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nation t>r? disability of thor' governor,
the pn of the Vena to shall exta
eise the <x eutive powers of the gov
ernment until such disability be re
moved, or a successor is elected and
qualified. And in case of the death,
resignation or disability of the presi
dent of the senate, the speaker or the
of representatives shall exercise
the executive poweri af the govern
ment, until the removal of the disabil
ity. or the election and qualification
of a govo rnor.
Par. 0. The general assembly
shall have power to provide by law.
for tilling unexpired terms by special
elections.
Par. 10. The governor shall, be
fore he enters on the duties of his
office, take the following oath or affir
mation : “Ido solemnly swearjt or affirm
as the case may be) that I will faith
fully execute the office of governor of
the state of Georgia, and will, to the
best of my ability, preserve, protect
and defend the constitution thereof,
and the constitution of the United
States of America.”
Par. 11. The governor shall he com
mamler-in-chief of the army and navy
of this state, and of the militia there-
Par. 12. lie shall have power to
grant reprieves and pardons, to com
mute penalties, remove disabilities
imposed by law, and to remit any part
of a sentence for offence against the
state, after conviction, except in cases
of treason and impeachment, subject
to such regulations as may he provi
ded by law relative to the manner of
applying for pardons. Upon convic
tion'for treason, he may suspend the
execution of the sentence and report
the ease to the general assembly at the
next meeting thereof, when the gen
eral assembly shall either pardon com
mute the.sentence, direct its execution,
or grant a further repreive. He shall,
at each session of thegcncral assembly
communicate to that body each -case
of reprieve, pardon or commutation
granted, stating the name of the con
vict, the otlenee of which ho was con
victed, the sentence ana its date, the
date of tin? reprieve, pardon or‘com
mutation, and the reasons for granting
the same, lie shall take care that the
Jaws are faithfully executed, and shall
be a conservator of the peace through
out the state.
Par. 1:5. lie shall issue writs of elec l
lion to till all vacancies that may hap
pen in the senate or house of represen
tatives, and shall give the general as
sembly', from time to time, information
of the state of the commonwealth and
recommend to their consideration such
measures as he may deem necessary or
expedient. He shall have power to
convoke the general assembly on extra
ordinary occasions, but no law shall be
enacted at called sessions of the general
assembly except such as shall relate to
the object stated in his proclamation
convening them.
Par. 1-1. When any ollice shall be
come vacant, by death, resignation, or
otherwise, the governor shall have pow
er to fill such vacancy, unless otherwise
provided by law ; and persons so ap
pointed shall continue in ollice until a
successor i3 commissioned, agreeably
to the mode pointed out by this constU
tution, or by law in pursuance thereof.
Par. 15. A person once rejected by
the senate shall not be re-appointed by
the governor to the. same ollice during
the same session, or the recess thereaf
ter. *
Par. 10. The governor shall have , the
revision of all hills passed by the gener
al assembly, before the same shall be
come laws, but two-tlrirUs of each
house may pass a law, notwithstanding
his dissent, and if any bill should not
be returned by the governor within
live days (Sunday excepted) after it has
been presented to him, the same shall
be a law ; unless the general assembly,
by their adjournment, shall prevent its
return. He may approve any appropri
ation, and disapprove any other appro
priation, in the same bill, and the latter
shall not be effectual* unless ..passed by
two-thirds of each house.
Par. 17. Every vote, resolution, or
order, to which the concurrence of botii
houses may be necessary, except on a
question of election, or adjournment,
shall be presented to the governor, ami
before it shall take effect be approved
by him, or, being disapproved, shall be
repassed by two-thirds of each house.
Par. 18. lie may require information
in writing, from th officers, in the exec
utive department on any subject rela
ting to the duties of their respective
olliees. It shall be the duty of the
governor, quarterly, and oftener, if he
deems it expedient, to examine, under
oath, the treasurer and comptroller gen
eral of the state on all matters pertain
ing to their respective offices, and to in
spect and review their books and ac
counts. The general assembly shall
have authority to provide by law for
the suspension of cither of said offices,
from the discharge of the duties of his
office, and, also for the appointment
a suitable person to discharge the du
ties 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 total
cost for secretaries and clerical forefc in
his office shall not exceed six thousand
dollars per annum.
Section: 111.—Paragraph 1. The
secretary of the state, comptroller gen
eral ami 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 returns 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 apply
to the election of secretary . of state,
comptroller general and treasurer ;
they shall be commissioned by the gov
ernor and hold their offices for the same
time as the governor.
Par. 2. The salary of the treasurer
shall not exceed two twousand dollars
per auuum. The clerical expenses of
Ins' department shall not exceed one
thousand dollars per annum.
