorporated towns in the County in any amount
that it deems necessary up to $1.20 on the $100.00 worth of taxable property. Said tax to be
levied, assessed and collected in the same manner as other taxes are now levied, assessed and
collected by the County. The Trustee shall place all funds coming from this source in a separate
fund designated as the Bridge Fund.
SECTION 9. That the Quarterly Court is hereby authorized and empowered to levy a
road tax on all taxable property in the County, outside of incorporated towns, in any amount that
it deems necessary up to $0.30 on the $100.00 worth of taxable property. Said tax to be levied,
assessed, and collected in the same manner as other taxes are now levied, assessed, and collected
by the County.
SECTION 10. That any and all moneys, taxes, fines, fees, or forfeitures, from whatever
source derived, belonging to the Road or Highway Funds of the County together with the
County's apportionment of the Gasoline Tax from the State shall be paid in to the hands of the
Trustee, and shall be kept separate and apart from other funds in a fund designated as the County
Road Fund.
SECTION 11. That the Trustee shall receive the same compensation on such money
collected under this Act as he is now allowed by law for the collection of like taxes, and the
Trustee is hereby required to ascertain that each warrant paid out of the Bridge Fund shall read
Bridge Fund, and each warrant paid out of the County Road Fund shall read County Road Fund.
118
SECTION 12. That the said Commissioner shall have control, management and custody
over all road tools, machinery, and material and shall purchase all necessary implements,
machinery, tools, and material, and provide for the proper storing and safe keeping of the same.
All sums of money paid out by said Commissioner shall be paid by a warrant drawn on the
County Trustee, stating for what purpose said warrant is drawn, and to whom payable, and shall
be signed by the Commissioner and countersigned by the County Judge, and shall be payable out
of the County Road Fund.
SECTION 13. That the said Commissioner shall make a complete, simple itemized
report of the work done, the civil district in which the work was done, and the amount spent for
each item, such as, gasoline, oil, labor, material, machinery, and any and all other expenditures,
which report shall be made to each Quarterly meeting of the County Court.
SECTION 14. That it shall be a misdemeanor for any person to place any post,
post-holes, gates opening into road, bushes overlapping ditches, glass, broken bottles, stoneware
or any trash or any other obstruction in any public road, or in the ditches thereof, in said
counties; and any person so doing upon conviction shall be punished by a fine of not less than
$5.00 nor more than $25.00 and all costs, and the Road Commissioner shall have the power and
authority to remove or cause to be removed any obstruction from the roads or ditches of the
county, and the expense of such shall be paid by the person who has placed or caused to be
placed upon the road or ditches such obstruction.
SECTION 15. That the Commissioner may place signs on or near the bridges in said
counties, not on roads designated as state highways, showing the load capacity of said bridges,
and it shall be a misdemeanor for anyone to cross said bridge with a greater load than as
designated by said sign, or signs, and anyone guilty of violating the provisions of this section
shall be punished by fine of not less than $5.00 nor more than $25.00, and shall be liable to the
County for all damage done to said bridge, and it shall be the duty of the road Commissioner to
institute civil proceedings for the collection of said damage and any amount so collected shall go
into the Bridge Fund created by this Act.
SECTION 16. That if any Section or part of this Act for any reason be held
unconstitutional or invalid, the same shall not affect the constitutionality or validity of the
remaining parts or sections of this Act, but the same shall remain in full force and effect as if the
unconstitutional or invalid part had been omitted.
SECTION 17. That all counties coming within the provisions of this Act shall be exempt
from the provisions of Section 2778 and 2813 inclusive of the Code of Tennessee.
SECTION 18. That Chapter 90 of the Private Acts of Tennessee of the year 1937, and all
laws and parts of laws in conflict herewith, be and the same are hereby repealed.
requiring it.

HIGHWAYS - ROADS
BOOKKEEPER
119
CHAPTER 37
AN ACT to amend Chapter 125, House Bill 481, Private Acts of the General Assembly of
Tennessee, for the year 1953, the caption of which Act is as follows: "AN ACT to amend
Chapter No. 90 of the Private Acts of 1937, the caption of which is as follows: AN ACT to
provide a system of public roads and bridges in counties having a population of more than
28,000 and less than 28,050, according to the Federal Census of 1930, or any subsequent census;
to provide for the constructing, reconstructing and repairing of all public roads and bridges in
said counties; to provide for the condemning of private property for public roads and bridges and
building materials for same; to provide the levying of taxes for these purposes; to declare the
violation of certain provisions of the Act to be misdemeanors; to create the office of County
Highway Commissioner and define his duties; and to repeal Chapter 642 of the Private Acts of
the Tennessee Legislature of 1917, and all laws in conflict with this Act.
SECTION 1. That Section 1 of said Act be, and the same is, hereby repealed.
SECTION 2. That the County Highway Commissioner be authorized and empowered to

employ a bookkeeper to be selected by him at a salary not to exceed Three Hundred ($300.00)
Dollars per month to be paid from the funds of the County Highway Department in the same
manner as the salaries of other employees of the County Highway Department are paid.
As amended by: Private Acts of 1961, Chapter 64,

