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Volume VH.
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<>:• l' s- <• ’Usidi-rt <1 a square
*■ ■ ' •
ll-
PFsiVksA
E. WATSON,
HI J
-
Hdson,
M>i;xi:v n i t tv.
HIH. •' 1 '
Bv
Ihinsi 1 ,,, v
t f
■ ALBERT HAPE,
By.mi-1 t<>Ki<l>'iii I )•>> i i->.
still be found ready to attend to the
want* of old and now pat rons, if desired, at
their residences.
Will also, as heretofore, practice in adjoin
ing comities. I’auic prices insured and all
work warranted
Office at the residence of W. E. Sjmir.
Please address by letter, at Thomson, Oa.
CB tf 5| .1 :f. 'l'
Cfiitnil t)oH
IB'Y
MRS. W. M. THOMAS.
AUGUSTA, GEORGIA
Bflptltf
DO YOU WANT
CHOICE EAlirtO' OKOCEBIES
'’"'"V * *OF ALL KINDS,
CONFECTION URIE^,
NUTS, CRACKERS, Ac.,
If no, call on
_J, F. SHIELDS.
JUST RECEIVED.
JSI. large supply of
TENNESSE CORN,
;i). S. BACON.
Always ft fresh Supply of MEAL on
hand.
COFFEE, SUGAR A TOBACCO, spe
oialtioe.
J. F. Shields.
JtgWN PROPERTY
fc^Sale.
jaftAsnitahri to
gj|4
in en-
B. buggy
: ; . Warn
W#r
Wwet now on the
■taßiU famished
"A
• K
BPPTt (lusirabl.-
Thomson. Gn.
MCDUFFIE MILLS,
THOMSON, GA„
J. S. SHIELDS & SON, PBOPiiiKToua
. yV E a large outlay of money,
compieteil and an; no* operating is tine a
net of Mill* for both Wheat ami Corn, a*
ran be found in .lipldh: Georgia. Every
thing being of tire latest and most ap
proved patterns, and with experience in the
business, we hope to merit and receive a
share of public patronage.
COTTON G 1 X.
With a large and commodious Gin House
and one of the finest Gins ever manufac
tured. we will be ready at the beginning of
the season, to gin and pack cotton for all
who desire to give ns their patronage. We
guarantee a good sample ana neat package.
Give ns a trig).
Hlsq* J. S. SHIELDS & SON.
Send Your Orders For
SUGAR ROLLERS
AND
TT £1 T T 3L. 138
TO
GEO, 1- LOMBARD & CO,
Forest City Fopry
—AND- j
Machine Works,
Augusta> CS-a.,
C-iTCasting and Machinery of all kinds
Mna \e to order promptly.
m HTWe use wraught Iron Journals in our
CONSTITUTION OF 1877.
THE OUTCOME OF THE LABORS
OF THE CONVENTION.
THE FULL TEXT OF THE INSTRUMENT CARE
FULLY COMPARED WITH THE OFFICIAL
COPY. *3*, * , :
.. mr • -
[ Continued from last Issue. ]
ARTICLE V—EXECUTIVE DEPARTS! riStT.
Section 1. Paragraph 1. The pffloers
of the executive department shall consist 1
| of n Governor, secretary of State, oomp
; JhcoUw geperaland treasurer.
; “ Par, 'l. The executive jxnrersljMl bs
vested in a Governor, who shall hold his
| rffieo during ti o term of two years, and
until his successor shall be chosen and
qualified. Ho shall not ho eligible to
i re-Mection, after the expiration of a
1 second term, for the period of four vcnrsjv
ttUe, shall have a salary of three, tbointrttwf
dofcira toit amittro, otlierwif e pro
vided l*v ahtw-.pai-Kf and liy a tno-tlurds
i vote, of both branches of the General j
j Assembly) which shall not be imneosed
jor ilimimsbed during the period for
i whieli he shall have been elected; nor
( shall he receive within that time, any
i other emolument from the United States,
j or either of them, or from any foreign
j power. But this reduction of salary shall
| not apply to the present term of the
I present Governor.
Par. 3R The first election for Governor,
j under this Constitution, shall be held on
; the first Wednesday in October, 1880,
j and the Governor-elect shall las installed
; in office at the next session of the General
i Assembly. An election shall bike plane
‘ biennially thereafter, on said day, until
) another date be fixed by the General
i Assembly. Said election shall bo held
j at the places of holding general elections
in the several comities of this State, * in
; the manner prescribed for the election of
| members of the General Assembly, and
tho electors Bhall bo the same,
l’ar. 4. Tho returns for every election
of Governor shall be sealed up by the
managers, wperatoly from other returns,
and directed to the president of the
Senate and speaker o' tin) House of Kep
resentntievs, and transmitted to the s*!*-
retary of state, who shall without open
ing said returns, cause the same to be
laid before the Senate on the day niter
tin* t, ’ 0 houses been organized,
and they ahull bo truimmitted by Honato
to the llouse of Ih-presentatives.
