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THE ATHENS GEORGIAN: SEPTEMBER 4, 1877.
until his successor is elected and quali-
tied.
Section VII. Paragraph 1. There
-hall be in each militia district one
Justice of the Peace, whose official
term, except when elected to fill an
unexpired term, shall be four years. 1
Par. 2. Justices of the Peace shall
have jurisdiction in all civil cases aris
ing r.r contract", and in cases of inju
ries or damages to personal property
when the principal sum does not
exceed one hundred dollars, and shall
-it monthly, Bt fixed times and places;
but in all cases there may bean appeal
to a jury in said court, or an ap 'eal
to the Superior Court, under such
regulations ns may be prescribed by
law.
Par. 8. Justices of the Peace shall
elected by the legal voters in their
respective districts, and shall he com
missioned by the Governor. They
-hall be removable on conviction for
malpractice in office.
Section VIII. Paragraph 1. Com
missioned Notaries Public, not to ex
ceed one for each militia district, may
l>e appointed by the Judges of the
Superior Courts in their respective
circuits, upon recommendation of the
grand juries of tlio several counties
They shall be commissioned by the
Governor for the D»rm of four years,
and shall be ex-officio Justices of the
Peace, and shall l>e removable on con
viction for malpractice in office.
Section IX. Paragraph 1. The
jurisdiction, powers, proceedings and
practice of all courts or officers invested
with judicial powers (except city
courts) of the same grade or class, so
lar as regulated by law, and the force
and effect of the process, judgment
and decree, by such courts, severally,
shall be uniform. This uniformity
must be established by the General
Assembly.
Section X. Paragraph 1. There
shall be au Attorney-General of this
State, who shall be elected by tbe
people at tbe same time, for the same
term, and in the same maimer as the
Governor.
Par. 2. It shall be tbe duty of tbe
Attorney-General to act as the legal
adviser of tbe Executive Department;
to represent tbe State in tbe Supreme
Court in all capital felonies; and in
all civil and criminal cases in any
court when inquired by the Governor,
and to perform such other services as
maybe required of him by law.
Section XI. Pargraph 1. There
shall be a Solicitor-General for each
Judicial Circuit, whose official term,
except when commissioned to fill an
unexpired iorm, shall be four years.
Par. 2. It shall be the duty ot the
Solicitor-General to represent the
State in all cases in the Superior
Courts of his circuit, and in all eases
taken up from his circuit to the
Supreme Court, and to perform such
other services as may be required of
him by law.
Section XII. Paragraph 1. Tbe
Judges of tbe Supreme and Superior
Courts and Solicitors-Gcneral shall
be elected by the General Assembly,
in joint session, on such day, or days,
as shall be fixed by joint resolutions
of both Houses. At tbe session of
the General Assembly, which is held
next before the expiration of tbe
terms of the present incumbents, as
provided in this Constitution, their
successors shall be chosen; and tbe
same shall apply to tbe election of
those who shall succeed them. Va
cancies occasioned by death, resigna
tion or other cause, shall be filled by
appointment of the Governor, until
tbe General Assembly shall convenel
when an election shall he held to fill
the unexpired portion of the vacant
terms.
Section XIII. Paragraph 1. The
.1 udges of the Supreme Court shall
have, out of the Treasury* of th-
State, salaries not to exceed three
thousand dollars per annum; the
Judges of the Superior Courts shall
have salaries not to exceed two thou
sand dollars per annum ; the Attor
ney-General shall have a salary not
to exceed I wo thousand dollars )>er
annum ; and the Solieitors-General
shall each have a salary not. to exceed
two imiidrcd and fifty dollars per
an aim ; hut the Attorney-General
shall not have any fee or perquisite
in a . .■ case arising after the adoption
of this Constitution ; but the provis
ions of this section shall not affect the
salaries of those now in office.
Par. 2. The General Assembly
may, at any time, by a two-thirds
vote ot each branch, prescribe other
and different salaries for any or all of
the above officers, but no change
shall affect the officers then in com
mission.
Section XIV. Paragraph 1. No
pers a shall be Judge of the Supreme
or S qio.'ior Courts, or. Attorney-
General, unless at the time of bis
election be shall have attained the
age of thirty years, and shall have
been a citizen of the State three
years, and have practiced . law for
seven years; and no person slmll
be hereafter elected Solicitor-General
unless at the time of his election he
shall have attained twenty-fiyevi
of age, shall have been a citflfei
the State for three yea£s, and si
have practiced law three years nea
preceding his election. 1 —»*r**^
Section XV. Paragraph 1. No
total divorce shall be granted except
on the concurrent verdict of two
juries, at different terms of the court.