Private Acts of 1965, Chapter 46.
SECTION 3. That the books of the County Highway Department be kept at the office of
the County Highway Department.
SECTION 4. That this Act take effect on the 8th day of July, 1957, the public welfare
requiring it, but that this Act shall not become effective until the same has been approved by a
two-thirds roll call vote of the members of the Quarterly County Court of Giles County,
Tennessee.
120
HIGHWAYS - ROADS
General law on highways and roads can be found in title 54 of Tennessee Code
Annotated. In 1974, the general assembly enacted the "County Uniform Highway Law," which
has had a substantial effect on road law in Tennessee's counties. Found in title 54, chapter 7 of
Tennessee Code Annotated, the County Uniform Highway Law applies to most counties in the
state.
The County Uniform Highway Law deals extensively with the position of "Chief
Administrative Officer" of the county road department. The chief administrative officer is
defined in T.C.A. § 54-7-103 as a county road superintendent, county road supervisor, county
engineer, director of public works, or any similar elected or appointed official. The
qualifications of the chief administrative officer are set out in T.C.A. § 54-7-104. The
qualifications of candidates for elected and appointed offices are reviewed by the Tennessee
highway officials certification board. Qualified candidates for popular election are certified by
this board to the state coordinator of elections who forwards this certification to the county
election commission. T.C.A. § 54-7-104(a).
The term of office is set at four years by T.C.A. § 54-7-105, and the minimum salary of
the chief administrative officer is set by T.C.A. § 8-24-102. T.C.A. § 54-7-106. The bond of
the chief administrative officer is now set at $100,000 by T.C.A. § 54-7-108.
Most of the duties of the chief administrative officer are specified in T.C.A. § 54-7-109.
This section names the chief administrative officer as the head of the county highway
department and gives this officer general control over the road system and the personnel
employed by the county road department. However, in those counties with popularly elected
highway commissions (provided by private act), the general policy decisions over the highway
system remain with the elected highway commission. The chief administrative officer annually
submits a county road list which includes a summary of all changes approved the previous year
by the county legislative body and the reason for the change, and makes recommendations to the
county legislative body respecting proposed changes to the county road list and the classification
of roads. T.C.A. § 54-10-103.
The County Uniform Highway Law also gives the chief administrative officer authority
to employ legal counsel (T.C.A. § 54-7-110), requires the preparation of an annual plan for road
improvement (T.C.A. 54-7-111), and provides for the supervision and control of all equipment
and materials owned by the county highway department (T.C.A. § 54-7-112).
The use of county equipment or materials for private purposes is prohibited by T.C.A. §
54-7-202. Any personal financial interest in the purchase of any supplies, machinery, materials
or equipment by any chief administrative officer, county highway commissioner, member of the
county governing body, or any employee of the county highway department is expressly
forbidden by T.C.A. § 54-7-203.
The following is a listing of acts which once had some effect upon the county road
system in Giles County, but which are no longer operative. Also referenced below are acts
which repeal prior law without providing new substantive provisions.
121
1. Acts of 1821, Chapter 6, Page 10, Section 1, required the respective County Courts to
classify all the roads of their counties into three classes, (1) the stage roads and those of
equal importance, (2) roads at least 12 feet wide which would afford loaded wagons a
secure passage, and (3) roads which would accommodate a horse and rider and for going
to the mill. This was probably the first constructive legislation of a broad nature
regarding roads.
2. Private Acts of 1839-40, Chapter 99, Page 187, Section 5, allowed the directors of the
Columbia, Pulaski, and Elkton Turnpike Company to abandon the completion of the road
between Pulaski and the state line under certain terms and conditions set out in this Act.
3. Private Acts of 1840-41, Chapter 130, Page 142, authorized the installation of 10 toll
gates between Columbia and the Alabama state line, and houses for the attendants.
4. Private Acts of 1851-52, Chapter 315, Page 594, provided that upon the application of
the President of the Columbia, Pulaski, Elkton, and Alabama Turnpike Company, the
Quarterly County Court may appoint 12 Commissioners to locate a toll gate at some
convenient point no less than one and one-quarter and no more than two miles north and
south of the courthouse in Pulaski.
5. Private Acts of 1855-56, Chapter 218, Page 446, permits Giles County to subscribe a
discretionary amount of stock, but only after the favorable referendum election, in the
construction of a railroad from Shelbyville to the Alabama state line via Lewisburg, and
Pulaski.
6. Acts of 1901, Chapter 136, Page 237, was a general road law applying to all counties
under 70,000 population, providing for a road commissioner from each road, or civil
district, prescribing their duties, authorizing a road tax and requiring the commissioners
to appoint overseers for each section of road; specifying who was subject to road duty,
how much they were compelled to do and under what circumstances they could
commute. Prisoners could work the roads which the county court was again obligated to
classify into 4 classes according to their width and function. Petitions to repair or change
roads would be filled with the court who would determine the priorities of work.
7. Acts of 1905, Chapter 478, Page 1016, amended Acts of 1901, Chapter 136, Item 6
herein, by exempting some counties from its operation but primarily by transferring the
decision on the priorities of road alteration and repair and the agency for the reception of
petitions for a change from the Quarterly County Court to the Road Commissioner of the
district.
8. Private Acts of 1907, Chapter 424, Page 1446, required the Road Commissioners in Giles
County within twelve months from the Act's passage to remove roads of the first, second,
and third class from stream beds except where there is a ford. If anyone is damaged
thereby the Commissioner shall appoint two disinterested freeholders to assess the same
and report the entire matter to the Quarterly County Court. All mail roads were to be
considered as one of the first three classes and all gates removed from them. All males,
18 and 50 years old, were subject to road duty.
9. Private Acts of 1913, Chapter 187, Page 635, was a general road law for Giles County
which required the Quarterly County Court to elect three competent people to be a Public
122
Road Finance Auditing Committee whose broad powers were enumerated in the Act.
The position of County Road Supervisor was created and his duties spelled out; fixed a
privilege tax on different types of conveyances and levied a special road tax of 25 cents
per $100 property valuation on real and personal property. The Act repealed all those in
conflict with it.
10. Private Acts of 1913 (Ex. Sess.), Chapter 11, Page 1218, specifically repeals Private Acts
of 1913, Chapter 187, Item 9, regular session, above, in its entirety.
11. Private Acts of 1917, Chapter 642, Page 1975, was a road law for Giles County which
required the Quarterly County Court to elect a road supervisor for each district, every two
years, who would have charge of public roads, bridges, and the overseers of each road
section. Each road district would include 3 or 4 Civil Districts. County Trustee would
pay charges for materials and labor which must be itemized and presented to the County
Judge for approval. The road tax levied could not exceed 20 cents per $100 and be used
only for road purposes. Roads would be classified, males from 21 to 50 must work on
them or commute for $5.00 daily and the methods for opening, closing, etc. in the act
would be followed. This Act was specifically repealed by Private Acts of 1937, Chapter
90.
above, by rewriting Section 1 to provide a road supervisor for each civil district instead
of each road district; gives the road supervisors in the civil district the same authority as
the other had; eliminated the $5.00 per day commutation cost and left this matter to the
discretion of the court.
13. Private Acts of 1921, Chapter 252, Page 821, made all gravel bars in the county subject
to condemnation by the road commissioners and two other disinterested parties which
condemnation shall last for a period of one year or longer but the compensation for the
condemned gravel bars shall be confined to the agreed price of one year.
14. Private Acts of 1921, Chapter 609, Page 1856, abolishes the office of Turnpike
Superintendent without referring to any prior act which might have created this position.
15. Private Acts of 1923, Chapter 605, Page 2254, amended Section 7, Private Acts of 1917,
Chapter 642, the road laws for Giles County, by providing the Road Supervisors with
authority, whenever a road is changed, to open and establish proper and necessary
roadways and outlets along the most direct and practical route and over and across any
lands, to enable land owners in the area to reach such new or altered roads.
16. Private Acts of 1933, Chapter 874, Page 1970, granted the County Court the authority to
apply one-half of the gasoline tax funds of the county to the payment of any bonded
indebtedness of the county which was incurred for the construction of highways.
17. Private Acts of 1937, Chapter 90, Page 213, establishes itself through its caption as the
road law for Giles County, and specifically declares that Private Acts of 1917, Chapter
642, the prior road law, and all other conflicting laws were thereby repealed.
18. Private Acts of 1939, Chapter 415, Page 1257, also sets up to be the road law for the
county and expressly repeals Private Acts of 1937, Chapter 90, above, and all conflicting
123
laws. All the provisions of the 1937 Act are carried over into the 1939 Act except for
Sections 12, 13, 14, and 15, which are all concerned with working roads with citizen
labor, a condition which was later repealed by state law, and which the county could
eliminate if it so desired. Then, the Sections of the 1939 Act were renumbered
accordingly, and a new Section 15 added as shown in our published act herein.
19. Private Acts of 1953, Chapter 125, is an amendment to the road law but purports to
amend Private Acts of 1937, Chapter 90, which as allegedly been repealed by Private
Acts of 1939, Chapter 415, of which no mention is made in this Act. This Act amends
Section 4 by permitting the books of the county highway department to be kept by the
County Auditor at his office and a special assistant bookkeeper from the highway
department would be furnished him for these books. This amendment might just as well
have been made to Section 4, of Private Acts of 1939, Chapter 415. All of this was
nullified by Private Acts of 1957, Chapter 37, Section 1, which was properly ratified by
the local governing body.
Private Acts of 1953, Chapter 125 also amended Section 6 by adding some new language
at the end which required the County Highway Commissioner to obtain the written
approval of the magistrates in the civil districts affected before any new road, bridge, or
reopening of roads could be started and, if the magistrates could not agree, then the
matter must be submitted to the county court whose decision would be final.
