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THE ATHENS GEORGIAN: SEPTEMBER 4, 1877.
wtemum
yens and nays in each House are
recorded.
Par. 13. All acts shall he signed
by the President of the Senate, and
the Speaker of the House of Repre
sentatives, and no bill, ordinance or
resolution intended to have the effect
of a law, which shall have been re
jected by either House, shall be again
proposed during the same session,
under the same or any other title,
without the consent of two-thirds
of the House by which the same .v:w
rejected.
Par. 14. No bill shad become a law
unless it shall receive a majority of
the votes of all members elected to
each House of the General Assembly,
and it shall in every instance so ap
pear on the journal.
Par. 15. All special or local bills
shall originate in the House of Repre
sentatives. The Speaker of the
House of Representatives shall, with
in tire days from the organization of
the General Assembly, appoint a
Committee consisting of one from each
Congressional District, whose duty it
shall be to consider and consolidate
all special and local bills, on the same
subject, and report the same to the
House; and no special or local bill
shall tie read or considered by the
House until the same has been repor
ted by said committee, unless by a
two-thirds vote. And no bill shall
be considered or reported to the
House by said committee, unless the
same shall have been laid before it
within fifteen days after the organiza
tion of the General Assembly; except
by a t wo-thirds vote.
Par. 16. No local or special bill
shall be ]>as.sud mil. ss notice of the
intention to apply therefor shall have
lieon published in the locality where
the matter or thing to be effected
tnnv be situated, which notice shall
Section IX. Paragraph 1. The per
diem of the members of the General
Assembly shall not exceed four dol
lars, and mileage shall not exceed ten
cents on each mile traveled by the
nearest practicable route, in going to
olid returning from the Capitrl; but
the President of the Senate and the
Speaker of the House of Representa
tives shall each receive not exceeding
seven dollars per day.
Section X. Paragraph 1. All elec
tions by the General Assembly shall
be viva voce, and the vote shall ap
pear on the journal of the House of
Representatives When the Senate
and House of Representatives unite
lor the purpose of elections, they
shall meet in the Representative
Hall, and the President of the Senate
shall, in such cases, preside and de
clare the result.
Section XI. Paragraph 1. All
property of the wife at the time ot her
marriage, and all property given to,
inherited or acquired by her, shall re
main her separate property, and
not be liable for the debts of her hus
band.
Section XII. Paragraph 1. All
life insurance companies now doing
business in this State, or which may
desire to establish agencies and do
business in the State ot Georgia,
chartered by oilier States of the
Union, or foreign Slates, shall show
that they have deposited with the
Comptroller-General of the State in
which they are chartered, or of this
State, the Insurance Commissioner,
or such other officer as may be an
thorized to receive it, not less than
<>ue hundred thousand-dollars, in such
securities as may be deemed by such
officer equivalent to cash, subject to
his order, as a guarantee fund for the
security cf policy holders.
Par. 2. When such showing is
regulate freight and passenger tariffs,
to prohibit unjust discriminations on
the various railroads'of this State,
and to prohibit said roads from
charging other than just and reasona
ble rates, aud enforce the eattic by
adequate penalties.
Prr. 2. The exercise of the right
of eminent domain shall never be
abridged, nor so construed as to pre-
jorityofthe whole number of votes
shall* be declared duly elected Gov
ernor of this State; but if no person
shall have such majority then from
the two persons having the highest
number of votes, who snail be in life,
aud shall not decline an-election at
the time appointed for the General
Assembly to elect, the General As
sembly shall immediately elect a Gov-
vent the General Assembly from tak-j ernor rir« t : oc« ; and in all cases of
ing the property and franchises of in- j election of a Governor by tlie General
corporated companies, and subjecting j Assembly a majority of the members
them to pnblic use, the same as the j present- shall be necessary to a
property of individuals; and the ex- choice
be given at least thirty days prior to . made to the Comptroll. r-Gencral of
the introdneton of such bill into the ! the State of Georgia bv a proper
General Assembly, and i i the manner ! certificate from the State official
to be prescribed by law. The evi
dence of such notice having been
published shall he exhibited in the
General Assembly before such act
shall be passed.
Par. 17. No law or section of the
Code shall be amended or repealed
by mere reference to its title or to
the number of the section of the
Code, but the amending or repealing
net shall destiuctiy describe the law
to be amended or repealed, as well as
the alteration to be made.