Par,
*V c ,.i« r y rendering the final verdict
shall determine the rights and disa
bilities of the parties.
Section XVI. Paragraph 1. Di
vorce cases shall he brought in the
county where the defendant resides,
P a resident of this State; if the
defendant be not a resident of this
State, then in the county in which
the plaintiff resides.
Par. 2. Cases respecting titles to
land shall be tried in the county
ut1 corporation, or political division of tliifl
State to become a .-tockholder in any company,
corporation or association, or to appr priate
utO’iicy for or to loan its credit to any corpora
tion, company, association, institution or nidi-
9 tVK„„ „ i: • . , viduai, except for purely charitable purposes.
»vnen a at voice IS granted, This restriction shall not operate to prevent the
support of schools bv municipal corporations
within their respective limits: Provided, that
if nny municipal corporation shall offer to the
State any property lur locating or building a
Capital, and the State accepts such offer the
corporation may comply with such offer.
Par. 3. The General Assembly shall not have
J lower to delegate to any comity the right to
uvv n tax for any purpose, except for educa
tional pu: poses in instructing children in the
elmentarv branches of an English education
only ; to build and repair the public buildings
and bridges ; to maintain and support prison
ers ; to pay jurors and coroners, and for litiga
tion, quarantine, roads, and expenses of Courts;
to support paupers and pay debts heretofore
'V^J C the land lic-s,^ except where a “sS&x VII. Paragraph 1. The debt hereaf-
singlc tract is divided by a county
line, in which case the Superior Court t10
of either county shall have ju risdiction.
Par. 3. Equity cases shall he tried
in the county where a defendant
resides against whom substantial relief
is prayed.
Par. 4. Suits a -ainst joint obligors,
joint promissors, copartners or joint
trespassers, residing in different coun
ties, may be tried in either county.
Par. ’5 Suits against the maker
and endorser of promissory notes, or
drawer, acceptor and endorser of
foreign or inland bills of exchange, or
like instruments, residing in different
counties, shall he brought in the
comity where the maker or acceptor
resides.
Pur. G. All other civil eases shall
be tried in tbe county where the
defendant resides, and all criminal
eases shall be tried in the county
where the crime was committed,
except cases in the Superior Courts
where the Judge is satisfied that an
impartial jury cannot bo obtained in
such county.
Section XVII. Paragraph 1. The
power to change the venue in civil
and criminal cas<*s shall be vested in
the Superior Court, to be exercised
in such manner as has been, or shall
be, provided by law.
Section XVIII. Paragraph I. The
right of trial by jury, except where
it is otherwise provided in this Con
stitution, shall remain inviolate, but
the General Assembly may prescribe
any number, not less than five, to
constitute a trial or traverse jury in
courts other than the Superior and
city courts.
Par. 2. The General Assembly shall
provide by law lor the selection of
the most experienced, intelligent and
upright men to serve as grand jurors,
and intelligent and upright men to
serve as traverse jurors. Neverthe
less, the grand jurors shall be compe
tent to serve as traverse jurors.
Par. 3 It shall be the duty of the
General Assembly, by general laws,
to prescribe the manner of fixing
compensation of jurors in all counties
in this State.
Section XIX. Paragraph l.The General As
sembly shall have power to provide for the
creation of Comity Commissioners in such
counties as may require them, and to define
their duties.
Section XX. Paragraph 1. All Courts not spe
cially mentioned by name in the first section of
this'article may be*abolished in any county, at
the discretion of the General Assembly.
Section XXI. Paragraph 1. The costs in the
Supreme Court shall not exceed ten dollars,
until otherwise provided bv law. Plaintiffs in
error shall not be required to pay costs in said
Court when the usual pauper oath is filed in
the Court below.
Article VII—finance, Taxation and the Public
Debt.
ter incurred by any county, municipal corpora
io or political division of this State except
is in the Constitution provided for, shall incur
any new debt, except for a temporary loan or
loans to supply casual deficiencies of revenue,
not to exceed one-fifty of one per centum of
the assessed value of taxable property at the
time of the adoption of this Constitution, may
hejauthorized by law to increase, at any time,
the amount of said debt three per centum upon
such assessed valuation.