20. Private Acts of 1955, Chapter 151, Page 448, recites that it is to amend Section 3, Private
Acts of 1953, Chapter 125, the amendatory act mentioned in the above paragraphs, but
Private Acts of 1953, Chapter 125, does not have a Section 3 to be amended. It is
obvious from the amending language in Section 1 that Section 3, Private Acts of 1937,
Chapter 90, is the one intended to be amended, said section dealing with the
compensation of the county highway commissioner, setting the limits thereof between
$2,400 and $4,800 annually. This Act also was rendered obsolete by a later amendment,
Private Acts of 1965, Chapter 47, which did not cite any prior legislation to be affected
by it.
21. Private Acts of 1957, Chapter 37, permitted the employment of a bookkeeper and the
return of the books to the highway department. This Act as amended, is published in this
volume under a sub title and does not further affect the road law.
22. Since Private Acts of 1965, Chapter 47, did not specify the Act it was amending but
simply states a minimum sum of $6,000 per year for the compensation of the County
Highway Commissioner.
124
CHAPTER X - LAW ENFORCEMENT
125
LAW ENFORCEMENT
JAILS AND PRISONERS
PRIVATE ACTS OF 1868-69 (2ND EX. SESS.)
CHAPTER 40
SECTION 14. That the Board of County Commissioners of Giles County be and they are
hereby authorized and empowered to appoint a Jailor for said county, who shall when so
appointed, take an oath of office such as other county officers are required to take, to be
administered by the County Judge of said county, and after being thus qualified, the Sheriff of
said county shall upon demand, turn over the jails and prisoners together with all of the property
belonging thereto, the Jailor thus appointed and qualified taking his receipt for the same.
SECTION 15. That said Jailer (sic) when appointed and qualified, shall be required to do
and perform such duties as are now by law imposed upon the Sheriff of said county, and shall
receive the same pay for said duties as the Sheriff now receives.
SECTION 16. That all laws conflicting with this Act be, and they are hereby repealed.
COMPILER'S NOTE: The rest of this act does not apply to Giles County.
126
LAW ENFORCEMENT
JAILS AND PRISONERS
The general law on jails and prisoners can be found in Tennessee Code Annotated title
41. Of particular interest to county officials are chapter 2 (County Workhouse), chapter 4 (Jails
and Jailers), and chapter 8 (County Correctional Incentives Act). For the state law on jailers
fees, see T.C.A. §§ 8-26-105 and 41-8-106. 1999 Public Chapter 190 authorizes two or more
counties to enter into an interlocal agreement providing for a jail and/or workhouse to serve the
contracting counties. Each county that is a party to an interlocal agreement for a jointly operated
jail would no longer be required to maintain a separate jail.
The following act once affected jails and prisoners in Giles County, but is no longer
operative.
1. Private Acts of 1827, Chapter 97, Section 6, Page 75, authorized the County Court of
Pleas and Quarter Sessions of Giles County to have a smokehouse built on the jail lot in
Pulaski for the use of the jailor.
127
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.
128
LAW ENFORCEMENT
OFFENSES
Some counties in Tennessee have made various activities illegal within their boundaries
by the enactment of private legislation. Some of these were billiard playing, operating dance
halls, shooting fireworks, and things of a similar nature.
129
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. Many of the duties of the sheriff are specified in T.C.A. § 8-8-
201. The sheriff's salary is now set by T.C.A. §§ 8-24-102 and 8-24-108. 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.
The following acts have no current effect but are included here for reference purposes
since they once applied to the Giles County sheriff's office.
1. Private Acts of 1827, Chapter 4, Page 5, granted the Sheriffs of Giles and Jefferson
Counties the privilege of appointing one additional Deputy Sheriff to those then
authorized by law.
2. Private Acts of 1921, Chapter 494, Page 1535, fixed the salary of the Giles County
Sheriff at $2,500 annually provided he would file as of January 1, each year, a sworn,
itemized report showing all the fees collected, with the county judge or chairman, and
when the total fees, excluding prisoner's board, and turnkeys, fail to equal that amount of
salary, the county will supply the difference on a warrant drawn on the regular funds,
however, if the fees exceed the amount of salary, the sheriff may retain them, but, in
either event, he must pay the wages of his Chief Deputy from this salary herein.
494, by correcting the discrepancy in the figures of the sheriff's salary making all of them
$2,500 instead of $2,250 as it appeared written in one part of the Bill.
4. Private Acts of 1933, Chapter 870, Page 1960, made the salary of the Sheriff in Giles
County in the amount of $2,500 by population figures. The Sheriff must file the sworn
itemized statement on January 1, of each year, with the county court showing the amount
of fees collected for the year, except those for prisoners, board, and turnkeys. He must
pay his chief deputy and jailor from this salary. If the fees are less, the county makes up
the difference, if more, the sheriff could retain the excess.
130
CHAPTER XI - TAXATION
131
TAXATION
ASSESSOR OF PROPERTY
CHAPTER 78
SECTION 1. That when any grantee or lessee of real estate in Giles County presents his
deed or lease to the County Register for registration and it appears from said instrument or
otherwise that the grantee or lessee is chargeable for the payment of the tax thereafter to accrue
on said real estate, that said County Register shall be required before accepting said instrument
for registration, to ascertain from the grantee or lessee whether he purchased or leased all or a
portion of the property of his grantor or lessor; the true consideration given or promised therefor
and is the entire tract of the grantor has not been conveyed or leased, what portion has been
retained by the grantor or lessor. Said County Register shall also ascertain the nature or
character of improvements located on the real estate purchased or leased.
SECTION 2. That the County Register be and he us hereby required to record the
information to be ascertained in the foregoing section in a well bound book to be furnished by
Giles County. Said Record Book shall be kept in duplicate form and shall show the names of the
grantors or lessors; the names of the grantees or lessees, the kind of instrument (whether a deed
or lease); the number of acres or town lots; the district where located and under the title
"Remarks" show such other information as will enable the County Tax Assessor to keep current
records of his office to the end that all real estate shall be assessed for taxation in the name of the
true owner or in the name of the person or persons responsible for the payment of the taxes.
SECTION 3. That it shall be the duty of the County Register to deliver to the County
Tax Assessor the original slip taken from his Record Book showing the information required by
this Act and it shall be the duty of the County Tax Assessor to keep said slip so furnished by
same and to note the changes in owners as shown thereby on his records to the end that his
records will at all times show the names of the true owners of the real estate or the persons
responsible for the payment of the Tax Assessable against said real estate.
SECTION 4. That a fee of twenty-five cents be charged by the County Register and paid
by the grantee or lessee for the services of the County Register rendered in procuring the
information required by this Act and for keeping the record thereof and delivering same to the
County Tax Assessor.
requiring it.
132
TAXATION
ASSESSOR OF PROPERTY
The assessor of property is a constitutional officer provided for in article VII, section 1 of
the Constitution of Tennessee to be elected by the qualified voters for a term of four years. For
general law on the office of county assessor of property, see Tennessee Code Annotated title 67,
chapter 1, part 5.
The salary of the assessor is set by the county legislative body in accordance with T.C.A.
§ 67-1-508 at an amount not less than the salary provided for the assessor by T.C.A. § 8-24-102.
Also, T.C.A. § 67-1-508 provides that any assessor of property who has been trained and
designated as a "Certified Assessment Evaluator" will be paid additional compensation by the
state. Further, any assessor of property who has earned the title of "Tennessee Certified
Assessor" or "Residential Evaluation Specialist" will be paid additional compensation by the
state. The assessor is authorized by T.C.A. § 67-1-506 to appoint a deputy assessor for each
4,500 parcels of property over and above the first 4,500 parcels.
The following acts were superseded, repealed or failed to win local ratification, but they
are listed here as a reference to laws which once affected the Giles County Assessor. Also
1. Private Acts of 1917, Chapter 388, Page 1190, was intended to apply to Giles County but
did not because of an error in the population figures in both the caption and body of the
Bill. These figures were later corrected by an amendment in Private Acts of 1917,
Chapter 583, Page 1780. The compensation for the Assessor was set at $1,800 annually,
as full salary, to be appropriated by the Quarterly County Court at its April term, the
clerk of the court being required to issue a certificate reciting the same.
2. Private Acts of 1917, Chapter 583, Page 1780, amends Private Acts of 1917, Chapter
388, so as to correct an error in the population figures recited in order to make that act
applicable to Giles County. The former figures of 32,325 and 32,335, were changed to
32,625 as a minimum and 32,635 as a maximum.
3. Private Acts of 1921, Chapter 557, Page 1752, set the total compensation of the Tax
Assessor at $2,400 annually to be paid in monthly installments from the regular funds of
the county. He was also authorized to appoint a Deputy Assessor to assist him at a wage
of $600 yearly which would also be paid by the county. The Assessor shall go upon the
premises to be assessed and make a personal inspection as to fertility of the farms, waste
lands, tillable lands, pasture lands, and timber lands, and note the number of acres in each
and in the entire farmland.
4. Private Acts of 1957, Chapter 63, Page 221, amended Private Acts of 1921, Chapter 557,
Section 1, Item 3 above, by raising the salary of the Tax Assessor from $2,400 to $3,000
annually and Section 3 of the same Act by elevating the Deputy's wages from $600 to
$1,800 annually, all property ratified and approved by the Quarterly County Court.
133
Section 2, as it was amended by Acts of 1957, Chapter 64, by increasing the annual
salary of the Deputy Tax Assessor from $1,800 to $2,400.
6. Private Acts of 1965, Chapter 45, Page 159, amends Section 1, of the Act in Item 5,
above, by further increasing the salary of the Deputy Tax Assessor to $3,000 form $2,400
again being properly ratified by the Quarterly County Court.
7. Private Acts of 1973, Chapter 21, Page 72, specifically repealed Private Acts of 1917,
Chapters 388 and 583, Private Acts of 1921, Chapter 557, as the same was amended by
Private Acts of 1957, Chapter 63, and also, Private Acts of 1961, Chapter 63, (which
would presumably carry with it the 1965 Act in Item 6 which amended the repealed Act.)
134
TAXATION
HOTEL/MOTEL TAX
CHAPTER 133
SECTION 1. As used in this act unless the context otherwise requires:
(1) "Clerk" means the County Clerk of Giles County, Tennessee.
(2) "Consideration" means the consideration charged, whether or not received,