Par. 4. The salary of the comptroller
general shall not exceed two thousand
dollars per annum. The clerical ex
penses of his department, including the
insurance department and wild land
clerk, shall not exceed four thousaud
dollars per annum—and without said
clerk it shall not exceed three thousand
dollars per auuum.
Par. 5. The treasurer shall not be
allowed, directly or indirectly, to re-
C’ive any fee, interest or reward from
any person, bank or corporation, for
the deposit or use, in any manner of the
public funds, and the general assembly
shall enforce this provision by suitable
penalties.
Par. 0. No person shall be eligible to
the office of secretary of state, comp
troller general, or treasurer, unless lie
shall have been a citizen of the United
States for ten years, and shall have re
sided iu this state for six years next
preceding his election, and shall be
twenty-five yea Ts-of age when elected.
All of said officers shall give bond and
security, under regulations to be pre
scribed by law, for the faithful dis
charge of their duties.
Par. 7. The secretary of state, the
comptroller general, ami the treasurer
shall
or couiponsatipiU otlijfr Ilian tlicir sali^
rics as prescribed latv, their
necessary expenses when absent from
the seat of government on business for
the state.
i>EclTO£i ill. Par. 1 Thy great seal
of the state shall be deposited in the
office of the secretary of state, and shall
not be affixed to any instrument of wri
ting except by order of the governor
or general assembly* and that now in
use shall be the great seal of the state
until otherwise provided by law.
AKTICLE VI - JUDICIARY,
Section I —Par. 1. The judicial
powers of this state shall be ves
ted in a supreme court, superior courts,
courts of ordinary, justices of the peace,
commissioned notaries public, and such
other courts as have been or may be es
tablished by law.
Section hi. Par. 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 arc disqualified from deciding
any case, hy interest or otherwise, the
governor shall designate a judge, or
judges, of the superior courts to preside
In said case.
Par. 4. No judge of any court shall
preside in an}' case where the validity
of any bond—federal, state, corporation
or municipal—is involved, who holds
in his own right, or as the representa
tive of others, any material interest in
the class of bonds upon which the ques
tion to be decided arises.
l’ar. 4. The chief justices and assor
ciate justices shall hold their offices fo
six years, and until their successors are
qualified. A successor to the incum
bent whose term will soonest expire
shall be elected by the general assembly
in I*Bo ; a successor to the, incumbent
whose term of office is next in duration
shall be elected by the general assembly
in 1852 ; and a successor to the third in
cumbent shall be elected by the general
assembly in 18S4 ; but appointments to
till vacancies shall only be for the unex
pired term, or until such vacancies are
tilled by elections, agreeably to the
mode pointed out by this constitution.
Par. 5. The supreme court shall have
no original jurisdiction, but shall be a
court alone for the trial and correction
of errors from the superior courts, and
rom the city courts of Atlanta and Sa
vannah, and such other like courts as
may be hereafter established in other
cities ; and shall sit at tiie scat of gov
ernment, at such times, in each year,
as shall be prescribed by lawp for the
trial and determination of writs of error
from said superior and city courts.
Par. 0. The supreme court shall dis
pose 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 he strick
en from the docket, aud the judgement
below shall stand affirmed.
Par. 7. In any case the court may,
in its discretion, withhold its judge
ment uutil the next term after the same
is argued.
Sectiou 111.—Par. 1. There shall
be a judge of the superior courts for each
judicial circuit, whose term of office
shall be four years, and until his suc
cessor is qualified. He may act in oth
er circuits when authorized by law.
Par. 2. The successors to the present
incumbents shall be elected by the gen
eral assembly as follows : To the half as
near as may be) whose commissions are
the oldest shall be elected in the year
1878, and to the others in the year 1860.
All subsequent elections shall be at the
session of the general assembly next pro
ceeding the expiration of the terms of in
cumbents, except elections to fill vacan
cies. The day of election may be fixed
by the general assembly.
Par. and. The terms of the judges to be
elected under this constitution (except
to till vacancies) shall begin on the Ist
of January after their election, but if
the time of the meeting of the general
assembly shall be changed, the general
assembly may change (lie term of the
u dges selected thereafter.
Section. IV. —Par. 1. The super
ior couits shall have exclusive jurisdic
tion in cases of divorce ; in criminal
cases where the offender is subjected to
loss of life, or confinement in the peni
tentiary ; in cases respecting titles to
laud ; and equity cases.
Par 2. The general assembly may
confer upon the courts of common law,
all the powers heretofore exercised by
courts of equity in this state.
Par 8. Said courts shall have juris -
diction in all civil cases, except as here
inafter provided.
Par. 4. They shall have appellate ju
risdiction in all such cases as may be
provided by law. 1
Par. 5. They shall have power to cor
rect errors in inferior judicatories, by
writ of certiorari, which shall only is
sue on the sanction of the .judge ; and
said courts, and the judge thereof, shall
have power to issue writs of mandamus,
prohibition, scire facias,, aud all other
writs that may be necessary for carry**
ing their powers fully iuto effect, and
shall have such other powers as arc, or
may be, conferred on them by law.