Par. 5. The memberH of each branch
of th • General Assembly shall convene
in the Representative hall, and tho pvori
-1 dent of fclje Senate ami the speaker of
f the Honsfc of Repri'yentative.s, shall open
! ami pubisli the returns in the presence
j and under the direction of the General
] Assembly ; and the person having the
! majority of the whole number of votes
j shall be declared duly elected Governor
of this Btute ; blit, if no person shall
have such majority, then from the two
! persons having tho highest number of
! votes, who sUW.I b'' in life, and shall pot
t dirM '*,*?• nT/c ; thi time nppoint
| ed for tho General Assembly to elect,
| the General A; aembly shall, immediate
j Jv, elect a Governor viva voce; and in
all eases of election of a Governor by.
the General Assembly a majority of the
members present shall be necessary to a
choice.
Par. 0. Contested elections shall be
determined by both houses of the Gen
eral 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 Htutes fifteen
years and a citizen of the State six years,
and who shall not have attained the age
of thirty years.
Par. 8. In case of the death, lhsigmi
tiou or disability of the Governor, the
pi evident of tin* Senate shall exercise tile j
1 executive powers of the Government
| until such disability be removed, or a
| successor is elected and qualified. And
I in case of the death, resignation or disa
! bility of the president of the Senate, the
S speaker of the house of Representatives
j shall exere e the executive powers of
i the Government, until the removal of
, the disability, or the election and quali
i fi cut ion of a Governor.
Par. 0. The General Assembly shall
I have power to provide by law, for filling
| unexpired terms by special elections.
Par. 10. The Governor shall, before
ihe enters on tlyi duties of,hjs yfficu, take
jltrtfe Ipllourfhg-oath (fr afflriff atimi * ’“f do
[ solemnly sweas (or affirm as the case
| may be) that I will faithfully execute the
office of Governor of the State of Geor
| gia, and will, to the best of my ability,
I preserve, protect and defend the Consti
tution thereof, and the Constitution of
j the United States of America.”
i „ J'ar. 11. Tho Governor shall be com*
j mau£ler-in-chif.<'f the, army and navy of
[ this Slate, and of the militia thereof.
Par. 12. He shall have power to grant
; reprieves ami pardons, to commute pen
: alties, remove disabilities imposed by
j law, and to remit any part of a sentence
| for offenses against tue State, after con
; viction, exce pt in cases of treason and
j impeacbtffeiit, subject to such regulations
i as may be provided by law relative to
the manner of applying for pardons.
Upon conviction for treason, he may
suspend the execution of the sentence
and report the case to the General As
sembly at the next Dieting thereof, when
the General Assembly shall either
pardon, commute the sentence, dire. t its
execution, or grunt a further reprieve.
He shall, at each session of the General
Assembly, communicate to that body
each case of reprieve, pardon or commu
tation granted, stating the name of the
convict, the offense of which he was con
victed, the sentance and its date, the
date of the reprieve, pardon or commu
tation, and the reasons for granting the
same. He shall take care that the laws
are faithfully executed, and shall be a
conservator of the peace throuhgout the
state.
Par. 13. He shall issue writs of elec
tion to fill all vacancies that may hup pen
in the Senate or House of Representa
tives, and shall give the General Assem
bly, from time to time, information of
| the state of the Commonwealth and re
i commepd to their consideration such
j measures as he in y deem necessary or
j expedient. He shall have power to con
| voke the General Assembly on’extrao
rdinary occasions, but no law shall be
i If mute <rat Coiled sessions of the Genex-al
j Assembly except such as shall relate to
the object stated in bis proclamation
| convening them,
* Par. 14. When any office shall become
I vacant, by death, resignation, or other
i wise, the Governor shall have power to
I fill such vacancy, unless otherwise pro
! viaed by law ; and persons so appointed
j shall ooßtinne iff office ‘until a successor
| is commissioned, agreebly to the mode
pointed out by this Constitution, or by
j law iu pursuance thereof,
| Par. 15, A person once rejected by
| the Senate shall not be re-appointed by
l the Governor to the same office during
i the same session, or the recess thereafter.
Par. IC. The Governor shall liavo the
1 revissioq otyali bills passed by the Gen-
“.1 MAP OP IV Si 1. ITT.; ITS JI.VC7VATUIKS AKb ITS VAST COKVKXK&"
oral Assembly, before the same bIiuII
become laws, hut two.thirds of each
house may pass a law, notwithstanding
liis dissent, and if any bill should not be
returned by the Governor within five
days (Sunday exeoptedl after it Ims been
presented to him, the same shall be a
law; unless the General Assembly, by
their adjournment, shall prevent its re
turn. He may approve any appropria
tion, nud disapprove any other appropri
ation, in the same bill, and the latter
shall net J>o effectual, unless passed by
two-thirds of each house.