Par. 2. Anv comity, mnuicipal corporation
or political division of this State, which shall
T^;, e “c.^r anddt ' V0te,l t0,he ,m PP f,rt ! pwidc for tbc appointment of CommuTkmers f 0 f the Constitution of 1868 oirilhc*
or common scuoois. 1 of Roads and Revenue in any county. [ .. , . „ -
Article XU—Tbe bans ..f ft* rial Operation t* '. r*t Home-ten I 3.1(1 E*
Force in this State.
Section IV Paragraph 1. Authority rnav
be granted to counties, upon the recommenda
tion of two grand juries, and to municipal cor
porations, upon the recommendation of the
corporate authority, to establish and maintain
public schools in their respective limits, by
local taxation; but no such local laws shall take
effect until the same shall have been submitted
to a vote of tlie qualified voters in each conntv
or municipal corporation, and approved bv it
two-thirds vote of persons qualified to vote at
such election; and the General Assembly may
prescribe who shall vote on sueli question.
Section V. Paragraph 1. Existing local
school systems shall not be affected bv this
Constitution. Nothing contained in section first
of this article shall be construed to deprive
schools iii this State, cot common schools, lrom
participation in the educational fund of the
State, as to all pupils therein taught in the ele
mentary branches of an English education.
Section VI. Paragraph 1. The trustees ot
the University of Georgia may accept bequests,
donations and grants of laud 'or other propertv,
for tbe use of said university. In addition to
the payment of the animal interest on the debt
due by the State to the University, the General
Assembly may, from time to time, make such
donations thereto ns the condition of the
Treasury will authorize, and the General As
sembly may, from time to time, make sncli
donation to any eollcgo or nuiversity for the
education of the colored people (not exceeding
one) as the condition of the Treasury will
authorize.
Par. 2. And the General Assembly nicy
incur any bonded indebteduesa under the pro- ! also from tiiu$ to time, make such nppropria-
visions of this Constitution, shall, at or before tions of nioufy as the condition of the Treasury
•i__ c — J-:— :.i.. c— .I-- ------ will authorize to any college or university, not
exceeding one in number, now established or
hereafter to be established in 'this State for the
the time of so doing, provide for the assess
ment and collection of an annual tax sufficient
iu amount to pay the principal and interest of
said debt within thirty years from the date of
the incurring of said indebtedness.
Section VIII. Paragraph 1. The State sliuli
education of persons of color.
Artirlc IX—Homestead and Exemption-,
Section I. Paragraph 1. 'here shall be
not assn-no the debt, nor any- part there >f, j exem pt from levy and sale, by virtue of any
of any county, municipal corporation or political | under «<•
division of the State, unless such debt shall be
contracted to enable the State to repel invasion,
s ppress insurrection, or defend itself in time
of war.
Section IX. Pur. 1. The receiving directly or
indirectly, by any officer ot State or county or
tneinber or officer of the General Assembly, of
any interest profits, or perquisites, arising from
tlie use or loan of public funds in lxis hands, for (
moneys to be raised through his ageucy tbra
State’or county putposes, shall lie deemed a
felony, and punishable as may be prescribed
by law, a part of which punishment shall be a
disqualification of holding office.
Section X. Pur. 1. Municipal corporation
shall not incur auy debt until provision there
for shall have been made by the municipal
government.
Section XI. Par. l.The General Assembly
shall have no authority io appropiiate money
either directly or indirectly, to pay the whole,
or any part, ofthe princ'.p.l.or m'eryst. of the
bonds, or other ohUuatifi.s which have been
pronounced illegal, null and voii’ by the'Geu-
cral Assembly, and the constitutional amend
ment ratified by a vote of the people on the
first day of May, 1877 ; nor shall the General
Assembly have authority to pay off the obliga
tions created by the Statu under laws during
the late way between tlio State, nor any of the
bonds, notes, or obligations made and’ entered
into during the existence of said wsr, the time
for tlie payment of which was fixed after tlie
ratification of a treaty of pence between the
United States and the Confederate States; nor
shall the General Assembly pass any law, or
the Governor, or other State official enter into
any contract, nr agreement, whereby the State
shall he made a party to any suit in any Court
of this State, oroftlic United States, instituted
to test the validity of any such bonds or obli
gations.