Par. 0. The general assembly may
provide for an appeal from one jury, in
the superior and city courts to anothor
and the said courts may grant new tri
als on legal grounds.
Par. 7. The court shall render judg
ment without the verdict of a jury, in
all civil cases founded on unconditional
contracts in writing, where an issuable
defense is not filled under oath or affir-
mation .
Par. 8. The superior courts shall sit
in each county not less than twice in
each year, at such times as have been,
or may be, appointed by law.
Par. 9. The general assembly may
provide by law for the appointment of
some proper person to preside in cases
where the presiding judge, is. from any
cause, disqualified.
Section V. —Par. 1. In any county
within which there is, or hereafter may
be. n city court, the judge of said court
and of the superior court, may preside
iu the courts of each other iu cases
where the judge of either court is dis
qualified to preside.
Section VI. —Par. 1. The powers
of a court of ordinary, and of probate,
shall be vested iu an ordinary 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 prescribed by law.
Par. 2. The courts of ordinary shall
have such powers in relation to roads,
bridges, ferries, public buildings pau
pers, county officers, county funds,
county taxes, aud other county mat
ters. as may be conferred on them by
law.
Par. 4. The ordinary shall hold his
office for the term of four years, and un
til his successor is elected and quali
fied.
Section VII. — Paragraph I. There
shall be iu each militia district one jus
tice of the peace, whose official term, cx
cept when elected to fill an unexpired
term, shall be four years.
Par. 3. Justices of the peace shall be
elected by the legal voters iu their re
spective districts, and shall be commis
sioned by the governor. They shall be
removable on conviction for malpractice
in office.
Si-a tion VU 1. Paragraph 1. Com ,
ihfftioiiQtl notaries public, nut to exceed
brfeVor each militia district, may be ap
pointed bv the judges of the superior
courts in their respective circuits, upc 11
recommendation of the grftiict juries of
the several counties. They shall be
commissioned by the governor for the
term of four years, anil shall be ex of- 1
ticio justices of the peace, and shall be*
removable on conviction for malpractice
in ollice.
Section IX.—Paragraph!. The ju
risdiction, powers, proceeding and prac
tice of all courts or officers invested
with judicial powers (except ci‘y courts) j
of the same grade or class, so far as re
gulated by law, and the force and effect
of the process, judgement and decree,
by such courts, severally, shall be uni
form. This uniformity'Ann* tbe estab
lished by the general assembly.
Section X.—Paragraph 1. There
shall be an attorney general of this
state, who shall be elected by the peo- j
pie at the same time, for the same term
and in the same manner as the govern - 1
or.
Par. 2. It shall he the duty of the at
torney general to act as the legal advis
er of the exccutiye department, to repre
sent the state in the supreme court in all
capital felonies ; and in all civil and
criminal cases in any court when requir
ed by the governor, and to perform such
other services as shall be required of him
by law.
Section XI. —Paragraph 1. There
shall be a solicitor general for each ju
dicial circuit, whose official term ex-
cept when commissioned to fill an unex
pired term, shall be four years.
Par. 2 It shall be the duty of the sol
icitor general to represent the state in all
cases in the superior courts of his circuit
and in all cases taken up from his circuit
to. the supreme court ; and to perform
such other services as shall be required
Of him by law.
Section XU.—Paragrah 1. The judg
es of tne supreme and superior courts,
rfnd solicitors general, shall be elected)
by the general assembly, in joint session
on such days, or days, as shall be fixed
by joint resolutions of both houses.
At the session of the general assem
bly vvnich is held next before the
expiration of the terms of the pres
ent incumbents, as provided in this
constitution, their successors shall
be chosen ; aud, the same, shall
apply to the election of those who shall
succeed them. Vacancies occasioned by
death, resignation or other cause, shall
be filled b.C appointment of the govern
or, until the general assembly shall con
vene, when an election shall be held to
fill the unexpired portion of the vacant
terms,
Section Xlll.—Paragraph 1. The
judges of the supreme comt shall have,
out of the treaspry of the state, salaries
not to exceed three thousand dollars per
annum; the judges of the superior courts
shall have salaries not to exceed two
thousand dollars per annum; the attor
ney general shall have a salary not to
exceed two thousand dollars per annum;
and the solicitors general shall have saU
eries not to exceed two hundred and fif
ty Hollars per annum; but the attorney
general shall have any fee or perquisite
in any cases arising after the adoption of
this constitution; but the provisions of
this shall not affect the salaries of those
now in office.