Par. 17. livery vote, resolution, or
order, to which the occurrence of both
(louses may too necessary, except on a
question of election, or adjournment,
Shall be presented to the Governor, and
and before it slntil tuke effect’b’: l approved
by him, or, being disapproved, shall he
repassed by two-thirds of each house.
par. 18. lie may require information,
in writing, from the ouioora in the exec
utive department on any l subject relating
to the duties of their-‘respective offices.
T 1 ■ shall ho the duty of the Governor,
quarterly, and oftguer if ho deems it
expedident, to cxrfniine, under-oath, the
treasurer and comptroller general of the
Stab- on *ll matters pertaining to their
respective offices, and to inspect and
review their books and accounts, Tho
General Assembly shall have authority
to provide 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. IS. The Governor shall have
power to nppoiut his own secretaries,
not exceeding two in number, and to
provide such other clerical force as may
be required in his office, lmt the total
cost for secretaries and clerical force in
his office shall not exceed six thousand
debars per annum.
Section 11. Paragraph 1. The secre
tary of State, Comptroller General and
treasurer shall be elected by tin* persons
qualified to vote for members of the
General Assembly, at the same time and
in the same manner us the the Governor.
The provisions of the Constitution as to
the transmission of the returns of elec
tions, coupting the votes, declaring tho
result, deciding when there is no ofoev
tion and when there is a contested elec
tiou, applicable to the election of Gov
ernor, shall apply to the election of sec
retary of State, Comptroller General and
treasurer; they shall be commissioned
by the Governor and hold their offioos
for the same time ns the Governor,
Par. 2. The salary of tho treasurer
shall not exceed two thousand dollars
per annum. The clerical expenses of
t his department shall not exceed sixteen
hundred dolWa per annum,
Par. 3. The salary of the secretary of
State shall not exceed two thousand dol
lars per annum, and the clerical expenses
dl litis department shall not fcxeecd one
thousand dollars per annum.
Par. 4. The salary of the com pic Her
shall not exceed two thousand
dollars per annum. Thy elorie.il expenses
of bis department, including the insur
ant department nffu v;i!d land ‘clerk,
shall not exceed four thousand dollars
per annum—and witeut said clerk it shall
not exceed three thoustmd dollars per
auDUiff.
Par. 5. f J he tionsdrev shall not 1 &
allowed, directly or indirectly, to receive
any fee, interest or reward from any
person, bank or corporation, for the
deposit or use, in any manner, of the
public fund*, and the G< rferal Assembly
shall, enforce this provision by r.nitablo
penalties,
Par. (I. No person shall Vie eligible to
the office of secretary of Btato, comp
troller general, or treasurer, miles* he
shall have been a citizen of the United
States for ten years,, and shall have re
sided in this State for six years next
proceeding his election, and shall be
t wenty-live years of age. when elected.
All of said officers shall give bond and
security, under regulations to be pre
scribed by law, for the faithful discharge!
of their duties.
Par. 7. The secret) ry of State, the
comptroller general, and the treasurer
shall not be allowed any fee, perquisite
or compensation, other than their salaries
as prescribed by law, except their nec
essary expenses when absent from tl e
seat of Government on business for the
State.
Section Ilf. Par. 1. The groat seal
of the State -shall be deposited in the
office of the secretary of State, and shall
not be affixed to any instrument of writ
ing except by ordej of the Govornor or
General Assembly, and that now in use
shall be the gioafc seal of the State until
otherwise provided by law.
ARTICLE VI —JUDICIARY,
Section I. Par. 1. The judicial powers
of this State shall be vested in a supreme
court’, superior courts, courts of ordinary,
justices of the peace, commissioned no
taries public, and such other courts as
Lave been or may be established by law.
Section XI. Par. 1. The Sup erne
Court shall consist pf a chief justice and
two associate justices. A majority of
the Court shall constitute a quorum.
Par, 2. When one or more uf the.
judges are disqualified from deciding
any case, by interest of others iso, the
Governor shall designate a judge, or
judges, of the Superior Courts to pre
side in said case.
Par. 3. No judge of any court shall
preside in any case where tho validity of
any bond - federal, state, corporation or
municipal—is involved, who holds in
his own right, or as the representative of
others, any material interest in the class
of bonds upon which the question to be
decided arises.
Par. 4. The chief justice and associ
ate justices shall hold their offices for six
years, and until tneTr successors arc
qualified. A successor to the incumbent
whose terra will soonest expire shall be
elected by the General Assembly in 1880;
a successor to the incumbent whose term
of office is next in duration shall be elec
ted by the General Assembly in 1882;
and a successor to the third incumbent
shall be elected by the General Assem
bly in 1884; but appointments to till
vacancies shall only be for the unexpired
terra, or until such vacancies are tilled
by elections, agreeable to the mode
pointed out by this Constitution.