Section XII. Paragraph 1. The bonded debt
of tlie State shall never be increased, except to
repel invasion, suppress incu rection, or defend
the State in time ot war...
Section XIII. Paragraph l. Tlie proceeds Of
the sale of the Western and Atlantic. Macon
and Burnswick, or other railroads, held by the
State, and nny other property owned by the
State whenever the General 'Assembly may
authorize the sale of tlie whole, or any part
thereof, shall be applied to the payment of the
bonded debt of the State, and shall not he used
tor any other purpose whatever, so long as the
State has any existing bonded debt: Provided,
that tlie proceeds of tlie sale of the Western and
Atlantic Railroad shall-'bc applied to the pay
ment of the bonds for which said railroad has
been mortgaged in preference to all other bonds.
Section XIV. Paragraph 1. The General
Assembly shall raise by taxation each year, in
addition to tlie sum required to pay tlie public-
expenses and interest on the public debt, the
sum of one hundred thousand dollars, which
shall be held as a sinking fund, to pay off and
retire the bonds of tlie State which have not
process whatever, under the laws of this State,
except as hereinafter excepted, of the propertv
of every head of a family, or guardian, or trus
tee of a family of minor children, or every aged
or infirm person, or person having the care and
support of dependent females of any age, who
is not the head of a family, realty or personality,
or both, to the value in tlie aggregate of six
teen hundred dollars.
Section II. Paragraph 1. No Court or min
isterial officer in this State shall ever liave juris
diction or authority to enforce any judgment,
execution, or decree against the property set
apart lor such purposes, includ : ng sticlv im
provements as may tie made thereon, from time
to time, except for taxes, for the purchase money
of the same, for labor done thereon, for material
furnished therefor, or for the removal of en-
cumorances thereon.
Section III; Paragraph I. The debtor slia"
have poorer to wave or renounce (in writing)
iiis right to the benefit of the exemption pio-
vided for in ibis artiel**, i xeept wearing ap
parel and not exccediu three hundred dollars
worth of household and kitchen furniture and
provisions for one year, to be selected t>y him
self and wife, if any ; and lie shall not, after it
is set apart, alienate or encumber the property
so exempted, but it may be sold by the debtor
and his wife, if any, jointly and with the sanc
tion of the Judge of tlie Superior Court of tlie
county where the debtor resides or tlie land is
situated, the proceeds to be re-invested upon
the same uses.
Section IV. Paragraph 1. The General As
sembly shall provide by law as nearly us practi
cable for the setting apart and valuation of said
property. But nothing in this article shall he
construed to affect or repeal tlie existing laws
for exeuiptiou of property from sale contained
in tlie present Code of this State iu paragraphs
2040 to 2040 inclusive and the acts amendatory
thereto. It may be optional with the applicant
to take either, but not both of snch exemptions.
Section V. Paragraph 1. The debtor shall
have authority to waive or renounce iu writing
his eight to Ug benefit of the exemption pro
vided for insectlon four, except as is excepted
in section 3 of this article.
Section VI. Paragraph 1. The applicant
shall, at auy time, have the right to supplement
his exemption by adding to an amount already
set apart which is less than the whole amount
of exemption herein allowed a sufficiency to
make his exemption equal to tlie whole amount.
Section Vll. Paragraph 1. Homesteads
and exemptions of personal property which
: have been heretofore set apart by virtue of the
provisions of the existing Constitution of this
State, and in i.ccordance with the laws for the
enforcement thereof, or which maybe hereafter
set apart, at any time, shall be and remain valid
as against all debts and liabilities existing at
the time of the adoption of this Constitution, to
tlie same extent that they would have boen hud
said existing Constitution not been revised.
Paragraph 1. Tlie laws of general operation
in this State are, first, as the supremo law: the
Constitution of the United States, the laws of
the United States iu pursuance thereof, and all
treaties made under the authority of the United
States.
Par. 2. Second. As next in authority thereto
this Constitution.