Par. 18. The General Assembly
shall have no |>6wcr to grant corpo
rate powers and privileges to private
companies except banking, insurance,
railroad, canal, navigation, express
and telegraph companies; nor to I
make or' change election precincts;
nor to establish bridges or ferries;
nor to change names or legitimatize
children; but it shall prescribe by
law the manner in which such
powers shall be exercised by the
Courts.
Pur. 19. The General Assembly
shall have no power to relieve prin
cipals or securities upon forfeited rec
ognizances, from the payment there
of, either before or after judgment
thereon, unless the principal in the
recognizance shall have been appre
hended and placed in the custody of
the proper officer.
Par. 20. The General Assembly
shall not authorize the construction
of any street passenger railway within
the limits of any incorporated town
or city, without the conscut of the
corporate authorities.
Par. 21. Whenever . the Constitu
tion requires a vote of-two-thirds of
cither or both Houses for the passing
of an act or resolution, the yeas and
nays on the passage thereof, shall be
entered on the journal.
Par. 22. The General Assembly
shall have power to make all laws
and ordinances consistent with this
Constitution, and not repugnant to
the Constitution of the United States,
which they shall deem necessary and
proper for the welfare of the State.
Par. 23. No provision in this Con
stitution for a two-thirds vote of both
Houses of the General Assembly shall
be construed to waive the necessity
for the signature of the Governor, as
in any other case, except in the case
of the two-thirds vote required to
override the veto, and in case of pro
longation of a session of the General
Assembly.
Par. 24. Neither House shall ad
journ for more than three days, or to
any other place, without the consent
of the other, and in case of disagree
ment between the two Houses, on a
question of adjournment, the Gov
ernor may adjourn either, or both of
them.
Section VIII. Paragraph 1. The
officers of the two Houses, other than
tie President and Speaker, shall be a
•Secretary of the Senate and Clerk of
Uk House of Representatives, and
each assistants as they may appoint;
4>*t the clerical expenses of the Sen
ate shall not exceed sixty dollars per
day. for each session, nor. those of
tbc House of Representatives seventy
dollars per day for'each session. The
Secretary of tlie Senate and Clerkjof
the House of RepresQiitaU*«_8ball be
required - to give bond and ^security
for tho faithful discharge of their re
spective duties
ercise of the pallet- power of the
State shall never be abridged, nor so
construed as to permit corporations
to conduct their business in such
manner as to infringe tlie equal rights -
of individuals, or the general well j
being of the State.
Par. 3. The General Assembly
shall not remit the forfeiture of the
charter of any corporation, now ex
isting, nor alter or amend the same,
nor pass any other general or special
law, for the benefit ot said corporation,
except upon the c ndilton that such
corporation shall thereafter hold its
charter subject to the provisions of
this Constitution ; and every amends
meat of any charter of any corpora
tion in this* State, or any special law
for its benefit, accepted thereby, shall
operate as a novation of said charter
aud shall bring the same under the
provisions of this Constitution ; Pro
vided, That this section shall not ex
tend to any amendment for the pur
pose of allowing any existing road to
take stock in or aid in tbc building of
any branch road.
Par. 4. The General Assembly of
this State shall have no power to au
thorize any corporation to buy shares,
oi stock, in any other cor|)oratioii,
in ibis State, or elsewhere, or to
make Any contract, or agreement
Par. 6 Contested elections shall be
determined by both Houses of the
General Assembly in such manner as
shall be prescribed by law.
Par. 7. No person shall be eligible
to the office of Governor who shall
not have been a citizen of the United
States fifteen years and a citizen of
the Statu six years, and who shall not
have attained the age of thirty years.
Par. 8. in case of the death, resig
nation or disability of the G »vernor,
the President of the Senate shall
exercise the Executive powers of the
government until such disability be
removed, or a successor is elected
and qualified. And in case of the
death, resignation or disability of the
President of the Senate, the Speaker
of the House of Representatives
shall exercise the Executive powers
of the government until the removal
of the disability, or the election and
qualification of a Governor.
Par. 9. The General Assembly
shall have power to provide by Jaw for
filling unexpired terms by special elec
tions.