Par. 5. The supreme *oifirt Shall have
no original jurisdiction, but shall be a
court alone for the trial and correction
of errors from the superior court*, ami
from the city" courts of Atlanta and
Savannah and such other like courts wi
may be hereafter established in other
and fcffiffi! sit at the at at of gofyern
ment, atrisucli in year,'‘"'its
shall be prescribed by law, lor the trial
aud determination of writs of error from
said superior aud city courts.
Pur. G. The supreme court shall dis
pose of every cane at tho first or second
term after such writ of otror is brought;
aud in case the plaintiff in error .shall not
be prepared *t the firtit term to pifosemto
the case unless prevented by providen
tial cause-rid shall be stricken from the
docket, aud the judgment below shall
stand affirmed.
Pur. 7. In any case tho court may, in
its discretion, withhold its judgment
THOMSON, GA:, SBPI’KMBEE 5, 1877.
■
until tjie next term after the
argued, *
Section Til. Far. it he a
judge of thK aupettor* courts lor e.Aeh
judicial circuit, whose term of office shad
be four years, and until his successor is
qualified, 110 may act in other circuits
when authorized by law.
Far. 2. The successors to Iho presont
incumbents shall bo elected by me Gem
oral Assembly as follows : To the half
(as near as may be) whose commissions
art* the oldest shall be elected in the year
| 1878, and to the others in tho
All subsequent elections shall b>. at the
session of tho General AsecmU-y i,u*xfc
preceding the ration of tho t 'rms of
iuortmhmita, U
eancjfs. The day., .orcmeSW 1
fixed by tho General Assembly.
Far. 8. The terms of the judge* to be
elected under this Constitution f except
to fill vacancies)” shall begin on the Ist.
of Juunury after their election, but if the
tinu> of the meeting of the As
sembly shall be changed, tho \Gneral
Assembly may change tho time wlUi the
terms of judges thereafter elected shall
begin. 4 ,
Section IV. Far. 1. The Superior
(hurts shall have exclusive jurisqiotion
in cases uf divorce, in criminal oases
where the offender is subjected to Joss of
life, or con tine men t in tho peni tertiary : '
in cases inspecting titles to land ; and !
equity cases.
Far. 2. Tho General Assemble may;
coiner upon the courts of common law,
all the powers heretofore exercis* and by
courts of equity in Ibis state.
Far. 8. Said courts shall hi^Vc^fTrrtr-i- 41
diction in all civil cases, except ns boro
in after provided.
Par. 1 They shall huvo appellate
jurisdiction in all such cases as nny be
provided by law,
Fur. 5. They shall have power t; cor*
I'ecfc errors in inferior judicatories, by
writ of certiorari, which shall onl\?.%sUe ;
on tho sanction of the judge;, iviuj said j
courts, and the judge thereof, shall, j-uive !
power to issue writs of mandamus] pro
hibition, scire facias, and all otheu writs
t hat may bo necessary for carrying their
powers fully into effect, and siiulEAmve
such, other us are, cr nmjr be,
conferred on them by law.
Far. (5. The General Assembly may j
provide for an appeal from one j'tip, in '
(lie superior and city courts, to antn her, !
and the said courts maygraut now trials
on legal grounds.
I‘ar. 7. The coiut shall render jjfclg- i
ment without (lie verdict of a jury, in ail!
civil cases founded on unconditional eoip :
tracts in willing, wlievo an wamble!
dufenco is uot filed under ontli or njq-m
--•tiion.
Far, 8. The superior courts shall sit !
in each county not- less than twits in
each yeai, at such ‘imas as have be i n, j
or may be, appointed by law.
Far, [). The General .Assembly nay !
provide by law for the appointment of j
some proper person 1o preside in cjuvs j
where the presiding judge is, from Wy 1
eaus< , disquaiitied. C*
Hectoin V, Par, 1. In any tmoA jJ.
vriiMii Vvhibii there, ir, hr hereafter itKjf
b l , a city court, the judge of said court,
:md of tho superior court, may preside
m tho courts of dgelnoriicr in cases where I
tho judge of eilficrcourt is dig. main tall
ro preside.
Section VI. Par. I. Tho powers of a j
court of ordinury, and of probate, shall
be vested in an ordinary for each county, !
from whoso decision there may be an!
appeal (or t by mmseiitof parties, without j
u decision j to Jim fmferior court-, under
pvfcwwibca hy litV/. ’
Par. 2. The courts of ordinary shall
have such powers m relation to roads,
bridges* ferries, public buildings, pau
pen*, county officers, county funds, coun-d
ty taxes, and other county matter*, as,
j may be conferred on them by law.
Par. 4’ 'flit* ordinary alia 11 hold his
offi (• lor the term of four years, and
until lijh successor is elected and quali
fied.