Par. 2. The general assembly may,
at any time, by a two-thirds vote of
each branch, prescribe other and dif
ferent salaries for any, or all, of the of
licers, but no such change shall affect
the officers then in commission.
Section XIV. —Paragraph J. No
person shall be judge of the supreme
or superior courts, or attorney general,
unless, at the time of 1 * Is election, he
shall have attained the age of thirty
years, and shall have been a citizen <>f
the state three years, and have • prac
ticed law for seven years ; and no per
son shall be hereafter elected solicitor
general, unless at the time of his elec
tion lie shall have attained twenty*
five years of age, shall have been a<at
izen of the state for three years, and
shall have practiced law for three
years next preceding his election.
Section XV. —Paragraph 1. No to-
tal divorce shall be granted, except on
the concurrent verdicts of two juries,
at different terms of the court’
Par. 2. 'When a divorce is granted,
the jury rendering the final verdict
shall determine the rights and disabil
ities of the parties.
Sectioii XVI. —Paragraph 1. Di
vorce cases shall be brought in the
county where the defendant resides,
if a resident of this state ; if the defen
dant be not a resident of this slate,
then in the county in which the plain
tiff’ resides.
Par. 2. Cases respecting titles to
land shall be tried in the county where
the land lies except where a single
tract is divided by a county line, in
which case the superior court of either
county shall have jurisdiction.
Par. 3. Equity cases shall be tried
in the county where a defendant re
sides against whom substantial relief
is prayed.
Par. 4. Suits against joint obligors,
joint promissors, copartners, or joint
trespassers, residing in different
counties, may be tried in either coun
ty.
Par. 5. Suits against the maker
and endorser of promissory notes, or
drawer, acceptor and endorser of for
eign and inland bills of exchange, or
like instillments, residing in different
counties, shall be brought in the coun
ty where the maker or acceptor re
sides.
Par. C. All other civil cases shall be
tried in the county' where the defend
ant resides, and all criminal cases
shall be tried in the county where
the crime was committed, except cas
es iu the superior courts where the
judge is satisfied that an imparti
al jury cannot be obtained in such
county.
Section XVi 1.-Paragraph 1. The
power to change the venue in civil
and criminal cases shall be vested in
the superior courts, to be exercised
in such manner as has been, or shall
be, provided by law
Section XVIII.-Paragraph 1. 4 lie
right of trial by jury, except where it
is otherwise provided in tins consti
tution, shall remain inviolate, but the
general assembly may prescribe any
numbbv, not less’than live, to :on
slituLe a, trial of .traverse, jury in
courts bthcr than * the superior and
city' courts.
Par. 2. The general assembly
shall provide by' law for 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. Nev
ertheless. the grand jurors shall be
competent to serve as traverse ju
rors.
Par. 3. It shall ho the dntv of the
general assembly, by general laws, to
prescribe the manner of fixing com
pensation of jurors iu all counties in
this state.
Section XIX--Paragraph 1. The
general assembly shall have power to
provide for the creation of county
commissioners in such counties as
may require (hem, and to define tlicir
duties.
Section XX.—Paragraph 1. All
courts not specially mentioned l\v
name, in tlie first section of this ar
ticle, may be abolished in anvcounty
at, the discretion of the general assem
bly.
Section XXl.—Paragraph 1. The
costs in the supreme court shall not
exceed ten dollars, until otherwise
provided by law. Plaintiffs in error
shall not l>e required to pay costs in
said court when the usual pauper
oath is filled in the court below.
AKTICLE VI r—FINANCE, TAXATION
AM) TITE prune n EBT.
Se< rrox' T.—Paragraph it The
powers of taxation over 1110 whole
state shall be exercised bv the gener
al assembly fur the fallowing purpo
ses only ;
For the supixu t of tiie stale gov
ernment and the public inst : unions.
For educational purposes, in in
structing cnililreii m the elementary
branches of an English eduealion
only.
To pay the interest on the public
debt.
To suppress insurrection, to repel
invasion, and defend the slate in
time of war. T
To supply the soldiers who lost a
limb, or limb-.-'in (lie .military ser
vice of the ('unfed-cat ‘ States, with
substantial artificial limbs during
life.
Section 11. Paragraph I. All
taxation shall be uniform upon the
same class of subjects, and a 1 valo
rem on all property subject to be
taxed within the territorial limits of
of the authority levying the tax
and shall he levied and collected
under general laws. The general as
sembly may, however, impose a tax
upon such domesticanimals as, from
tlicir nature and habits, are destruc
tive of other property.
Par. 2. The general assembly
may, bv law, exempt from taxation
all public property, places of relig
ious jvorship or burial, all institutions
of public charity, all buildings erec
ted for and used as a college, incor
porated academy, or other seminary
of learning, the real and personal
estate of any public library, and that
of any other literary association, us
ed by or connected with such libra
ry, all books and philosophical ap
paratus, and all paintings and statu
ary of any company or association
kept in a public ball and not held as
merchandise orTor purposes of sale
or gain : Provided, the property so
exempted bo not used for purposes
of private or corporate profit or in
come.