Par. 10. The Governor shall, be
fore he enters on the duties of his
office, take the following oath or affir
mation : “I do solemnly swear (or
affirm as the case may be) that I will
faithfully execute the office of Gov
having charge of the fund so deposi
ted, the Comptroller-General of the
State of Georgia by a proper certifi
cate from the State official having
charge of the fund so deposited, the
Comptroller-General of the State of
Georgia is authorized to issue to the
company making such showing a
license to do business in the State,
upon paying the fees required by
law.
Par. 3. All insurance companies
chartered l»y the State of Georgia,
or which may hereafter be chartered
by the State, shall, before doing
business, deposit with the Comptrol
ler-Genera! of the State of Georgia,
or with some strong corporation,
which may lie approved by said
Comptroller-General, one hundred
thousand dollars, in such securities as
may be deemed by him to be eqniva
lent to cash, to be subject to his
order, as a guarantee fund for tlie
security of tbc policy holders of the
company making such deposit, all
interest and dividends arising from
such securities to be paid, when due
to the company so depositing. Any
such securities as may be needed or
desired by the company may be taken
from said department at any time by
replacing them with other securi'ics
equally' acceptable to the Comptroller-
General, whose certificate for the
same shall be furnished to the compa
ny.
Par. 4. The General Assembly
shall, from time to time, enact laws to
compel all fire insurance companies
doing business in this State, whether
chartered by this State, or otherwise,
to deposit reasonable securities with
the Treasurer of this State, to secure
the people against ioss by the opera
tions of said companies.
Par. 5. The General Assembly’
shall compel all insurance companies
in this State, or doing business there-
in, under proper penalties, to make
semi-annnal reports to the Governor^
and print the same at their own ex
pense, for the information and pro
tection of the people.
Article- IV—Ponrrof thtGrnrral AsM-mlily Orrr
Taxation.
Section I. Paragraph 1. Thu right
of taxation is a sovereign right—in
alienable, indestructible—is the life of
the Statu, and rightfully belongs to
the people in all republican govern
ments, and neither the General As
sembly, nor any nor all other depart
ments of the government established
by this Constitution shall ever have
the authority to irrevocably give,
grant, limit, or restrain this right;
and all laws, grants, contracts, and all
other acts whatsoever, by said gov-*
eminent, or any department thereof!
to effect any of these purposes, shall
be, and are hereby, declared to be
null and void, for every purpose
whatsoever, aud said right of taxation
shall always be under the complete
control of; and revocable by, the
State, notwithstanding any gift, grant
or contract '.whatsoever by the Gen
eral Assembly.
Section II. Paragraph 1. The
power and authority of regulating
railroad, freight and passenger tar
iffs, preventing unjust discriminations,
and requiring reasonable and just
rates of freight and passenger tariffs,
are-hereby conferredVupfa^Mjfe
eral Assembly, whose duty it shall bo
-to pass laws, from time -• ■*--
..
A' •«<*£*'
whatever, with any such corporation,; ernor of the State ot Georgia, and will,
which may have the effect, or be in- ! to the best ot my ability, preserve,
tended to the effect, to defeat or les- protect and defend the Constitution
sen competition, or to encourage
monopoly; and all such contracts and
agreements shall be illegal and void.
Par. f>. No railroad company shall
give, or pay, any rebate, or bonus in
the nature thereof, directly or indi
rectly, or do any act to mislead or
deceive the public as to the real rates
charged or received lor freights or
passage, and any such payment shall
be illegal and void, and these prohi
bitions shall be enforced by suitable
penalties. \
Par. 6. X o provi*fc>fc oftthis article
shall be deemed, hell or- t ikon to
impair the obligation of any contract
heretofore made bv the State of Geor
gia.
Par. 7. The General Assembly
shall enforce the provisions of this
article by appropriate legislation.
Article Y—Kxceatlre Department.
Section I. Paragraph 1. The offi
cers of the Executive Department
shall consist of a Governor, Secretary
of State, Comptroller-General and
Treasurer.
Par. 2. The Executive power shall
be invested in a Governor, who shall
hold his office during the term of two
years, and until his successor shall he
chosen and qualified. He shall not
be eligible to re-election, after the
expiration of a second term, for the
period of four yerrs. He shall have
a salary of three thousand dollars
/tor annum (until otherwise provided
by a law passed by a two-thirds vote,
of both branches of the General As
sembly,) which shall not be increased
or diminished during the period for
which he shall have been elected ; nor
shall he receive within that time any
other emolument' from the United
States, or either of them, or from any
foreign power. But this reduction of
salary shall not apply to the present
term of the present Governor.
