If the clerk or other officer who takes the probate or acknowledgment of a deed or other instrument fails or refuses to comply with and discharge the duties required of the clerk or officer, the clerk or officer shall forfeit and pay the sum of one hundred dollars ($100) for the use of the county in which the clerk or officer resides, which may be recovered by action of debt, in the name of the trustee of the county, in the circuit or chancery court; and the clerk or officer shall, moreover, be liable to the party injured for all damages the clerk or officer may sustain by such failure or refusal, together with costs, to be recovered by action on the case in the circuit or chancery court.
Code 1858, § 2089 (deriv. Acts 1833, ch. 92, § 18); Shan., § 3769; mod. Code 1932, § 7680; T.C.A. (orig. ed.), § 64-2213.
Structure 2021 Tennessee Code
Chapter 22 - Acknowledgment of Instruments
§ 66-22-102. Persons Authorized to Take Acknowledgments Within State
§ 66-22-103. Acknowledgment in Other States or Territories
§ 66-22-104. Acknowledgment in Foreign Countries
§ 66-22-105. Authentication of Instruments by or to County Clerk
§ 66-22-106. Postponement Pending Identification
§ 66-22-107. Form of Certificate of Acknowledgment
§ 66-22-108. Acknowledgment for Record of Corporate or Partnership Instrument
§ 66-22-109. Acknowledgment of Married Person
§ 66-22-110. Acknowledgments Under Seal
§ 66-22-111. Entry of Probate or Acknowledgment
§ 66-22-113. Liability of Officer for Failure to Carry Out Duties