Section VII. pur. 1. There shall be
m each militia district one justice of the
peace, whoso official term, except when
elected to till an unexpired term, shall be
four years.
Par. 2. Justices of the peace shall
have jurisdiction in all civil cases arising
c.c conlraota, and in cases of injuries or
damages to personal property when tlie
principle sum dues net exceed one hun
dred dollars, and shall sit monthly, at
iixed times and places; but in all cases
there may bo an appeal to a jury in said
court, or an appeal to the superior court,
under such regulations as may be pro
icnbed by law.
Pur. 3. Justices of the peace shall be
elected by the. legal voters iu their re
spective districts, and shall b* commiss
ioned by the Governor. They shall be
removable on conviction for malpractice
in office.
Section V 111. Par. J. Commissioned
notaries public, not to exceed one for
each militia district, may bo appointed
by the judges of the superior courts in
their respective circuits, upon recom
mendation of tho giand juries of tho
several Counties. They shall be corn
mi . loned by ttie Governor for tho term
di lour years, und shall be tx o(fivLo
jubilees o; tue pt ace, shall be removable
on conviction lor malpractice in office.
bocuou la, Par. 1. The jurisdiction,
powers, proceedings and practice oi all
courts or officers invested with judicial
powers (except city courts) of Urn yr-me
grade or class, so far as regulated by law
und the force und effect of the process,
judgment and decree, by such courts/
seve ally, shall be uniform. This uni
iurmifcy must be established by tue
General Assemb y.
oeotion A. Par. 1. There shall be au
attorney general of this /Slate, who sha.i
i>e ei cit*u by the people, üb’ the samy
tune, fui’ the sum • term, and in the sum#
manner as the Governar.
Par. 2. It shall be the duty of the
atterney general to act as the legal atir
of li e executive d> partment, to
represent the ft tube in supreme court a
all capital felonies ; and in all civil ai,d
criminal cases in any court when required
uy tiie Governor, and to perform such
otuer services as shull be required of him
law.
ftection ll.—Par. 1 There Hhall lw: a
solicitor general for e. ch judicial ciictaf,
whose officiiii term, except wtien einn
missionea to fill attuncxpiied term, snaii
be lour years.
Par.* \L U sliull be tho duty of the so
licitor general to represent the state in
ail cases m the superior courts of hi*
oircu.l, and iu ail cases takeu up from
his circuit to the upreino court; audio
perforin such other service** oh may be
required oi him by iaw.
ftectio.i 12. Par. J lhe judges of the su
preme und’supenor courts, aud solicitors
goutm], snail be eiecied by the general j
assembly In joint session,- on such day,
or days up shull be Jtixcd *>y. jciut reKdu
tion's of bbtii houses. At the scssi u oi
ine general winch is held n xt
tbe-eiljnmthm of the terms tiie
present incuiubents, aa la tln-s
constitution, their succi sh<ni be
choseu; and the same sii&ii upply te tiie
election of those who shall succeed fncm.
Vacancies occasioned by death, resigna
tion, or other cause, shall be ffi&d by
• tho appointmout. of the governor, until
j the general assembly shall convene,
■ when an ellection shuil bo held to till the
ntiexpired portion of tho vacancies,
. Beet ion XIII. Far. 1. The judges of
the supremo court shall have, out of the
treasury 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 atn.'imi ; the attorney general
shall have a salary not to exceed two
thousand dollars ‘pet- annum; and the
solicitors general shall each have salaries
Oot to exceed t-wo hundred and fifty
dollars per annum: but the attorney
generiO shall not have \uy fee eu* perawi-
I % f " “in any
t-i<h' of this ’Constitution ; but the pro
visif nr of this stx't.ion shall not affect the
salaries of those now in office.
Far. 2. 'i’ho General Assembly may,
at any lime, by a two-thirds vote of each
brunch, prescribe other and different
salaries for any, or all, of the above
officers, but no such change shall affect
the officers then in commission.
Section XIY. Paragraph 1. No per
son shall be judge of the supremo or
superior courts, or attorney general, un
less, at the time of his election, ho shall
have'attained tho age of thirty years,
and shall have been a citizen of the stale
- three years, and have pract ised law for
seven years ; and n* person shall bo here
• adcr elected solicitor general, unless at ,
j the. time of l-ds election he shall have
I ‘•tfcrtined twenty-live years of ago, shall
• have been a •e, • of the state for three
yearn, ami shall have practiced law for
j three y.-ars next preceding luh election.
Section XV. Paragraph 1. No total
I divorce shall be granted, except on the
concurrent verdicts of two juries, at
different terms the court.
Far. 2. When a divorce is granted,
the jury rendering the Hunt verdict shall
determine the rights and disabilities of
tho parties.