Par. 3 The first election for Gov
ernor, under this Constitution, shall
he held on the first Wednesday in
October, 18x0, and the Governor
elect shall be installed in office at the
next session ot the General Assembly.
Au election shall take place biennial
ly thereafter, on said day, until an
other date bo fixed by the "General
Assembly, Said election shall be
held at the places of holding general
elections in the several counties of
this State, in the manner prescribed
for the election ot members of the
General Assembly, and the electors
shall be the same.
Par.4. The returns for every elec
tion of Governor shall be sealed up
by the managers, separately from
other returns, and directed to the
President of the Senate anil Speaker
of the House of Representative, and
transmitted to the Secretary of the
State, who shall, without opening
said returns, cause the same to be
laid before the Senate on the day
after the two Houses ‘shall have been
oignnized, and they shall be trans
mitted by the Senate to the House of
Representatives.
Par. 5. The members of each
branch of the General Assembly shall
convene in the Representative Hall,-
aud the President of,the Senatq.nnd _
the^Speakor of the Hou§e,of ..Repre.r CffteW?
sontatives shall open and publish'the j P*» 17. Ever
returns iu the presence arid flndfer
the direction qf the General Assem-
thereof, and the Constitution of the
United States of America.”
Par. 11. The Governor shall M
Commander-in-Chief of the army and
navy of this State and of the militia
thereof.
Par. 12. He shall have the power
to grant reprieves and pardons, to
commute penalties, remove disabilities
imposed by law, and to remit any part
of a sentence for offenses against the
State, after conviction, except in cases
of treason and impeachment, subject
to such regulations as may be provided
by law relative to the manner of apply
ing (or pardons. Upon conviction for
treason, he may suspend the execution
of the sentence and report the Case to
the General Assembly at the next
meeting thereof, when the General
Assembly shall either pardon, com
mute the sentence, direct its execution
or grant a further reprieve. He shall,
at each session of the General Assem-
bly, communicate to that body each
case of reprieve, pardon or communi
cation granted, stating the name of
the convict, the offense of which he
wa9 convicted, the sentence and its
date, the date of the reprieve, pardon
or commutation, and tho reasons for
granting the same. He shall take care
that the laws are faithfully executed,
and shall be a conservator of the peace
throughout the State.
Par. 13. He shall issue writs of
election to fill all vacancies that may
happen in the Senate or House of
Representatives, and shall give the
General Assembly, from time to time,
information of the state of the Com
monwealth, aud recommend to their
consideration such measures as he may
deem necessary or expedient. lie
shall have power to convoke the Gen
eral Assembly on extraordinary occa
sions, but no law shall be enacted at
called sessions ot the General Assem
bly except such as shall relate to the
obji ct stated in his proclamation con
vening them.
Par. 14. When any office shall be
come vacant by death, resignation, or
otherwise, the Governor shall have
power to till such vacancy, unless oth
erwise provided by law; and persons
so appointed shall continue in office
until a successor is commissioned,
agreeably to the mode pointed out by
this Constitution, or by law in pursu
ance thereof.
Par. 15. Any person once rejected
by the Seuate shall not be re appointed
by the Governor to tho same office
during the same session, or the recess
thereafter.
Par. 16. The Governor shall havo
the revision of all bills passed bv the
General Assembly before the same
shall have become*laws, but two-thirds
of each House may pass-a law, not
withstanding his dissent, and if any
bill should-not be returned by the
Governor within five days (Sundays
excepted) after it has been presented
to him, the same shall be a law,* unites
the General Assembly, by their ad
journment, shall prevent its return
ment, shall bo presented to the Gov
ernor, and before it shall take effect be
approved by him, or, being disap
proved, shall be repassed by two thirds
of each House.
Par. 18. He may require informa
tion, in writing, from the officers in
the Executive Department on any
subject relating to the duties of their
respective offices. It shall be the duty
of the Governor, quarterly, and oftener,
if he deems it expedient, to examine,
under oath, the Treasurer and Comp
troller-General of the State on all
matters pertaining to their respective
offices, aud to inspect and review tlieir
hooks and accounts. The General
Assembly shall have authority to pro
vide by law for the suspension of either
of said officers from the discharge of
the duties of his office, and also for the
appointment of a suitable person to
discharge the duties of the same.