Par. and. Xe poll tax shall be levied
except for educational purposes, and
such tax shall not exceed one dollar,
annually, upon each poll.
Par. 4. All laws exempting prop
erty from taxation, other than the
property herein enumerated, shall
be void.
Par. 5. The power to tax corpo
rations and corporate property shall
not he surrendered or suspended by
any contract or grant to which the
state shall be ;f party.
Section fH*— Paragraph 1. No
debt shall lib tracted by or on be
half of the state, except to supply
casual deficiencies of revenue, to re
lid invasion,. suppress insurrection,
and defend the stale in time of war,
or to pay the existing public debt ;
but the debt created to supply defi
ciencies in revenue shall not exceed,
in the aggregate, two hundred thou
sand dollars.
Section IV.—Paragraph 1. Ail
laws authorizing the borrowing of
money by or on behalf of the state
shall specify the purposes for which
the money is to he used, and the
money so obtained shall he used for
the purpose specified and lor no oth
er.
Section V. —Paragraph 1. The
credit of the state shall not be pledg
ed or loaned to'any individual, com
pany, corporation, or association,
and the state shall not become a joint
owner or stock holder in any compa
ny, association or corporation.
Section YU—Paragraph 1. The
general assembly shall, not authorize
any county, municipal corporation,
or political division of this stale to
become a stockholder in any compa
nv, corporation or association, or to
appropriate money for or to loan ils
credit to any corporal ion, company,
or unsocial ion. institution, or indi
vidual. exempt for purely charitable
purposes. This restnction shall not
operate to prevent the support, of
schools by municipal' corporal ions
within their respective limits : Pro
vided, that if any municipal corpo
ration shall offer to the state any
property for locating or building a
capitol, and the slate accepts such
offer, the corporation may comply
with such offer.
Par. 2. The general assembly shall
not have {power t.o delegate to any
county the right to levy a tax for
any purpose, except for educational
purposes in instructing children in
the elementary branches of an Eng
lish education only : to build and re
pair the public buildings aud bridg
es ; to maintain and support prison
ers ; to pay juror.- and coroners, and
for litigation, quaratiiic, roads, and |
expenses of courts; Ip support pan- j
pers and pa\ debtc,. ret of ore exist - j
ing.
Section Y 1 L —Paragraph . 1. Tin. j
debt hereafter incurred by any conn- j
iv, municipal corporation, or politi- |
cal division of ibis slate, except as j
in this cons! i t u turn provided for, j
shall never exceed .-even per centum
of the assessed value of all the taxa
ble property therein, and no such
county, municipality or division shall
incur any new debt, except for a
temporary loan or loans to supply
casual deficiencies of revenue, not to
exceed on ■ lifth of one p*.r centum
of Uiu assumed value of the taxable
property therein, without the assent
of two-thirds, *>f the qualified voters
thereof, at au for that pur
pose, to h *. held as may be prescribed
by law ; but any city, the debt of
which does not exceed seven pey cen
tum of the assOssyd‘value of the tax
able property al the time of the
■KpiaNMBqMHMMpHMMiaM
adoption of this constitution, nntvne
authorized f>V law to increase, at anv
time, "the'amount of .-awl debt, three
per centum upon such assessed vag
nation.
Par. I Anv county, municipal
corporation. or ]xlitiofi 1 division of
this state, which shall incur any
bonded indebtedness under the pro
visions of this constitution, shall, at
or before the tune of so doing, pro
vide for the assessment and collec
tion of an annual tax sufficient in
amount, to pay Hie principal and in
terest of said debt, within thirty
years from the date of the incurring
of said indebtedness.
Si;* tio\' Vll.—Paragraph 1. 'The
slate shul! not assume the debt nor
any part thereof, of any county, mu
nicipal e<rp Hirion or political divis
ion of the slate, unless such debt
sliaii be contracted to enable the
state to repot invasion,! suppress in
suri’oetions or defend itself in time
of war.
Section IX.—Paragraph 1. I'he
receiving directly or indirectly, by
any officer of slate or county, or
member or officer of the general as
sembly, of any interest, protits, or
perquisites, arfshig from the use or
loan of public funds in his hands, or
moneys to be raised through his
agency for state or county purposes,
shall be deemed a felony, and pun
ishable as may be proscribed by law,
a part of which punishment shall be
a disqualification from holding office.
Sk< tion X. Paragraph 1. Mu
nicipal corporations shall not incur
any debt until provision therefor
snail have been made by the munici
pal government.