Section XVl.—Par .1 Divorce cases
shall bo brought in the county where the
defendant resides, if a resident of this
state; if tho defendant be not a resident
of (Ids stale, then in the county in which
the plaintiff resides.
j Pur. 2. Oases respecting titles to land
| shall bo tried in the county wl ere the
j land lies, except whore a single tract is
i divided by a county lino, in which etiso
* the superior court of either county shall
have jurisffietion.
i Par. 3. —Equity cases shall be tried
j in the comity where a defendant resides
; against whom substantial relief is pruy
| ed.
i Par. 4—Bnits against joint obligors,
| joint proinisHors, copartners, or joint
j trespassers, residing in different counties
: may bo tried in either comity.
For. 5. Units against the maker and
I endorser of promissory notes, or drawer,
j acceptor and endorser of foreign or in
land bills of exchi.umb, or like instru
! mentis, residing in different counties,
shall be brought in county where the
i maker or acceptor resides,
j Par* 0. All other civil cases shall bo
4•' •.;• fcri H• . 1.- ndarit
j reaides, and all criminal cases Khali be
j tried iu the county where the crime was
committed, except eases iu the superior
I courts where the judge is satisfied that
■/an’ impartial jury cannot bo obtamod in
1 sty<h county.
-Section XVII. Par, 1. Tho power
i tijcbuhge tlie venue in civil find Criminal
j f!ifei wMr no vd. fed hi (ho superior
courts, to bo uxortriseil iu such manner
| uphfis been bi’ shall bo, provided by law.
Section XVIII. Paragraph 1. The
right of trial by jury, except where it is
ulhcAviKC provided in. this Constitution,
stall fhmiiin inviolate, but tho General
hambly may prescribe any number,
lie.t Jess than five, to constitute a trial or
ti e verse jury in courts other than tho
t jfpr* riov all a city c> 11 rts.
li’ar. 2. 'llie General Assembly shall
piovide by law for the selection of the
rnW experienced, intelligent and upright
m4i to serve as grand jurors, and intel-
Bginfc and upright men to serve as trn
veit.o jurors. Nevertheless, the grand
jiirirs t -hall be competent to serve as
traverse jurors.
Pic. 3. It shall be the duty of the
General Assembly, by general laws, to
prescribe the manner of fixing compen
sation of jurors in all counties in this
fit ate.
Section NIX. Par. I. The General
Assembly shall have power to provide
for tho creation of county commissioners
in such counties as may require them,
and to define their duties.
Section XX. Par. 1. All courts not
specially mentioned by name, in the first
section of this article, may bo abolished
in any county at tho discretion of the
Geni ral Assembly.
Ba f, tioii XXI. Paragraph 1. The
costa in the supreme court shall not
exceed ten dollars, until otherwise pro
vide! by law. Plaintiffs in error shall
not Ik) required to p y exists in said
court, when the usual pauper oath is filed
in tho cjui t hi low.
ARTICLE VII IINANCK, TAXATION*. ANI) TJIK
injiihi ; oy.ii v.
Section I. I'ara graph 1. Tho powers of
tTx&ii-m over the whole state shall bo cxer
oi ;e<l >v Hie popm-fd assembly for the fol
lowing j-nrpr.i.o;) only .
For the support of the state government
and the public institutions.
For educational purposes, in instructing
cftfltf/Y*n in the elementary branches of an
Engl,h education only.
To pay Hie interest.on the public debt.
To pay the principal of the public debt.
To suppress ins rrection, to repel inva
sion, and defend the utata in time of war.
To supply the soldiers who lost a Uuib.
or limbs, in the military service of the Con
federate States, with substantial artificial
iiiobs during life.
Section II Par. 1 All taxation shall bo
uniform upon the same cluss of subjects,
and fid r'lfarnu on nil property subject to
be taxed within the limits of the authority
levying the tax, and shall be levied and col
lected under general laws. Tho general as
sembly luuy, however, impose a taxon such
domestic animals as. from their nature and
habits, are destructive of other property.
Far. 2. The general assembly may, by
law, exempt from taxation all public prper
ty, places of religious worship or burial, all
institutions of purely public charity, all
buildings erected as a college, incorporated
academy, or ofc'ier seminary of learning,
the real or per onal estate of any public li
brary, and that of an> other literary associ
tion, used by or connected with such libiu
ry. all books and philosophical apparatus,
and all paintings and statuary of any com
pany or as odaHon kept in public hall mid
i>ot held as merchandise and for purposes
Af gain ; j*rmoled, the property so exempt
ed ho not used for purposes Of private or
corporate ptofit or income.
Fivr. 8, JXo poll tax shall bo levied gx
<:< pt for educational purposes, and such tax
shgll not exceed oue dollar, annually, upou
each poll.
Far. 4. AH laws exempting pi: party
front taxation, other tiiau the property
herein oummirated, shall be vo and.