Par. 3. Third, in subordination to the fore
going: All laws now of force in this State, not
inconsistent with this Constitution, and tlie
ordinances of this Convention, slmll remain cf
force until the same are modified or repealed by
tlie General Assembly. The tux and aj propria-
tiou aets passed at the session of the General
Assembly of 1877, ond approved by the Gov
ernor of ’ the State, and not iucousisteul with
tlie Constitution, are hereby continued of force
until altered by luw.
i Par. 4. Local and private acts passed for the
benefit of couuties, cities, towns, corporations,
and private persons, not inconsistent with the
supreme law, nor with this Constitution, and
which have not expired nor been regaled, shall
have the force ot statute law subject to judicial
decision as to their validity when passed, and to
anv limitations imposed by their own terms.
Par. 5. All rights ..rivileges aud immunities
wliigh may have vested ill, or accrued to any
’ person or persons, or corporation, in his, her or
their own right, or in any fi luciary ca’-acitr.
ttnder mid in virtue of auy net of the General
Assembly, or any judgment, decree, or order
proceeding of any Conrtjof common jurisdic
tion, in this State, heretofore rendered, shall be
held inviolate by all Coarts before which they
may be brought in question, unless attacked for
fraud.
Par. 0. All judgments, decrees, orders and
other proceedings of the several Courts of this
State, heretofore mode, within the limits of
their several jurisdictions, are hereby ratified
aud affirmed, subject only to reversal by motion
for a new trial, appeal, bill of review, or other
proceeding, in conformity with the law of force
when they were made.
Par. 7. The officers of the government now
cxistiug shall continue in tlie exercise of their
severarfunctions until their successors arc duly
elected, appointed and qualified. But nothing
herein is to apply to any officer whose office
may be abolished bv this Constitution.
IV.
Section VIII. Paragraph 1. Bights which
, , . , .. , . .. have become vested uuder previously existing
yet matured andi shall be appliedl to no other , aw3 8ha)l I10t be effected by anything herein
purpose whatever. *f the bonds oiunot at any ^y^ieth j na ij cases in which h>. cstcada
Section I. Paragraph 1- The powers of taxa
tion over the whole State shall he exercised by
the Geueral Assembly for the following purpos
es only:
For the support of the State government and
the public institutions.
Far educational purposes, instructing chil
dren iu tlie elementary branches of ail English
education only. .
To pay interest on the public debt.
To pay tlie principal of tlie public debt.
To suppress insurrection, to repel iuvasion,
and defend the State in time of war.
To supply tlie soldiers who lost a limb, or
limbs, in tlie military service of the Confeder
ate States, with substantial artificial limbs dur
ing life.
Section II. Paragraph 1. Al 1 taxation shall
be uniform upon the same class of subjects,
and mi valorem on all property subject to lie
taxed within the territorial limits of the au
thority levying tlie tax, and shall he levied and
collected under general laws. The General
Assembly may, however, impose a tax upon
such dome-tic animals us, from their nature
and habits, are destructive of other property.
Par. 2. The General Assembly may, by law,
exempt from taxation all public property,
places ot religious worship or burial, nil insti
tutions of purely public charity, all buildings
erected for and used as a college, incorporated
acadeinv, or other seminary of leariiiug tlie
real and personal estate of any public library,
and that of any other literary association, used
by or connected with such library, nti oooKs
and philosonhicnl apparatus, and all paintings
ami siatunfv of any company or association
kepi iu a publio hall and not held as merchan
dise or for purposes of sale or gain: Provided,
the property so exempted be not used tor pur
poses of private or corporate profit or income.
Pur. 8. No poll tax shall bo levied except for
educational purposes, and such tax slmll not
exceed one dollar annually upon each poll.
Pur. 4. All laws exempting property from
taxation other than the property liercincnunicr-
ated shall be void.
Par. 5. The power to tax corporations and
corporate property shall not be surrendered or
aits pended by-any:
the State shaft.be i __
Section IlfcPjragratf
contracted bjr'or on behalf oftbo State except
to supply-otauri 4 deficiencies of revenue, to
repel luvaakfn, suppress insurrection and de
fend the Stats in time of war, or to pay the ex
isting pub io debt; bnt the debt created te sup
ply deficiencies in revenue shad not exceed, in
tlieaggreg * * J * 1 ' JJI
Section
tbe boi
Soke's
time be purchased at or below par, then the
sinking fund herein provided for may he loaned
by the Governor and Treasurer of the State:
provided, the security which shall be demanded
or said loan shall consist only of the valid
bonds of the State; but this section shall not
take effect until tlie eight per cent, currency
bonds, issued under the act of February 19th,
1873, shall have been paid.
