- (a) All officers and other persons so employed to control and manage the penitentiary for the state shall, before entering upon the discharge of their duties, take and subscribe the following oath:
I do solemnly swear (or affirm) that I will fully, faithfully, impartially, and diligently perform all the duties required of me as ______________ in the penitentiary; that I will execute the laws and regulations prescribed for the government of the institution, so far as concerns my office; that I will accept no bribe, or other compensation during my continuance in office, other than such compensation as is allowed by law; and that I will, on no occasion, ill treat or abuse any convict under my care, beyond the punishment ordered by law, or the rules and regulations of the institution.
- (b) The oaths of the assistant or deputy commissioners, wardens and superintendents shall be filed with the secretary of state. The oaths of all other employees shall be filed with the commissioner of correction.
- (c) The violation of this oath by any of the officers or employees shall be perjury, punishable as in other cases of perjury.
Code 1858, § 5453; Acts 1871, ch. 94, § 8; impl. am. Acts 1883, ch. 171, § 20; Acts 1895 (Ex. Sess.), ch. 7, § 9; Shan., § 7461; mod. Code 1932, § 12064; T.C.A. (orig. ed.), § 41-103; Acts 1984, ch. 659, § 1.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 2000–2025 · leading case:
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001).
Pendleton v. Mills, 73 S.W.3d 115 (Tenn. Ct. App. 2001).
· cites it 2× “"While the appellate record contains voluminous evidentiary matters beyond the pleadings themselves, none of this mountain of material relates to these two claims. Accordingly, in the absence of the trial court’s explanation of the basis for its decision to dismiss these claims,…”
Perkins v. Hininger (M.D. Tenn. 2023).
· cites it 4× “Section 41-1-103 requires individuals employed to “control and manage the penitentiary for the state” to take an oath swearing or affirming that they will faithfully and diligently execute the laws and regulations prescribed for their office.”
for the Est. of Brent Richardson v. Tennessee (W.D. Tenn. 2025).
· cites it 4× “City of Jackson, sued in this matter; (4) Plaintiff’s official capacity claims against Defendants Leeds and Smith are redundant in that official capacity claims against individual defendants are really claims against the defendant corporation; and (5) Plaintiff has failed to…”
Michael Mosby v. Roland Colson (Tenn. Ct. App. 2006).
· cites it 2× “§ 1983 alleging retaliation in violation of the First Amendment of the United States Constitution, Substantive Due Process, Indirect Participation, Acts of Omissions, State Created Protected Interest, Conspiracy, Denial of equal protection of the law, T.C.A. § 41-1-103,…”
James Clark v. Jim Rose (Tenn. Ct. App. 2002).
· cites it 2× “Tenn. Code Ann. § 41-1-103 (1) (1997). Additionally, Appellant asserts that [i]n an attempt to comply with the requirements of [Tenn.”
Tenn. Code Ann. § 41-1-103(a): 2 cases
Perkins v. Hininger (M.D. Tenn. 2023).
“Section 41-1-103 requires individuals employed to “control and manage the penitentiary for the state” to take an oath swearing or affirming that they will faithfully and diligently execute the laws and regulations prescribed for their office.”
Tenn. Code Ann. § 41-1-103(b): 1 case
Perkins v. Hininger (M.D. Tenn. 2023).
“Section 41-1-103 requires individuals employed to “control and manage the penitentiary for the state” to take an oath swearing or affirming that they will faithfully and diligently execute the laws and regulations prescribed for their office.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.