Duties

  1. Law
  2. Tennessee Code
  3. Public Officers and Employees
  4. Constables
  5. In General
  6. Duties

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  1. It is the duty of a constable to execute all process lawfully directed to the constable, and to wait upon the court, when appointed by the county legislative body or by the sheriff, as the case may be.
    1. In counties governed by a metropolitan government as provided for by title 7, chapters 1-3, any constable to whom a precept or process is directed by a judge or clerk of a court of general sessions may perform the constable's duties relating thereto by delivering such precept or process within a reasonable time to the sheriff of the county, who shall serve such precept or process.
    2. Upon delivering the precept or process to the sheriff as provided in this subsection (b) and taking a receipt therefor, the constable will have performed the constable's function and duty relating thereto. Thereupon, the constable and the surety on the constable's bond shall be relieved of all liability for failure to serve the precept or process, and the constable shall not be subject to any penalty or fine for refusing or neglecting to serve such precept or process.
    3. Nothing in this subsection (b) shall change, alter, or diminish the duties of the constable under § 8-10-113.
    4. Duly elected constables when proceeding under this subsection (b) shall not accept any fees for their services.
    5. Proper action hereunder by any constable shall not constitute a failure to perform such constable's statutory duties and shall not act to vacate the office.
  3. All constables in counties having a population of not less than sixty-seven thousand five hundred (67,500) nor more than sixty-seven thousand six hundred (67,600), according to the 1980 federal census or any subsequent federal census, may serve summonses, garnishments, subpoenas, attachments and all other documents from the circuit and chancery courts.

Code 1858, § 397; Shan., § 488; Code 1932, § 734; Acts 1967, ch. 157, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 8-1011; Acts 1984, ch. 904, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Constable as conservator of the peace, §8-10-109.

Execution of process from other counties, §8-8-202.

Fees, §8-21-901.

Fine for failure to serve process, §8-10-115.

Grand jury process, §8-10-114.

Judgment on motion for misfeasance in office, §16-15-733.

Motion for summary judgment against constable, §§25-3-101 —25-3-105.

Penalty for improper conduct of sales, §8-10-116.

Service of process when employee of party to action prohibited, §§8-8-216,8-8-217.

Attorney General Opinions. Enforcement of statutory requirements for constables, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99).

Authority of constables without law enforcement powers, OAG 99-038, 1999 Tenn. AG LEXIS 61 (2/24/99).


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