Section XV. Paragraph 1. The Comptrol
ler General and Treasurer slmll each make to
Governor a quarterly report of the financial
condition of the State, which report shall in
clude a statement of the assets, liabilities und
income of the State, and expenditures therefor,
for the three mouths preceding; and it shall
be the duty of the Governor to carefullyjexam-
ine the same by himself, or through competent
persons connected with his department, and
cause an abstract thereof to he published for
the information of tho people, which abstract
shall be endorsed by him as having been ex
umined.
Seetion XVI. Paragraph 1. The General
Assembly shall not, by vote, resolution or order
grant any donation, or gratuity, in favor of auy
person, corporation or association.
Par. 2. Tlie General Assembly slmll no
grant or authorize extra compensation to any
public officer, agent or contractor after the
service lms been rendered, or the contract en
tered into.
Section XVII. Paragraph 1. The office of
the State Printer shall cease with the expiration
of tlie term of the present incumbent, and the
General Assembly shall provide by law for
letting the public printing to the lowest respon
sible bidder, or bidders, who shall give ade
quate and satisfactory security for the faithful
perlonuance thereof. No member of the Gen
eral Assembly or other public officer shall lie
interested, either directly or indirectly, in any
sueli contract.
Article VIII.—Kilnration.
have been set apart under the Const, iition of
1868, and the Jaws made in pursuance thereof,
and a Iona fide sale of snch property has been
subsequently made, and the 45,..’ on ’chase price
thereof has been paid, all right -f exemption in
s property slmll not tie surrenderee! or
id by-onyr contract or grant to which
i shaft.be a party.
N IIIcParagrapn 1. No 1 debt shall bo
VN iu i eteuiic ■ hot
, two hundredthooUJIjldlaM.. -
diich the
obtained
and for
Jkctton VI. Paragraph 1. The General As
scmblv shall not authorize any county, uiunici-
Sectiox I. Paragraph 1. There shall be a
thorough system of common ssliools for the
education of children in the elementary branches
of an English education only, ns nearly uniform
as practicable, the expenses of which shall be
provided for l>y taxation, or otherwise. .The
schools shall be free to alt children of tlie State,
but separate schools shall be provided for the
white and colored races.
Section II. Paragraph 1. There slmll be a
State School Commissioner appointed by the
Governor, and confirmed by tbe Senate, whose
term of office shall be two years, and until his
successor is appointed and qualified. Iiis office
shall be at the seat of government, and ho shall
be paid* salary not to exceed two thousand i p;in»*e.
dollars per annum. The General Assembly may . Section
substitute Ibr the State School Commissioner j shall Is; el
snch officer or offloers as may tie deemed neoes-
sueii property by reasou if .i .viug Ixcn set
apart shall cease in so far as : UeCU> the right
of the purchaser. In all sueu cases where a
part only of the purchase price has bceu paid,
snch transactions slmll he governed by the luws
now ot force iu this State, in so tar iu, they
affect tlie rights of the purchaser, ns though
said property had not been set apart.
Section lX. Paragraph 1. Parties who
have taken a homestead of realty under the law
of 1808 shall have the right to sell said home
stead and reinvest tlie proceeds of the sale of
the same by order of the Judges of the Superior
Courts of this State.
Article X—Militia.
Section I. Paragraph 1. A well regulated
militia being essential to the pence and security
of the State, the General Assembly slmll have
authority to provide by law how the militia >f
this State slmll he organized, office red, trained,
armed aud equipped, and of whom it shall
consist.
Par. 2. Tlie General Assembly slmll have
power to authorize tiie formation of volunteer
companies and to provide for their organization
into battalions, regiments, brigade, divisions
mid corps, with such restrictions as may be
prescribed by law, and shall have authority to
arm and equipp tlie same.
Par. 3. The officers and men of tlie militia
and volunteer forces slmll not lie entitled to
receive any pay, rations or emoluments when
not in active service by authority of the State.
Article XI—Count Its and County Officers.
Section I. Paragraph.1. Each county shall
lie a body corporate, with sueli powers and
limitations ns may be prescribed by law. All
suits by or against a county shall be in the name
thereof; and tlie metes and bounds of the
several counties shall remaiu ns now prescribed
by law, unless ehauged as hereinafter provided.
Par. ’2. No new county shall be created.