for the occupancy in a hotel valued in money whether to be received in money, goods,
labor or otherwise, including all receipts, cash, credits, property and services of any kind
or nature without any deduction therefrom whatsoever. Nothing in this definition shall
be construed to imply that consideration is charged when the space provided to the
person is complimentary from the operator and no consideration is charged to or received
from any person.
(3) "County" means Giles County, Tennessee.
(4) "Hotel" means any structure or space, or any portion thereof, which is
occupied or intended or designed for occupancy by transients for dwelling, lodging or
sleeping purposes, and includes any hotel, inn, tourist camp, tourist court, tourist cabin,
motel or any place in which rooms, lodgings or accommodations are furnished to
transients for a consideration.
(5) "Occupancy" means the use or possession, or the right to the use or
possession, of any room, lodgings or accommodations in any hotel.
(6) "Operator" means the person operating the hotel whether as owner, lessee or
otherwise.
(7) "Person" means any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint stock company, corporation, estate, trust,
business trust, receiver, trustee, syndicate, or any other group or combination acting as a
unit.
(8) "Transient" means any person who exercises occupancy or is entitled to

occupancy for any rooms, lodgings or accommodations in a hotel for a period of less than
thirty (30) continuous days.
SECTION 2. The legislative body of Giles County is authorized to levy a privilege tax
upon the privilege of occupancy in any hotel of each transient in an amount of five percent (5%)
of the consideration charged by the operator. Such tax is a privilege tax upon the transient
occupying such room and is to be collected as provided in this act.
135
SECTION 3. The proceeds received by the county from the tax shall be designated and
used for Courthouse maintenance and renovation.
SECTION 4. Such tax shall be added by each and every operator to each invoice
prepared by the operator for the occupancy of the hotel and given directly or transmitted to the
transient. Such tax shall be collected by such operator from the transient and remitted to the
county clerk as provided in Section 5.
When a person has maintained occupancy for thirty (30) continuous days, that person
shall receive from the operator a refund or credit for the tax previously collected or charged and
the operator shall receive credit for the amount of such tax if previously paid or reported to the
county.
SECTION 5.
(a) The tax levied shall be remitted by all operators who lease, rent or charge for
any rooms, lodgings, spaces or accommodations in hotels within the county to the clerk
or such other officer as may by resolution be charged with the duty of collection thereof,
such tax to be remitted to such officer not later than the twentieth (20th) day of each
month for the preceding month. The operator is required to collect the tax from the
transient at the time of the presentation of the invoice for such occupancy as may be the
custom of the operator, and if credit is granted by the operator to the transient, then the
obligation to the county entitled to such tax shall be that of the operator.
(b) For the purpose of compensating the operator for remitting the tax levied by
this act, the operator shall be allowed two percent (2%) of the amount of the tax due and
remitted to the clerk in the form of a deduction in submitting the report and paying the
amount due by such operator, provided the amount due was not delinquent at the time of
payment.
SECTION 6. The clerk, or other authorized collector of the tax, shall be responsible for
the collection of such tax and shall place the proceeds of such tax in accounts for the purposes
stated herein. A monthly tax return shall be filed under oath with the clerk by the operator with
such number of copies thereof as the clerk may reasonably require for the collection of such tax.
The report of the operator shall include such facts and information as may be deemed reasonable
for the verification of the tax due. The form of such report shall be developed by the clerk and
approved by the county legislative body prior to use. The clerk shall audit each operator in the
county at least once a year and shall report on the audits made on a quarterly basis to the county
legislative body.
The county legislative body is authorized to adopt resolutions to provide reasonable rules
and regulations for the implementation of the provisions of this act, including the form for such
reports.
SECTION 7. No operator of a hotel shall advertise or state in any manner, whether

directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator
or that it will not be added to the rent, or that if added, any part will be refunded.
SECTION 8. Taxes collected by an operator which are not remitted to the clerk on or
before the due dates are delinquent. An operator is liable for interest on such delinquent taxes
136
from the due date at the rate of twelve percent (12%) per annum, and is liable for an additional
penalty of one percent (1%) for each month or fraction thereof such taxes are delinquent. Such
interest and penalty shall become a part of the tax herein required to be remitted. Each
occurrence of willful refusal of an operator to collect or remit the tax or willful refusal of a
transient to pay the tax imposed is unlawful and shall be punishable by a civil penalty not in
excess of fifty dollars ($50.00).
SECTION 9. It is the duty of every operator liable for the collection and payment to the
county of any tax imposed by this act to keep and preserve for a period of three (3) years all
records as may be necessary to determine the amount of tax due and payable to the county. The
clerk has the right to inspect such records at all reasonable times.
SECTION 10. The clerk in administering and enforcing the provisions of this act has as
additional powers, those powers and duties with respect to collecting taxes as provided in Title
67 of Tennessee Code Annotated or otherwise provided by law.
For services in administering and enforcing the provisions of this act, the clerk is entitled
to retain as a commission five percent (5%) of the taxes collected.
Upon any claim of illegal assessment and collection, the taxpayer has the remedies
provided in Tennessee Code Annotated, Title 67. It is the intent of this act that the provisions of
law which apply to the recovery of state taxes illegally assessed and collected shall also apply to
the tax levied under the authority of this act. The provisions of Tennessee Code Annotated,
Section 67-1-707, shall be applicable to adjustments and refunds of such tax.
With respect to the adjustment and settlement with taxpayers, all errors of county taxes
collected by the clerk under authority of this act shall be refunded by the clerk.
Notice of any tax paid under protest shall be given to the clerk and the resolution
authorizing levy of the tax shall designate a county officer against whom suit may be brought for
recovery.
SECTION 11. The proceeds of the tax authorized by this act shall be allocated to and
placed in a special fund within the General Fund of Giles County to be used for the purposes
stated in Section 3 of this act.
SECTION 12. The tax levied pursuant to the provisions of this act shall only apply in
accordance with the provisions of Tennessee Code Annotated, Section 67-4-1425.
SECTION 13. If any provision of this act or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provision or application, and to that end the
provisions of this act are declared to be severable.
SECTION 14. This act shall have no effect unless it is approved by a two thirds (2/3)
vote of the county legislative body of Giles County. Its approval or nonapproval shall be
proclaimed by the presiding officer of the county legislative body and shall be certified by such
presiding officer to the Secretary of State.
137
SECTION 15. 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,
this act shall take effect upon being approved as provided in Section 14.
138
TAXATION
MINERAL DEPOSITS
CHAPTER 91
SECTION 1. Giles County by resolution of its county legislative body is authorized to