Far a. Tt’p power to tfir corpoatlon/i
and - ojicrty shall not he smren
dci'od or ied by any graut to which
tllOstitOHlirtlll ,-apdly.
Hection lib Paragraph 1. No debt shall
bo contracted by or in b half of the state,
except to sumly casual deficiencies of reve
nue, U> repel m vie mu, suppress insnrrec
tioii, and (let(.id the ‘statu in time of war.
or to pay the existing public debt 5 ; ■ but no
debt created to supply deficiencies in reve
nue shall exceed, in tho aggregate, two
hundred thousand dollars.
Section IV.—-Paragraph 1. All laws au
thorizing the boro wing of money by or on
behalf of the state shall specify
poses for which tho money is to bo Wd,
and the money so obtained shall bo used
for tho purposes so specified aiyd for no
other.
Section Y.— Paragraph 1. The credit of
state shall not be pledged o - loaned to auy
individual, company, corporation, or nssci
ation, ami tho state shall not become a joint
owner or stockholder‘in any company, asso
ciation or corporation.
Section Vl. Paragraph 1 The general ns
sCmblv shaU L** autlurlza any county? mu
nicipal corporation, or political division of
the t .hie to become o stockholder in any
company, corporation,, or association, or
to appropriate money for, or to loan itN
credit to any corporation, company, associ-
institution, or individual, except for
purely charitable purposes. This provision
shall not operate to prevent the support uf
schools by municipal corporations within
their respective limits : l x r<mded< that if
any municipal corporation shall offer to tho
state any property for locating or building
a Capitol, and tlio state accepts such offer,
the corporation may comply with such
offer.
Fur. 2. The general assemble shall not.
i * • power to delegate to any county the
vi, V, io levy a tax for any purpose, except
for cduca- inl in instructing children in
the clement ,ry lira ehos of au English edu
cation only , to build and repair the public
buildings and bridges; to maintain and
support prisoners ; to pay jurors aid coro
ners, and for litigation, quarantine, roads,
and expenses of courts; to support paupers
and pay debts heretofore existing.
Auction VH. —Paragraph 1. The debt
hereafter incurred by any county, munici
pal corporation, or political division of this
state, except as in this constitution provid
ed for, shall never excood sov' n per centum
< f the asso sed taxable property therein,
without, the asßiit. of two-thirds of the quali
fied voters thereof, at nil election for that
purpose, to bo held as may bo prescribed
by law ; but any city whoso debt does not
exceed seven per centum of tho assessed
value of the taxable property at the time of
the adoption oo this constitution, may bo
authorized by law to increase, at any time,
tho amount of said debt, throe per centum
upon such asscKsod valuation.
Far. 2. Any county, mu icipul, or po
litical division of this state, which shall
incur any bonded indebtedness under the
provisions of this constitution, shall, at or
before the time of so doing, provide for tho
assessment and collection of an annual tax
sufficient to pay the principal and interest
of said debt within thirty yearn from the
date of the incurring of said indebtedness
Section Vm, —Paragraph 1. Tho state
shall uot assume the debt nor any part
thereof, of any county, municipal corpora
tion, or political division of the state, unless
such debt shall bn contracted to enable the
state to repel invasion, suppress insurrec
tion, or to defend the sta c m time of war.
Section IX- Paragraph X. Tho reooiv
ing. <|jtt*ectly or indirectly, by any officer of
.state or county, or member or officer of the,
general assembly, of piy p;t crests, profit, (
or perquisites, a firing 4viu tho use or loan
otpiibl# funds ifi Ids or nutfjeys J&-,
hofajsw th rough his fr*- state Jbi
county purposes, shall he dvemed a folorjy,
and h% pimishcd as prescribed by law. u
part of which punishment shall be u di|-
{jtialihoHtion from holding "ffie*:.
Mention X.~ Paragraph I. Municipal
corporations shall pot incur auy
ju-ovision ihevefov ; b been liiSJe by
the nuitiicipal goVeiiiiheiitj.
Hection XL---1 nmi.mj?:! 1, Tho gener
al assembly shall have j.o authority to ap
propriate money, either directly or indi
rectly, to pay tho whole. <r any part, of the
principal or interest, of the bonds or other
obligations which t liavo been pronounced
illegal, null and void by the general assem
bly, and the constitutional ameiubuentH
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 tho
obligatoions created by tlio state during tho
Into war between the stutos r nor any of the
bonds, notes, or obligations, made and en
tered into during the existence of said war*
the time for the payment of which was ffit
od after the ratification of a treaty of peace
between the Uffitccl States and tlio Confed
erate States ; nor shall the general assembly
pass any law, nor tho governor, nor any
state official enter into, any cm tract or
agreement, whereby the state shall be made
u party to any suit iu any court of this
state, or of the United Hfcato ’ instituted’to
test tho validity of any such bonds or obli
gations.