Par. 3. County lines'shall not be chanced
.unless under the operation of a general law for
that purpose.
Par. 4. No county site shall be changed or
removed except by a two thirds vote of the
qualified voters of. tlie conntv, voting at an
election hold for that purpose, and a two-thirds
vote of tlie General Assembly.
Par. 5. Any county organlzrtion may be dis
solved and merged with eontignons counties,
by a :-vo-:l ! -.ls vote of the qualified electors of
*nen *•••■'! • •., a: ..n election held for that
Par. 8. The ordinances of this Convention
slmll have the force of laws until otherwise pro
vided by the General Assembly, except the or
dinances in reference to submitting tbe home
stead and capital questions to u vote of the'
people, which ordinances, after being voted on,
shall have the effect of constitutional provis
ions.
Artici.e XIII—Amendments to the CoNrrrru-
tion.
Section I. Paragraph p. Any amendment,
or amendments, to this Constitution may be
proposed iu the Senate or House ol Representa
tive* and if tiie same shall be agreed to by two_
thirds of the members elected to each of the
two Houses, such proposed amendment or
amendments shall be entered an their journals,
with the yeas and nays taken thereon. And
the General Assembly shall cause sueh amend
ment or amendments to be published in one or
more newspapers in each Congressional Dis
trict, for two months previous to the time of
holding the uext geueral election, and shall also
provide for a submission of such proposed
amendment or amendments to the people at
said next general election, and if the people
shall ratity such amendment or amendments,
by a majority of the electors qualified to vote
for members of tl-e General Assembly, voting
thereon, sueli amendment or amendments shall
become a part cf this Constitution. When
■ more than one amendment is submitted at the
same time, they shall be so submitted as to
enable the eleciors to vote on each amendment
separately.
Pur. 2. No convention of the people shall be
called by the General Assembly to revise,
amend or change this Constitution, unless by
the concurrence of two-thirds of the members
of each House of the General Assembly. The
representation in said convention shall be based
on population ns near os practicable.
Section 11. Paragraph 1. This Constitution
stall be submitted for ratification or rejection
to tlie electors of the State, at an election to bo
held on the first Wednesdny in December, one
thousand eight hundred anil seventy-seven, in
the several election districts of this State, at
which election every person shall be entitled to
vote who is entitled to vote for members of the
General Assembly tinder the Constitution and
laws of force ut the date of such election; said
election to be held and conducted as is now
provided by law for holding elections for mem
bers of the General Assembly. All persons
voting at said election in favor of adopting this
Constitution shall write or have printed on their
ballots the words “For Ratification.’’ and all
persons opposed to tlie adoption of this Consti
tution shall write or have printed on their bal
lots the words, “ Against Ratification.”
Par. 2. The votes cast at said election shall
be consolidated in each of the counties of this
State, as is now required by luw in elections
for members of the General Assembly, and re
turns thereof made to the Governor; and should
a majority of all the votes cast at said election
be in favor of ratification, he shall declare the
said Constitution adopted, and make proclama
tion of the result of said election by publication
in one or more newspapers in each Congress
ional District of the State, but should a majority
of the votes cast be against ratification, he shall
iu the same inauner proclaim the said Constitu
tion rejected.
lions, and loro? a jwrt ot'ibat Consti
tution.
(4.) If a' majority ot tlie ballots so
east, as aforesaid, shall haveendore d
upon them the words, “ Homestead
of 1868,” then article seventh of the
Constitution of 1868 shall supersede
the article on Homestead and Ex
emptions adopted by this convention,
and shall he incorporated in aud
form a part of the Constitution so
submitted and ratified.
“homstea’d of 1868.”
Sec. 1. Each head of a family, or
guardian or trustee of a family of
minor children, shall be entitled to a
homestead of realty to the value of
t .vo thousand dollars in specie, and
personal property to tho value of one
thousand dollars in specie, both to be
valued at the time they are set apart.
Sec. 2. And no court or ministerial
officer in this State shall over have
jurisdiction or authority to enforce
any judgment, decree or execution
against said property so set apart,
including such improvements as may
be made thereon from time to time,
except lor taxes, money borrowed
and expended in the improvement
of the Homestead, or for tho purchase
money of the same, and for labor
done therefor, or material furnished
therefor, or removal of encumbrances
thereon.