levy a tax on all phosphate rock, ore, or other phosphate bearing minerals severed from the
ground within its jurisdiction. The tax shall be levied for the use and benefit of Giles County
only and all revenues collected from the tax, except deductions for administration and collection
provided for herein, shall be allocated to Giles County.
Administration and collection of this tax shall be by the county clerk of Giles County
who shall have the power to promulgate all rules and regulations necessary and reasonable for
the administration of the provisions of this act.
SECTION 2. The rate of the tax shall be set by the county legislative body, but shall not
exceed fifteen cents ($.15) per ton of phosphate rock, ore, or other phosphate bearing material
severed from the ground in the county. Every interested owner shall be liable for this tax to the
extent of his interest in such products. The owner shall become liable at the time the phosphate
rock, ore, or other phosphate bearing material is severed from the earth.
The tax is levied upon the entire production in the county regardless of the place of sale
or the fact that delivery may be made outside the county. The tax shall accrue at the time the
phosphate rock, ore, or other phosphate bearing material is severed from the earth and in its
natural or unprocessed state. The tax levied shall be a lien upon all phosphate rock, ore, or other
phosphate bearing material severed in the county and upon all property from which it is severed,
including but not limited to mineral rights of the producer, and such lien shall be entitled to
preference over all judgments, encumbrances or liens whatsoever created.
SECTION 3. The tax levied by this act shall be due and payable monthly on the first day
of the month next succeeding the month in which the phosphate rock, ore, or other phosphate
bearing material is severed form the soil, whether before processing or after processing or after
processing as the case may be. For the purpose of ascertaining the amount of tax payable it shall
be the duty of all operators in Giles County to transmit to the county clerk on or before the
fifteenth (15th) day of the month next succeeding the month in which the tax accrues, a return
upon forms provided by him. The return shall show the month or period covered, the total
number of tons of phosphate rock, ore, or other phosphate bearing material severed from each
production unit operated, owned or controlled by the taxpayer during the period covered, the
amount of the tax and such other information as the county clerk may require. The return shall
be accompanied by a remittance covering the amount of tax due as computed by the taxpayer.
SECTION 4. The tax levied by this act shall become delinquent on the sixteenth (16th)
day of the month next succeeding the month in which such tax accrues. When any operator shall
fail to make any return and pay the full amount of the tax levied on or before such date there
shall be imposed, in addition to other penalties provided herein, a specific penalty in the amount
139
of ten percent (10%) of the tax due. Whenever a penalty is imposed there shall also be added to
the amount of tax and penalty due interest thereon at the rate of six percent (6%) per annum from
the date due until paid. A further penalty of fifty percent (50%) of the amount due may be added
if the nonpayment of the tax is due to an intent to evade payment. If the nonpayment of the tax
is due to an intent to evade payment, the person liable for such payment may be restrained and
enjoined form severing phosphate rock, ore, or other phosphate bearing material from a
production unit from which such rock, ore, or material has been severed and sold an upon which
the tax is due. Restraint proceedings shall be instituted in the name of the county be the District
Attorney General for Giles County upon the request of the county clerk.
All such penalties and interest imposed by this act shall be payable to an collectible by
the county clerk in the same manner as if they were a part of the tax imposed and shall be
retained by the office of the county clerk to help defray the expenses of administration and
collection.
Any person required by this act to make a return, pay a tax, keep records, or furnish
information deemed necessary by the county clerk for the computation, assessment, or collection
of the tax imposed by this act who fails to make the return, pay the tax, keep the records, or
furnish the information at the time required by law or regulation is, in addition to other penalties
provided by law, guilty of a misdemeanor and upon conviction is punishable by a fine of not
more than one thousand dollars ($1,000), or by imprisonment for not more than one (1) year or
both.
Any person who willfully or fraudulently makes and signs a return which he does not
believe to be true and correct as to every material fact is guilty of a felony and subject to the
penalties prescribed for perjury under the laws of this state. For the purposes of this section the
word "person" also includes an officer or employee of a corporation or member or employee of a
partnership who is under duty to perform the act in respect to which the violation occurs.
SECTION 5. When any person shall fail to file any form, statement, report or return
required to be filed with the county clerk, after being given written notice of same, the clerk is
authorized to determine the tax liability of such person from whatever source of information may
be available to him. An assessment made by the county clerk pursuant to this authority shall be
binding as if made upon the sworn statement, report or return of the person liable for the
payment of such tax; and any person against whom such an assessment is lawfully made shall
thereafter be estopped to dispute the accuracy thereof except upon filing a true and accurate
return together with such supporting evidence as the county clerk may require indicating
precisely the amount of the alleged inaccuracy.
SECTION 6. All revenues collected form the severance of phosphate rock, ore, or other
phosphate bearing material in Giles County less an amount of three percent (3%) of the tax and
all of the penalties and interest collected, which shall be retained by the office of the county clerk
and credited to its current service revenue to cover the expenses of administration and collection,
shall be remitted by the county clerk to Giles County. These revenues shall become a part of the
general funds of Giles County, subject to appropriation by the county legislative body.
Any adjustment of taxes, penalties or interest with Giles County which is deemed
necessary in order to correct any error may be made on a subsequent disbursement to that
county.
140
SECTION 7. This act shall have no effect unless it is approved by a two-thirds (2/3)
vote of the county legislative body of Giles County before September 1, 1985. Its approval or
nonapproval shall be proclaimed by the presiding officer of the Giles County legislative body
and certified by him to the Secretary of State.
141
TAXATION
MOTOR VEHICLE TAX
CHAPTER 122
SECTION 1. For the privilege of using the public roads and highways, except
state-maintained roads, in Giles County, Tennessee, there is levied upon motor-driven vehicles
and upon the privilege of the operation thereof, except farm tractors, self-propelled farm
machines not usually used for operation upon public highways or roads, motorcycles,
motor-driven vehicles owned by any governmental agency or governmental instrumentality, a
special privilege tax for the benefit of such county, which tax shall be in addition to all other
taxes, and shall be in the amount of Ten Dollars ($10.00) for each such motor-driven vehicle.
This tax applies to, is a levy upon, and shall be paid on each motor-driven vehicle, the
owner of which lives within, or usually stays within, or who operates such a motor-driven
vehicle on, over, or upon the streets, roads, or highways of said county, state-maintained roads
excluded, for a period of as many as thirty (30) days, during any year hereafter, beginning March
1st and ending the next succeeding April 15th.
It shall be and is hereby declared a misdemeanor and punishable as such for any owner of
a vehicle to operate any motor-driven vehicle over the streets, roads, or highways of such county,
state-maintained roads excluded, without the payment of the tax herein provided having been
made as herein required, prior to such operation thereof. Provided further that nothing in this
Act shall be construed as permitting and authorizing the levy of and the collection of a tax
against non-residents of the county to which this Act applies and to owners of such vehicles
using the streets, roads, and highways of such county, who live or reside without the bounds of
said county, but who do not come within the provisions of this Act, and within a reasonable
construction of the provisions hereof.
SECTION 2. The tax herein levied shall be paid to and collected by the county court
clerk of Giles County, who shall collect this tax at the same time he collects the state privilege
tax levied upon the operation of a motor-driven vehicle over the public highways of this State.
The clerk of Giles County shall not issue to a resident of such county, a State license for the
operation of a motor-driven vehicle taxable hereunder, unless, at the same time, such owner shall
purchase the license or pay the privilege tax levied hereunder, for the operation of each of his
motor-driven vehicles under the provisions of this Act.
Payment of the privilege tax imposed hereunder shall be evidenced by a receipt, issued in
duplicate by the clerk, the original of which shall be kept by the owner of the motor-driven
vehicle, and by a decal or emblem, also issued by the clerk, which decal or emblem shall be
displayed by affixing the same on and to the lower right-hand side of the windshield of the
motor-driven vehicle for which same was issued.
The design of the decal or emblem shall be determined by the clerk and the expense
incident to the purchase thereof, as well as the expense of obtaining proper receipts and other
142
records necessary for the performance of the duties herein and hereby incumbent upon the clerk
shall be paid from the general funds of the county.
The privilege tax or wheel tax herein and hereby levied, when paid together with full,
complete, and explicit performance of and compliance with all provisions of this Act, by the
owner, shall entitle the owner of the motor-driven vehicle for which said tax was paid, and on
the windshield of which the decal or emblem has been affixed as herein provided, to operate this
vehicle over the streets, roads, and highways of the county from March 1st of each year to the
next succeeding April 15th. When a motor-driven vehicle becomes taxable under the terms and
provisions of this Act, at a later date than April 15th, of each year, the same proportionate
reduction shall be made as to the cost of privilege tax or wheel tax, or the amount to be paid into
the hands of the clerk therefor, as is now made in the issuance of the privilege tax payable to the
State of Tennessee and collected by the clerk, under the provisions of the general laws of this
State.
For his services in collecting the aforesaid tax, and in issuing the receipt therefor and
delivering the decal or emblem to the owner, he shall be entitled to a fee of twenty-five cents
(25¢). The clerk will faithfully account for, make proper reports of, and pay over to the Trustee
of the county at monthly intervals, all funds paid to and received by him for the aforesaid
privilege tax, or wheel tax. It shall be and is hereby declared a misdemeanor and punishable as
such for any motor-driven vehicle, taxable hereunder, to be driven or impelled over or upon the
streets, roads, or highways of the county to which this Act is applicable, state-maintained roads,
excluded, without payment of this privilege tax levied hereunder and without full and complete
compliance with all provisions hereof.
In the event any motor-driven vehicle for which the privilege tax or wheel tax has been
paid and the emblem or decal issued and placed thereon, becomes unusable, or is destroyed or
damaged to the extent that this motor- driven vehicle can no longer be operated as such, and the
owner ceased to operate same on the public roads, streets, or highways of said county, or in the
event the owner transfers the title to the motor-driven vehicle, and completely removes
therefrom and destroys the emblem or decal issued and placed thereon or affixed thereto, and the
owner makes proper application for the issuance of a duplicate decal or emblem to be used by
him on the sale or on another motor-driven vehicle for the unexpired term for which the original
decal or emblem was issued, and the Clerk is satisfied that this owner is entitled to the issuance
of such a duplicate decal or emblem, and the owner pays into the hands of the clerk the sum of
twenty-five cents (25¢), the clerk will then issue to such owner a duplicate receipt, cancelling the
original receipt delivered to him by the owner, and will deliver to the owner a duplicate decal or
emblem which shall be affixed to the windshield of the motor-driven vehicle for which it is
issued, as hereinabove provided, and this shall entitle the owner to drive the vehicle on the
streets, roads, and highways of such county until the next following April 15th. Likewise, in the
event a decal or emblem becomes obliterated, erased, or defaced or is destroyed under the
provisions of this Act, and is therefore illegible and unusable by the owner, upon proper
application made by the owner and filed with the clerk, showing such circumstances and facts to
be true, then the clerk, upon receipt from the owner of twenty-five cents (25¢), may issue and
deliver to the owner, a duplicate decal or emblem.
SECTION 3. The tax levied under the Chapter shall be collected for the tax year
beginning March 1, 1974 and for every year thereafter.
143
SECTION 4. The proceeds of the tax herein and hereby imposed, when collected by the
clerk, and paid into the hands of the Trustee of the county, shall be used only and applied to:
50% to the County Road Fund for Giles County and 50% to the Giles County Ambulance
Service.
SECTION 5. Any person violating the provisions of this Act, or of any part thereof,
shall, upon conviction, be fined not less than Five Dollars ($5.00) nor more than Fifty Dollars
($50.00).
SECTION 6. It is the intent of the General Assembly of the state of Tennessee, that this
Act be construed as a measure providing for additional revenue for the county affected.
SECTION 7. This Act shall have no effect unless it is approved by a majority of the
number of qualified voters of Giles County voting in an election on the question of whether or
not the Act should be approved. Within sixty (60) days after this Act becomes a law, the county
election commissioners of Giles County shall call an election for Giles County, to be held not
less than thirty (30) days, nor more than one hundred eighty (180) days from the date of the call.
The ballots used in the election shall have printed on them the substance of this Act and voters
shall vote for or against its approval. The votes cast on the question shall be canvassed and the
results proclaimed by the county election commissioners and certified by them to the secretary of
state as provided by law in the case of general elections. The qualifications of voters voting on
the question shall be the same as those required for participation in general elections. All laws
applicable to general elections shall apply to the determination of the approval or rejection of
this Act. The cost of the election shall be paid by Giles County.
144
TAXATION
ORDINARY PURPOSE TAX
CHAPTER 216
SECTION 1. That the Quarterly County Court of Giles County, Tennessee, be and the
same is, hereby authorized and empowered to levy for county ordinary purposes a tax not
exceeding 50¢ on the $100.00 on all property assessed for taxation in said County.
SECTION 2. That this Act shall not become effective unless and until the same has been
ratified and approved by the Quarterly County Court of Giles County, Tennessee, by a two-thirds
majority of the justices present and voting at any meeting at which this Act may be submitted for
ratification and approval.
SECTION 3. That this Act insofar as the General Assembly of Tennessee is concerned,
take effect from and after its passage, the public welfare requiring it.
HOUSE OF REPRESENTATIVES
STATE OF TENNESSEE
NASHVILLE
Buchanan Loser
Chief Clerk
Nashville, Tennessee
March 10, 1955
Honorable G. Edward Friar
Secretary of State
Nashville, Tennessee
Dear Mr. Friar:
I, Buchanan Loser, Chief Clerk of the House of Representatives of the State of