Par. 19. The Governor shall have
power to appoint his own secretaries,
not exceeding two in number, and to
provide such other clerical force as
may be required in his office, but the
totaj cost for secretaries and clerical
force in h’s office shall not exceed six
thousand dollars per annum.
Section II. Paragraph 1. The
Secretary of State, Comptroller-Gen
eral and Treasurer shall be elected by
the persons qualified to vote for mem
bers of the General Assembly, at the
same time and in the same manner as
the Governor. The provisions of the
Constitution as to the transmission of
the leturns of elections, counting the
votes, declaring the result, deciding
when there is no election and when
there is a contested election, applicable
to the election of Governor, shall ap
ply to the election of-.Secretary of
State, Comptroller-General and Treas
urer. They shall be commissioned bv
the Governor, and hold their offices for
the same time as the Governor.
Par. 2. The salary of the Treasurer
shall not exceed two thousand dollars
per annum. The clerical expenses of
his department shall not exceed sixteen
hundred dollars per annum.
Par. 3. The salary of the Secretary
of State shall not exceed tiro thousand
dollars per annum, and the clerical
expenses of his department shall not
exceed one thousand dollars per an
num.
Par. 4. The salary of the Comp
troller-General shall not exceed two
thousand dollars per annum. The
clerical expenses of his department,
including the insurance department
and wild land clerk, shall not exceed
four thousand dollars per annum—and
without said clerk, it shall not exceed
three thousand dollars per annum.
Par. 5. The Treasurer shall not be
allowed, directly or indirectly, to re
ceive any fee, interest or reward from
any person, bank or corporation, for
the deposit or use, in auy manner, of
the public funds, and the General
Assembly shall enforce this provision
by suitable penalties
Par. 6. No person shall be eligible
to the office of Secretary of State,
Comptroller General or Treasurer, un
less he shall have been a citizen of the
United States for ten years, and shall
have resided in this State for six years
next preceding his election, and shall
be twenty-five years of age when
elected. All of said officers shall give
bond and security, under regulations
to be prescribed by law, for the faith
ful discharge of their duties.
Par. 7. Tho Secretary of State, the
Comptroller-General and the Treasurer
shall hot be allowed any fee, perquisite
oi* compensation, other than their sal
aries as prescribed by law, except their
necessary expenses when absent from
the seat of government on business for
the State
Section III. Paragraph 1. The
great seal of the State shall be depos
ited in the office of the Secretary of
State, and shall not be affixed to any
instrument of writing except by order
of the Governor or General Assembly,
and that now in use shall he the great
seal of the Slate until otherwise pro
vided by law.
Artloli- VI.— -Jiiiliciitry.
Section I. Paragraph 1. The ju
to time, to I bly; and the person having tho ma-
...... •*-
in the same bill, and the letter shall
not i>e effectual, unless passed by two-
cry vote, resolution or
order, to* which the concurrence of
both Houses may be necessary, except
ait V questioir of ^election ,-or ’adjourn
vested in a Supreme Court, Superior
Courts, Courts of Ordinary, Justices
ot the Peace, Commissioned Notaries
Public, aud such other courts as have
been or may be established by law.
Section II. Paragraph 1. The
Supreme Court shall consist of a Chief
Justice and two Associate Justices. A
majority of the court shall constitute a
quorum.
Par. 2. When one or more of the
Judges are disqualified from deciding
any case, by interest or otherwise, the
Governor shall designate a Judge, or
Judges, of the Superior Courts to
prteide in said case.