Sec. 3. And it shall be tho duty of
the General Assembly, as early as
practicable, to provide by law for the
setting apart and valuation of said
property, and to enact laws for the
full and complete protection and se
curity of the same to the sole use and
benefit of said families as aforesaid.
Sec. 4. All property of tbe wife,
in her possession at tiie time of her
marriage, and all property given to,
inherited or acquired by her, shall
remain as her separate property, aud
not be liable for the debts of her hus
band.
Ordinance
SUBMITTING TIIE QUESTION OF RE*-
Ordinance
sary to perfect the system of public education.
Section III. Paragraph I. The poll {tax;
any educational tund now belonging to the
State (exoept the endowment of the debt due
to the University of Geoigia), a special tax on
shows and exhibition^, and on the sale of.
spiritnons or malt liqnors—which the General
Assembly is hereby authorized to -wssess—stid
the proceeds of any commutation jsfcjHMjtti
tary service,' anil all ’taxes that may Ife assessed
on sncli domestic animals as, from flWrikititre
and habits, are destructive to other property,
i. Panunip’i \. The county officers
Htt hv itic qualified voters of their
respective ■ .•nutic*, or districts.' and shall hold
(heir offices fur two years. They shall be re
moved -on conviction for malpractice in office,
and no person Bball be eligiblo to any of the
offices referred to is this paragraph, unless he
shall hate been a resident- of the county for
two years, slid is'a qualified voter..
r Section ill. Paragraph l. WhatevertribW
nal, or officers, jnay hereafter be created by the
general Assembly for the transaction' of county
matters shall be uniform throughout the State,
.tiifiifrtiic same name, jurisdiction and reme
dies, except that the General Assembly may
SUBMITTING THE CHOICE OF HOME'
STEAD TO THE FEOPLE.
The following is the ordinance
passed by the convention for tlie sub
mission of the Homestead question to
the people:
He it ordained by the people of
Georgia in Convention assembled,
and it is hereby ordained by authority
of the same, (1). That th * article
adopted by this convention on the
subject of Homestead and Exemp
tions shall not form a part of this
Constitution, except as hereinafter
provided.
(2.) At the election held for the
ratification or rejection of this Con
stitution, it shall he lawful for each
voter to have written or printed on
his ballot the : words “ Homestead
of 1877,” or the words “ Homestead
of 18681”
(3.) In the event that a majority
of.the ballots so cast have endorsed
upon the words “ Homestead of
1877i” then said article, adopted by*
MOV Ala OF THE CAPITAL TO THE
PEOPLE.
He it ordained by the j>eople of
Georgia in Convention assembled:
(1.) That the question of the location
of the capital of this State be kept
out of the Constitution to be adopted
by the convention.
(2.) That at the first general elec
tion hereafter held for members of the
General Assembly, every voter may
endorse on bis ballot, “ Atlanta’’ or
Milledgeville,’’ and tbe one of these
places receiving the largest number
of votes, shall be the capital of this
State until changed by the same au
thority, and in the same way that
may be provided for the alteration of
the Constitution that may be adopted
by the convention—whether said
Constitution be ratified or rejected;
and every person entitled to vote for
members of the General Assembly
under the present Constitution and
laws of the State, shall be entitled to
vote under this ordinance. In tho
event of the rejection of said Consti
tution, should a majority of the votes
east be in favor of Milledgeville, then
this provision to operate and take
effect as an amendment to the present
Conistituton.
THE NEW YORK
WEEKLY HERALD,
JAMES UOUIIOX BENNETT, Proprietor.
The Beat aud Cheapest Newspaper Published.
POSTABB.
ONE DOLLAR
PtR TEAR
.lS
50 CEJNTS FOR 6 MONTHS.
An Extra Copy to every Club of Ten.
The N. 7. Daily Herald.
Published every day in^the.yeai
this Convention; shall form a part of
the Constitution submitted, .if the
same- is ratified; but in the‘even;
that said Constitution, so submit!
■hall tuit be TWified, their Ole at
bn-HonUteakl' mifr Exeufotions
adopted rs aforesaid by fAii
dcd.
included.
j specified day of the
. f-T ’•
for any specified day ol
iftitf^feundays'inilui'ed.’'
mmw* *
fagffiSW****** 1
f. Weekly edition 3 cents per
tion, shall supersede article seventh | Broadway and Ann street** - ?’ y.