Tennessee, certify that on the 3rd of March, 1955. House Bill No. 610 was presented to the
Governor for his signature; that on the 9th day of March, 1955, the Governor returned said Bill
to the House, he having failed to return same to the House within five days (Sunday excepted),
the same became a law without his signature.
Buchanan Loser,
Chief Clerk, House of Representatives.
145
TAXATION
Most of the general law on taxation can be found in title 67 of Tennessee Code
Annotated. The chief revenue source for county government is the ad valorem tax on real and
personal property. The statutes dealing with the county property tax, including assessment, levy,
collection, and enforcement, are found in title 67, chapter 5. Assessments are reviewed by the
county board of equalization, which is covered by title 67, chapter 5, part 14. Another large
source of county revenue is the local option sales tax. The authority for the local option sales tax
is codified at T.C.A. title 67, chapter 6, part 7. While the property tax may be levied by the
county legislative body alone, the local sales tax must be approved by the qualified voters in a
referendum. Other general law granting taxing authority for counties may be found in other
sections of the code. These may be found through use of the combined general index to the
Tennessee Code Annotated. In some areas private acts may be used for authority to levy a tax at
the county level. The revenue sources available to county governments, and the authority for
such taxes and fees either in general law or private acts, are summarized in the CTAS
publication County Revenue Manual.
The following is a listing of acts pertaining to taxation in Giles County which are no
longer effective. Also referenced below is an act which repealed prior law without providing
1. Private Acts of 1861, Chapter 1, authorized the Giles County Court to levy and collect a
tax for the manufacture of firearms, gunpowder, and other munitions which would be
applied to all taxable property.
2. Private Acts of 1931, Chapter 223, created a position of Delinquent Poll Tax Collector
for all counties between 22,193 and 30,000 population, 1930 Federal Census, or
subsequent. He would be appointed by the county judge, or chairman for two years,
would get the usual fee plus seventy cents, take an oath to perform the duties of the office
and made a bond in the amount of $1,000. The County Trustee would furnish him with a
list of those who were delinquent in paying their poll tax.
3. Private Acts of 1931, Chapter 518, amended Private Acts of 1931, Chapter 223, Section 2
by defining when the poll tax would be delinquent and amended Section 3 by making it
the duty of the collector who knows of any male citizen, liable to pay but not assessed, to
add him to the delinquent rolls and proceed against him as he does against other
delinquents.
4. Private Acts of 1931, Chapter 757, repeals Chapter 223, as amended, specifically, and
expressly restores all private acts on this subject which may have been repealed or
superseded by it.
146
PARALLEL REFERENCE TABLE
147
______________________________________________________________________________
YEAR ACT CHAPTER PAGE
1809 Private 49 66
1809 Private 55 50
1809 Private 77 93
1809 Private 93 16,60
1811 Private 13 56
1811 Private 44 26
1812 Private 71 66
1812 Private (Ex. Sess.) 10 93
1813 Private 129 97
1813 Private 134 16
1815 Private 26 26
1815 Private 44 26
1815 Private 173 26
1815 Private 193 26
1817 Private 18 26
1817 Private 19 97
1817 Private 65 66
1817 Private 128 60
1817 Private 138 16
1819 Private 62 60
1819 Private 69 97
1819 Private 70 27
1820 Private (Ex. Sess.) 63 27,97
1821 Private 77 16
1821 Acts 6 107
1822 Private 1 98
1822 Public (Ex. Sess.) 13 62
1823 Private 235 93
1824 Public (Ex. Sess.) 14 62
1827 Private 4 115
1827 Private 97 112
1827 Private 201 56
1827 Public 79 62
1830 Private 102 16
1831 Private 16 93
1831 Private 45 30
1831 Private 57 62
1831 Private 129 27
1833 Private 71 98
148
1833 Private 260 93
1835 Public 4 62
1835 Public 5 66
1835-36 Private 136 30
1836 Private 35 56
1837-38 Private 116 67
1837-38 Private 157 27
1837-38 Private 263 27
1837-38 Private 294 6,27
1839-40 Private 99 107
1840-41 Private 119 67
1840-41 Private 130 107
1840-41 Private 179 56
1842 Private 34 27
1843-44 Private 89 27
1843-44 Private 194 27
1845-46 Private 21 67
1845-46 Private 150 30
1847-48 Private 23 93
1847-48 Private 213 30
1849-50 Private 110 56
1849-50 Private 174 94
1851-52 Private 178 62
1851-52 Private 315 107
1853-54 Private 55 63,67
1853-54 Private 130 56
1853-54 Private 317 28
1855-56 Private 150 63,67
1855-56 Private 218 107
1856 Private 253 13
1857-58 Private 5 13
1857-58 Private 20 13,17
1857-58 Private 88 63
1857-58 Private 98 67
1859-60 Private 125 67
1859-60 Private 145 30
1861 Private 48 98
1861 Private 1 131
1861 Public 49 67
1865 Private 34 98
1865 Private 37 67
1867-68 Private 20 56
1867-68 Private 47 13
1867-68 Private 64 63
1868-69 Private 39 56
1868-69 Private 42 28
1868-69 Private 25 28
1868-69 Private (2nd Ex. Sess.) 40 111
1869-70 Private 6 28
149
1869-70 Private 49 28
1870 Private 34 52
1870 Private 46 67
1870 Private 47 63
1870 Private (3rd Ex. Sess.) 18 56
1870 Private (3rd Ex. Sess.) 55 63
1870 Public 32 63
1871 Private 73 71
1873 Private 27 98
1873 Public 25 94
1875 Private 48 28
1877 Private 143 71
1877 Private 155 57
1879 Private 21 57
1879 Private 57 57
1879 Private 137 57
1879 Private 147 67
1883 Private 46 42
1883 Private 77 14
1885 Private (Ex. Sess.) 20 63,67
1887 Private 5 63
1887 Private 35 42
1887 Private 54 68
1887 Private 205 53
1889 Private 128 41
1891 Private 131 98
1891 Private 230 63
1893 Private 10 68
1893 Private 15 41
1893 Private 77 7,9
1895 Private 127 41
1895 Private 155 94
1893 Private 15 41
1897 Private 285 41
1897 Private 322 68
1899 Private 72 41
1899 Private 409 68
1899 Private 427 63,68
1901 Private 136 107
1901 Private 256 57
1901 Private 308 57
1901 Private 382 68
1901 Private 448 47
1901 Private 494 63
1903 Private 18 68
1903 Private 147 41
1903 Private 169 41
1903 Private 255 70
1905 Private 28 57
150
1905 Private 294 41
1905 Private 306 41
1905 Private 386 87
1905 Private 478 107
1907 Private 76 87
1907 Private 236 94
1907 Private 424 107
1909 Private 39 46
1909 Private 40 7,14
1909 Private 101 57
1909 Private 312 94
1909 Private 348 14
1909 Private 377 42
1911 Private 376 60
1911 Private 564 94
1913 Private 187 108
1913 Private 191 47
1913 Private (Ex Sess) 11 108
1915 Private 104 43
1915 Private 156 63
1915 Private 384 57
1917 Private 56 28,81
1917 Private 346 14
1917 Private 388 118,119
1917 Private 527 42
1917 Private 583 118,119
1917 Private 599 45
1917 Private 642 105,108
1917 Private 807 29
1919 Private 190 108
1919 Private 274 28
1919 Private 375 42
1921 Private 76 31
1921 Private 252 108
1921 Private 271 43
1921 Private 413 88
1921 Private 494 115
1921 Private 557 118,119
1921 Private 587 28
1921 Private 601 28
1921 Private 609 108
1921 Private 610 29
1921 Private 657 70
1921 Private 778 46
1921 Private 779 47
1921 Private 946 115
1923 Private 35 17
1923 Private 481 43
1923 Private 491 87,88
1923 Private 559 96
151
1923 Private 605 108
1925 Private 267 20
1925 Private 390 12
1925 Private 640 57
1927 Private 22 29
1927 Private 148 70
1927 Private 472 43
1927 Private 477 33
1927 Private 666 92
1927 Private 667 60
1927 Private 822 46
1929 Private 460 42
1929 Private 514 88
1929 Private 919 29
1929 Private (Ex. Sess.) 17 86,88
1931 Private 63 46
1931 Private 223 131
1931 Private 229 46
1931 Private 255 3
1931 Private 518 131
1931 Private 730 15
1931 Private 757 131
1931 Public (2nd Ex. Sess.) 38 64,68
1933 Private 264 29
1933 Private 350 29
1933 Private 391 21
1933 Private 870 115
1933 Private 871 42
1933 Private 874 108
1935 Private 341 29
1935 Private 342 29
1935 Private 355 87
1935 Private 393 89,91
1935 Private 545 87,88,94
1935 Private 551 47
1935 Private 638 29
1935 Public 151 72
1937 Private 90 30,104,105,108,109
1937 Private 94 87,94
1937 Private 156 48
1937 Private 194 48
1937 Private 209 61
1937 Private 370 48
1937 Private 371 47
1937 Private 372 48
1937 Private 834 87
1937 Private 851 87,88
1939 Private 41 47
152
1939 Private 44 48
1939 Private 243 42
1939 Private 254 96
1939 Private 256 12
1939 Private 415 102,109
1939 Public 119 68
1941 Private 445 46
1943 Private 85 84,88
1943 Private 86 87,88,94
1943 Private 87 65
1943 Private 184 47
1943 Private 186 9,73,79
1943 Private 387 84,88
1943 Private 408 48
1945 Private 70 45
1945 Private 71 45
1945 Private 156 84,88
1945 Private 300 100
1945 Private 419 46
1945 Private 598 61
1945 Public 12 64
1947 Private 66 46
1947 Private 107 47
1947 Private 108 46
1947 Private 693 87,88
1947 Private 847 14
1947 Private 876 89,91
1947 Public 8 91
1949 Private 76 74,76,77,79
1949 Private 77 91
1949 Private 78 18,117
1949 Private 89 25
1951 Private 126 91
1951 Private 127 25
1951 Private 128 29,30
1951 Private 164 74,75
1951 Private 196 90
1951 Private 408 11
1951 Private 409 14
1951 Private 445 60,61
1953 Private 124 29
1953 Private 125 30,105,109
1953 Private 135 61
1953 Private 369 76
1955 Private 148 17
1955 Private 151 109
1955 Private 216 130
1957 Private 35 90
1957 Private 36 11
1957 Private 37 105,109
153
1957 Private 63 118,119
1957 Private 64 119
1957 Private 87 30
1961 Private 63 119
1961 Private 64 105
1961 Private 65 11
1963 Private 71 30
1963 Private 89 14
1963 Private 244 42
1964 Private 44 17
1965 Private 44 11
1965 Private 45 119
1965 Private 46 105
1965 Private 47 109
1967 Private 57 81
1967 Private 222 84,88
1967 Private 276 74,79
1967 Private 489 102
1967 Private 490 81
1967-68 Private 275 79
1968 Public 467 68
1969 Public 265 68
1970 Public 513 69
1973 Private 21 119
1973 Private 122 127
1973 Private 158 7,9,10
1973 Public 156 54
1974 Private 217 83,84,88
1974 Private 309 10
1974 Private 679 88
1974 Public 518 55
1974 Public 703 42
1974 Public 711 69
1978 Public 934 16
1985 Private 46 84
1985 Private 91 124
1992 Private 195 31
1992 Public 535 85
1996 Private 133 120
1997 Private 80 59
2001 Private 60 26
2004 Private 123 81
2005 Private 71 11
154