Section Xl.—Paragraph 1. The
general assembly shall have no an*
thority to appropriate money, either
directly or indirectly, to pay the
whole, or any part, of the principal,
or interest, of the bonds, or ether
obligalions which have been pro*
nminced illegal, null and void, by
the general assembly, and the con
stitutional amendments ratified by
a vote of the people on the first day
of May, 1877 ; nor shall the general
assembly have authority to pay any
of the obligations created by the
state under laws during the late war
between the states, nor any of the
bonds, notes, or obligations made
and entered into during the exis
tence 1 of said war, the time for the
payment of which was fixed after the
ratification of a treaty of peace t e
tween the united Sta.es and tiX
Confederate States, nor shall l n
general assembly pass any law, or the
governor, or other state official en
ter into any contract. or agreement
whereby the state shall be made a
party to any suit, in any comt of this
stale, or of the United States, insti
tuted to test the validity of any such
bonds or obligations.
Section' X 11.—Paragraph 1. r l he
bonded debt of the state shall never
be increased, except to repel invasion
suppress insurrection, or defend the
state in time of war.
Section Xlll.—Paragraph 1.
The proceeds of the sale of the Wes
tern' and Atlantic, Macon and
lkmiswiek, or other railroads, held
by the state, and any other property
owned by the slate, whenever the
general assembly may authorize the
sale of the whole, or any part there
of, shall he applied to the payment
of the bonded debt of the stale, and
shall not be used for any other pur
pose whatever, so long as the state
has any exi ting bonded debt ; Pro*
vided, that the proceeds of the sale
of the Western and Atlantic railroad
shall be applied to the payment of
the bonds for which said railroad
lias been mortgaged, in preference
to all other bonds.
SECTION XIV.—-Paragraph 1.
The general assembly shall raise, l>v
taxation, each year.i n addition to the
sum required to pay the public debt
the sum of one hundred thousand
dollars, which shall be held as a
sinking fund, to pay oif and retire
the bonds of the state which have
not yet matured, and shall lie applied
to no other purpose whatever. If
the bonds cannot at any time he pur
chased at or below par, then the
sinking fund heiein provided for
may be loaned by the governor and
treasurer of the state ; provided,
the security which shall he deman
ded for said loan shall consist only
of the valid bonds of the state : but
this section shall not take effect un
til the eight per cent, currency
bonds issued under the act of Febru
ary the lpth, J S7 : . shall have boon
paid.
Section XV. Paragraph 1. I'lio
comptroller general and treasurer
shall each make to the governor a
quarterly report of the financial con
dition of the State, which report
shall include a statement of the as
sets, liabilities and income of the
state, and expenditures theiefor, for
the three months preceding: and it
shall be the duty of the governor to
carefully examine t In* same by him
self, or through competent j<ersons
connected with bis department, and
cause an abstract thereof to be pub
lished for the informatimi of the
people, which abstract shall ha en
dorsed by him as having been exam
ined.
Section - XYT, — Paragraph l.
The general assembly shall not, by
vote, resolution or order grant any
donation, or gratuity, in favor of any
person, corpoi.ititci or association.
Par. 2. -r— I'll;* genera! assembly
,-liall not grain <>r ca; ie>. extra
compensation to any pubhe oiiicer,
agent or coot factor after lire service
has ln'ou ren.ieyt a nd. or tin* emit race
entered into,
Section XV i-- Paragraph 1.
ihe otlice of tfu* state printer -hall
cease with Tie expiration of life term
of the present incumbent, and the
general assembly shall provide, bv
law, for letting the public printing
to the lowest responsible bidder, or
bidders, who shall give adequate and
satisfactory security for tin* faithful
performance thereof. Xo member
of the general assembly or other
public officer shall ho interested, ei
ther directly or indirectly, in any
such contract.
ARTICLE VI FI—EDI 'CATION.
SECTION 1. Paragraph 1. There
’ shall boa th ■: * -"l’m <*f eom
monTcliools for the education oi
children in the elementary branches
iof an English education only, as
nearly uniform as practicable, the
: expenses of which shall be provided
for by tixation, or otherwise. The
schools shall Le free to all children
of the state, but separate schools
si’.all be provided for the white and
colored races.
Section 2. — Paragraph 1. There
shall l>e a state school commissioner
.ipjKiintod by the governor, and con
firmed by the senate, whose term ot
i oilice shall be two year*, and. until
Ids successor is appointed and quali
fied. 11 is oilice shall le at the seat
I of government, and be shall be paid
i a Hilary not to exceed two thousand
i dollars per annum. The general as
sembly mav substitute for the state
school commissioner such otlicer, or
officers, as may ho doomed. Uiccessary
to perfect the system of public edu
cation.
