Oath of Office

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  1. Except as provided in subsection (b), every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.
  2. In counties having a population of:

    not less than  nor more than

    3,700 4,700

    6,000 7,800

    8,400 8,500

    8,535 8,540

    9,200 9,570

    10,770 10,780

    11,500 11,511

    11,512 11,550

    11,700 11,900

    12,060 12,500

    12,550 13,000

    14,500 14,600

    15,300 15,500

    15,750 16,000

    17,000 17,350

    18,000 18,200

    18,300 18,900

    19,000 19,100

    19,130 19,140

    21,000 21,500

    21,600 22,300

    23,200 23,350

    23,355 23,391

    23,391 23,450

    23,500 23,750

    24,000 24,255

    25,600 27,500

    27,900 28,000

    28,555 28,600

    28,825 28,827

    29,250 31,250

    31,260 33,000

    33,700 34,000

    35,480 41,800

    41,900 50,000

    57,550 59,400

    59,500 60,050

    60,600 62,000

    64,000 65,000

    101,000 118,400

    118,700 200,000

    according to the 1960 federal census or any subsequent federal census, and in Fentress County and Hamblen County, every constable shall take an oath that the constable will well and truly serve the state in the office of constable; that the constable will cause the peace of the state to be kept, to the best of the constable's power; that the constable will arrest all such persons as go in the constable's sight armed offensively, or who commit any riot, affray, or other breach of the peace, or will use the constable's best endeavor, on complaint made, to apprehend all felons, rioters, or persons riotously assembled; and that, if such persons flee or make resistance, the constable will pursue, and make hue and cry, according to law; that the constable will faithfully, and without delay, execute and return all lawful process directed to the constable; and that the constable will well and truly, according to the constable's power and ability, do and execute all other duties of the office of constable.

  3. The oath of office may be administered to the constable by any judge of the court of general sessions or other judicial officer of the constable's county.
  4. Notwithstanding any other law or interpretation thereof to the contrary, the constables in counties having a population of not less than thirteen thousand five hundred sixty-five (13,565) nor more than thirteen thousand six hundred (13,600), according to the 1980 federal census or any subsequent federal census, shall continue to be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201.
  5. Notwithstanding any other law to the contrary, the constables in counties having a population of not less than seventeen thousand four hundred seventy-five (17,475) nor more than seventeen thousand five hundred seventy-five (17,575), according to the 2000 federal census or any subsequent federal census, shall be vested with all law enforcement powers and authority conferred upon other constables by subsection (b) and  §§ 39-17-505, 40-6-210, 40-6-212, 55-8-152, 57-9-101, 57-9-103 and 57-9-201.

Code 1858, §§ 388, 389 (deriv. Acts 1741, ch. 5, §§ 2, 6); Shan., §§ 479, 480; Code 1932, §§ 726, 727; Acts 1969, ch. 160, § 1; 1969, ch. 319, §§ 2, 4; 1970, ch. 383, § 1; 1970, ch. 384, § 1; 1970, ch. 496, § 1; 1970, ch. 588, §§ 1, 2; 1971, ch. 53, § 2; 1971, ch. 231, § 1; 1972, ch. 472, § 1; 1973, ch. 197, § 1; 1973, ch. 382, § 1; 1973, ch. 389, § 1; 1974, ch. 631, §§ 1, 2; Private Acts 1976, ch. 242, § 1; Private Acts 1976, ch. 293, § 1; Acts 1977, ch. 239, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-1008; Acts 1982, ch. 881, § 1; 1983, ch. 339, § 1; 1987, ch. 59, § 1; 1991, ch. 9, § 3; 1992, ch. 973, § 2; Private Acts 1994, ch. 191, § 1; Acts 1996, ch. 553, § 2; 1996, ch. 675, § 11; 1996, ch. 753, § 1; 2004, ch. 450, § 2.

Compiler's Notes. Acts 1983, ch. 339, § 3 provided that the amendment by that act would have no effect unless approved by a two-thirds vote of the county legislative body of any county to which it applied and that its approval or nonapproval should be proclaimed by the presiding officer of the county and certified by the presiding to the secretary of state. The amendment was approved July 9, 1983.


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