Par. 3. No Judge of any Court
shall preside in any case where the
validity' of any bond—federal, State,
corporation or municipal—is involved’
who holds in his own right, or as the
He may appreJjQfijr. appropriation, Wpresentalive of others, any material
and disapprove tfhy other appropriation interest, ip. the. cjs^ of bonds boon
In tho onmn hill, and - the letter shall which thn minatinn in Iu _ •
Sppi^Justices shall hold theiri offices
ara qaWiffch;; A. successor to thoin
cumbeot whose t«o. jrijl soonest ex!
pire shall be * elected m 1880; a suc
cessor to the incumbent whose term <>f
office is next in duration shall he
elected by the General Assembly in
1882, and a successor to the third in
cumbent shall be elected by the Gen
eral Assembly in 1884; hut appoint
ments to fill vacancies shall only be
for the unexpired term, or until such
vacancies are filled by elections, agree
ably to the mode poiuted out by this
Constitution. k
Par. 5. The Supreme Court shall
have no original jurisdiction, but sha 1
he a court alone for the trial and cor
rection of errors from the Superior
Courts, and from the city courts ,.f
Atlanta and Savannah, aud such other
like courts as may be hereafter estab
lished in other cities; and shall sit at
the seat of government at such times,
in each year, as shall he prescribed l>v
law, for the trial and determination of
writs of error from said Superior and
city courts.
Par. G. The Supreme Court shall
dispose of every case at the first or
second term after such writ of error is
brought; and in case the plaintiff in
error shall not be prepared at the first
term to prosecute the case—unless
prevented by Providential cause—it
shall be stricken from tlie docket, and
the judgment below shall stand affirmed.
Par. 7. In any case the court may,
in its discretion, withhold its judgment
until the next term after the same is
argued.
Section III. Paragraph 1. There
shall be a Juilge of the Superior Courts
for each Judicial Circuit, whose term
of office shall be four years, and until
his successor is qualified. Ho may
act in other circuits when authorized
by law.
Par. 2. The - successors to the pres
ent incumbents shall lie elected by the
General Assembly as follows: To the
half (as near as may be) whose com
missions are the oldest in the year
1878, and to the others in the year
1880. All subsequent elections shall
be at the session of the General As
sembly next preceding the expiration
of the terms of incumbents, except
elections to fill vacancies. The day of
election may be fixed by the General
Assembly.
Par. 3. The terms of the Judges to
be elected under this Constitutiou (ex
cept to fill vacancies) shall begin on
the first of January after their election,
but if the time of the meeting of the
General Assembly shall be changed,
the General Assembly may change the
term of the Judges selected thereafter.
Section IV. Paragraph 1. The
Superior Courts shall have exclusive
jurisdiction in cases of divorce; in
criminal cases where the offender is
subjected to loss of life, or confinement
in the penitentiary; in cases respecting
titles to land; and equity cases.
Par. 2. The General A.sserably may
confer upon the courts of common law
all the powers heretofore exercised by
courts of equity in this State.
Par. 3. Said courts shall have juris
diction in all civil cases, except as
hereinafter provided.
Par. 4. They shall have appellate
jurisdiction in all such cases as may be
provided by law.
Par. 5. They shall have power to
correct errors in inferior judiciatories,
by writ of certiorari, which shall only
issue on the sanction of the Judge;
and said courts, and the Judges
thereof, shall have [lower to issue writs
of mandamus, prohibition, scire
facias, and all other writs that may
be necessary for carrying their powers
fully into effect, and shall have such
other powers as are, or may be, con
ferred on them by law.
Par. 6. The General Assembly may
provide for an appeal from one jury,
in the Sujierior or city courts, to
auother, aud the said courts may grant
new trials on legal grounds.
Par. 7. The court shall render
judgment without the verdict of a jury
in all civil cases founded on uncondi
tional contracts in writing, where an
issuable defense is not filed under oath
or affirmation.
_ Par. 8. The Superior Courts shall
sit in each county not less than twice
in each year, at such time as have
been or may be appointed by law
Par. 9. The General Assembly may
provide by law for the appointment of
some proper persons to preside in cases
where the presiding Judge is, from any
cause, disqualified.
Section V. Paragraph 1. In any
county within which there is, or here
after may be, a city court, the Judge
of said court and of the Superior
Court may preside in the courts of
each other in cases where the Judge
of either court is disqualified to preside.
, Section VI. Paragraph 1. The
powers of a Court of Ordinary and of
Probate shall be vested in an Ordiuary
for each county, from whose decision
there may be an appeal (or by consent
of parties without a decision) to the
Superior Court, under regulations pre
scribed by law.
Par. 2. The Courts of Ordinary
shall have such power in relation to
roads, bridges, ferries, public build
ings! paupers, county officers, county
i' fund, county taxes and other county
matters as may be conferred on them
by law.
Par. 3; The Ordinary shall hold bts
office for the term of four years,