SicrioN I.—Paragraph 1. Tire
poll tax, any educational fund now
belonging to the state (except the
endowment of the debt due to the
university of Georgia, a special tax
on shows and exhibitions, and on
the sale of spirituous- or mull liquors
—which the general assembly is
hereby authorized to assess-atid the
proceeds of any commutation tax
for military service, and all taxes
that may be assessed on such domes
tic animals as, from their nature and
habits, and destructive to oilier
property, are hereby set apart and
devoted to the support of c.unmon
schools.
Section IY.—Paragraph 1. Au
thority may be granted to counties,
upon the recommendation of two
grand juries, and to munipul corpo
rations, upon the recommendation of
the corporate authority, to establish
and maintain public schools in their
respective limits, by local taxation ;
but no such loyal laws shall take ef
fect until the same shall have been
submitted to a vote of the qualified
voters in each comity or municipal
corporation, and approved by a two
thirds vote of persons qualified to
vote at such election *, and the gen
eral assembly may prescribe who
shall vote on such question.
Section V.— Paragraph 1. Exis
ting local school systems shall not
be affected by this Constitution;
Nothing contained in section first of
!>i-’article shall bo construed to do
om e schools in this state, not coin-
iioi! <bools from participation in
the ediio itional fund of the state, as
to all pupils therein taught iii tile
elementary branches of an English
educatior.
Section VI. Paragraph 1. The
trustees of the University of Geor
gia may accept bequests, donations
and grants of land, or other proper
ty, for the use of said university.
In addition to the payment of the
annual interest on the debt due by
lie state to the university, the gen
eral assembly may, from lime to
time, make such donations thereto
as the condition of the treasury will
authorize, and the general assembly
mav, from time to time, make such
donation to any college or university
for the education of the colored peo
ple (not exceeding one) as the condi
tion of the treasury will authorize.
Par. 2. And the general assembly
nay also, from time to time, make
such appropriations of money as
the condition of the treasury will
authorize to any college or universi
tv, not exceeding one in number,
now established in this state for the
education of persons of color.
ARTICLE IX— HOMESTEAD AND EX
EM PTIONS.
Se< -tion I. Paragraph 1. There
shall be o.xemt from levy and sale,
except as hereinafter excepted, of
the properly af every head of a fam
ily, or guardian, or trustee of a fa.n
ils of minor children, or every aged
or infirm person, or person having
the cate and support of dependent
fejnales of any age, who is not the
head of a family, realty or personal
ty, or both, to the value in the
ao-orlegate of sixteen hundred dol-
Tars.
Section 11. Paragraph 1. No
court or ministerial officer in this
state shall ever have jurisdiction or
authority to enforce any judgement,
execution, or decree against the
property set apart for such purpose,
including such improvements as
may ho made thereon, from time to
time, except for taxes, for the pur*
money of the same, for labor
done thereon, for material funished
therefor, or for the removal of em
eu m Iterances thereon.
Section 111, —Paragraph 1. The
debtor shall have power to waive or
renounce (in writing) his right to
the benefit of the exemption provi *
ded for this in aiticle, except wearing
apparel and not exceeding three
hundred dollars wort.li of houshold
and kitchen furniture and provisions
for one year, to lie selected by 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 he sold by the debtor,
and his wife, if any, jointly, with
the sanction of the judge of the su
perior court of the county, where
the debtor resides'or the land is sit
uated, the proceeds to he r< invest >d
upon uses.
Section IV. Paragaaph l. The
general sssem'olv shall provide, by
law, as eariy as practible, for the
setting apart and valuation of prop
erty . Hut nothing in this article
shall be const rued to effect or re
peal the existing law for .exemption
of property from sale, contained in
the present code of this state in par
agraphs 2040 to 2049 inclusive and
the acts amendatory thereto. It
may be optional with the applicant
to take either, but not both of such
exemptions.
Section V. —Paragraph l. The
debtor shall have authority to waive
or renounce in wiiting his right to
the benefit of the exemption provi-
I ded for in section four, except as is
i excepted iu section 3 of this article,
i Section VI. Paragraph 1. The
I applicant jS&uii, at any time, have
j the right to supplement his exemp
tion by adding to an amount already
i util cL|tarU. 11 U less than the
i whole,amount of exemption herein
| allowed a SAtk-ienev to make his ex
emption equal to the whole amount.
Section \ 11—Paragraph 1. Ilom**-
stoads and exemptions of |fersoiial
property which have been heretofore
sot apart by virtue of the | rovisiom
of the existing constitution of HA
state, and in accordance with ttic
laws for the on fore me i it. thereof,
or which may tw fieronffer set npntv
at any time, shall be and lent A in ta
il'd as against all debts an l liabili
hilitics existing at the time of
adoption of this constitute n, t the
.same extent that they wonl I haw*
been bad said existing constitution
not been revised.