Giles Co - 2007

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PRIVATE ACTS

COUNTY TECHNICAL ASSISTANCE SERVICE

Revised and Edited By

County government in Tennessee is a political subdivision of state government. As a

CHAPTER II - ANIMALS AND FISH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

CHAPTER III - BOND ISSUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

CHAPTER V - COURT SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

CHAPTER VII - ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

CHAPTER VIII - HEALTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

CHAPTER IX - HIGHWAYS AND ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116

CHAPTER X - LAW ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

CHAPTER XI - TAXATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

PARALLEL REFERENCE TABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

The County Financial Management System of 1981 is codified at T.C.A. § 5-21-101 et

PRIVATE ACTS OF 1931

Passed: March 21, 1931.

PRIVATE ACTS OF 1893

As amended by: Private Acts of 1973, Chapter 158.

As amended by: Private Acts of 1973, Chapter 158.

As amended by: Private Acts of 1909, Chapter 40.

Passed: March 16, 1893.

PRIVATE ACTS OF 1973

Passed: May 3, 1973

COUNTY EXECUTIVE TITLE REDESIGNATED

PRIVATE ACTS OF 2005

SECTION 1. Pursuant to Tennessee Code Annotated, Section 5-6-101(d)(2), the title of

Passed: May 27, 2005.

COUNTY FARM, COURTHOUSE, AND JAIL FUND

PRIVATE ACTS OF 1931

Passed: July 2, 1931.

COUNTY LEGISLATIVE BODY

PRIVATE ACTS OF 1949

Passed: January 28, 1949.

PRIVATE ACTS OF 1925

Passed: March 18, 1925.

PRIVATE ACTS OF 1933

Passed: April 6, 1933.

The County Financial Management System of 1981 is found in T.C.A. §§ 5-21-101

Under the County Financial Management System of 1981, a finance department is

SOUTHERN WATER AUTHORITY

PRIVATE ACTS OF 2001

SECTION 1. Purpose and creation of Authority.

(a) A governmental authority to be known as the “Southern Water Authority” is hereby

(2) “Board” means the Board of Directors of the Authority;

(4) “County” means Giles County, Tennessee;

(11) “State” means the State of Tennessee; and

SECTION 3. Board of Directors.

(c) All vacancies on the Board shall be filled as follows:

SECTION 4. Powers of the Authority.

SECTION 5. Condemnation and eminent domain.

SECTION 6. Rates sufficient to pay costs and retire bonds.

SECTION 7. Notes of the Authority.

SECTION 8. Bonds of the Authority.

SECTION 9. Refunding bonds of the Authority.

(1) The principal amount of the bonds being refinanced;

(7) Expenses, premiums, and commissions of the Authority, including bond

SECTION 10. Security for payment of bonds and notes.

SECTION 11. Exemption from taxation and State regulation.

SECTION 12. Liability and indebtedness of political subdivisions.

SECTION 13. Disposition of Funds.

SECTION 14. Budget; annual audits; contracting procedures; personnel procedures.

SECTION 15. Powers of the districts.