Section Y l l l. —Paragraph I. Right.
vyhich have become vested under
previously existing laws shall not be
effected by anything herein contain
ed. In all cases m vvhiou |,om,-
steads have been set apart it unfertile
constitution of 1 SOB, and thol nis
made in pursuance thereof, aa ,| u
bona fide sale of such p.opoiiy h i
been subsequently made, and tin,
full purchase price thereof has been
paid, all right of exemption in sinfj
properly by reason of having hwn
so set apart, shall eease in >,* far a?
it effects ti e right ot the purchaser.
In all such eases where a part onh
of the purchase price has been
such transaction shall be governed*
by the laws now of force iu this state,
in so farm- they affect the rights of
the purchaser, as though said prop-*
city had not been mt apart.
Pat** Parties who have taken
a homested of realty under the con
stitution of 18t;8‘ shall have th
right to sell said home, tead, and rein
vest the proceeds of the Yak* of the
home by order of the judges of the
superior courts of this state.
article x— Militia.
Section 1. Paragraph 1. A well
ivgulatid mill ia being es.-c..tial to
the peace and security of the state,
the gonial assembly shall have au
thority to provide by law bow the
militia of this state shall U> organi
zed, office red. trained, armed and
equipped ; and of whom it shall con
sist.
Par. 2. The general assembly
shall have power to authorize tho for
illation of volunteer companies and
to provide for their organization in
to battalions, regiments, brigades,
divisions and corps, vvitlusnch res trie
tion as may be prescribed by law.,
and shall have authority to arm and
equip the same.
Par. 2. f \ he officers and men ot
the militia and volunteer forces shall
not be entitled to receive anv pay,
rations, or emoluments, when not in
active service by authority of the
state.
ARTICLE XI. —COUNTIES AND COUN
TY OFFICERS,
Section 1. —Paragraph 1. Ka h
county shall be a body corporate,
with -itch powers and limitation- as
may be prescribed by law. All suit
by, or against, a county, shall be in
the name thereof; and tlu* metes
an 1 bounds of the several counties,
shall remain as now prescribed !>v
law, unless changed as hereinafter
provided.
Par 2. No new county shall ho
created.
Par. 3 County lines shall not l,*
changed or removed except l\
a two-thirds vote of the qualified \o
tors of the county voting at an elec
tion held for that pi pose, and a
two-thirds vole of the general as.-cm
blv.
Par. fi. Any county may be dis
solved and merged with contiguous
counties, by a two-thirds vote of Un
qualified election held for that jm
pose.
Section. 2. —Paragraph 1. Ihe
county officers shall be elected by :h*‘
qualified voters of their respeelivo
con ties, or districts, and shall hold
tl.eir offices for two years, they
shall be removed on conviction for
malpractice in office, and no pers-.n
shall be eligible to any of the office.-
referred to in this paragraph, mile s
lie shall have been a resident of the
county for two years, and is a quali
fied voter.
Section 3. Paragraph 1. What
ever tribunal, or officers, may here
after be created by the assembly for
the transacted! of county innt ter?,
shall be uniform throughout tlu
state, and of the same name, juris
diction and remedies, except that
the general assembly may provide
for the appointment of roads and
revenue in any county.
ARTICLE XII--TUE LAWS OF LEXER-
At OPERATION IN FORCE IN THIS
STATE. . .
Paragraph 1. The laws of gener
al operation in this state are, first, as
the supreme law: the constitution of
the United States, the laws of tho
Uni bed States in pursuance thereof,
and all treaties made under the au
thority of the United States.
Par. 2. Second. As next in au
thority thereto: this constitution.
Par. 3. Third. In subordination
to tho foregoing: All laws now of
force in this state, not consistent
with this constitution, and the oldi
nances of tins convention, shall re
main until the same are ntodifi>' 1
or repealed by the general asseinhl ..
And the tax and appropriation act'
passed at the session of the gum- 1 : *
assembly of 1577, and approved by
the governor of the state, and n>■
inconsistent with the constitution,
are continued of force until alt nv*
by law. ■ ■ '■ " ~
Par. 1. Local and private a-‘
parsed for the liendit of count*' .
cities, towns, and private jierso.i' ■“
corporations, not inconsistent w " 1
the supreme law, or with thisco.c 1 '
tut ion, and which have not c\pii 1
nor been repealed, shall have •
force of statute law, subject t • J"
cial decision as to their \aii i
when passed, and to any lluiitat.
imposed bv their own terms.
i'ar. a. All rights, privilege
immunities which may have v ‘ ,l
in v>!• accrued to. any person oi IKIl Kl
sons, or corporation, in his, *"*. ul
their own right, or in any tidai iai.\
capacity, under, and in wit-c °
any act of the general a!jeii->c >
Concluded next weeL