Section XII.- —Pur. 1 The bonded debt
of the state shall never be increased, except
to repel invasion, suppress insurrection, or
defend tho state in time of war.
Section XIII Pai. 1. Jhe proceeds
of the sale of the Western and Atlantic,
Macon and Brunswick, * r other roads, held
by the state, and any other property owned
bv tho state, whenever the general assuibly
may authorize the sale of the whole, or any
part thereof, shall be applied to the pay
mcut of tho bonded debt of the wtute, and
shall not he used for any bther purpose
whatever, so long as the state has any ex
isting bonded debt; Provided, that the
proceeds of the sale of the Western and
Atlantic railroa shall bo applied to the
payment of the bonds for which said ruil
',o;Li has been mortgaged, in preference to
all other bo ud ;.
S( ?; >•. / IV. Far. 1. The general aa
ru'Mtldv she'. 1 raise, by taxation, each year,
i in addition to the sum required t.o pay tUe
p. I,iic r-x* eiises and interest on the public
debt, the sum of one hundred thousund
dollars, which shall held as a sinking fund,
to pay oif and retire tho bonds of the state
which have not yet matured, and shall bo
applied to no other purpose whatever. If
the bonds cannot at auj timo'be purchased
at and below par, then the sinking fund
herein provided for may be loaned by the
governor and treasurer of tho state; Pro
;-idfd t the security which shall be domand
edfor said loan shall consist only of tho val
id bonds of the state; but this section shall
not tuko efleet untill the eight per centum
currency bonds, issued under the act of
February the lfith, 1*73, shall have beou
> paid.
Hection XV.—Par. 1. The comptroller
general and p’e insurer to
the governor a quarterly report of the fi
nancial condition of the state, which report
shall include a statement of the assets, lia
bilities and income of tho Htato, and ex
penditure therefor, for the thr*e mouths
proceeding: and it shall bo the duty of the
governor to carefully examine the same by
himself, or through competent persons con
nected with his department, and cause an
abstract therof to be published for the in,
formation of the people, which abstract
shall be endorsed by him us having been
examined
Hection id Far.l. Tho general assembly
shall riot, by vote, resolution or order,
grant any donation or gratuity, in favor of
any person, corporation, or association.
par O' —The general assembly shall not
| grunt or authorize extra compensation to
| any public officer, gent or contractor after
' the service has beeu rendered, or the cop.
i tract entered into.
| Section X, VII. —Far. T The office of state
] printer shall cease with the expiration of
I the term of the present incumbent, anil the j
| general assembly shall provide, by law, ipr
' j tting tlie public printing to tho lowest re
tpotUfttok bidder, or bidders, who shall give j
j ad* quate and satisfactory security foi tnc I
faithful performance thereof- No membir
; of the general assembly or other public offi
cir shall he interested, either directly or
i .directly, in any such contract.
A mCLK Vlli.—- EDUCATION.
Section 1. Paragraph 1. There shall
Ihi a* thorough'system of common schools
for the cdiiinn of children in the
elemeutary branches of au english edu
cotion only, n's nearly uniform as prac
ticable, the expenses of which shall bo
provided for by taxation, or otherwise.
The schools shall be free to' all children
of the state, but soperuto schools shall
be provided for the white and colored
moos.
Section 2. Paragraph 1. There shall
boa state school commissioner appoint
ed by Mm Gov rnol\ and confirmer] by
the Senate, whose term of office shall bo
two years, nud until his successor is ap
pointed and qualified; His office shall
be at Uiy scat, qf government; ami he ,
shall t)si paid a. salary no£7 exceed ifvo
thousand dollars per annum. -Tho Gen
eral Assembly may substitute for the
state school commissioner such offic^r-of
officers, ns may bo deemed necessary to
perfect the system of public education.
Section 111. Faragviiph 1, The poll
tax, any educational Wild in w belonging
to the state (except" tho endowment of
the debt due to Jhe university of Geor
gia, u special t-rtx on shows and exhibi
tions, and mi the sale of spirituous or
malt liqncnft—which tho General Assem
bly it hm/thy authorized to assess—and
the proceeds of any eommntatiod tax for
military corvico, and all taxes that may
be assessed on such domestics ahimals as,
from tlyjtir nature and habits, are destruc
tive to other property, are hereby set
apart paid' devoted to tho support of
common schools.
Section IV. Paragraph 1. Authority
may be granted to counties, upon tlm
recommendation of two grain! juries, mid
to municipal corporations, upon the
recommendation of tho corporate author
ity, to establish and maintain public
schools in Their respective limits, by
local taxation; but no such local laws
shall take off iet until the same shall huvo
been submitted tw a vote of the qualified
vo.ers iu each county or municipal cor
poration, and up proved by a two-thirds
vote of persons qualified to vote at suck
election ; and the General Assembly may
prescribe who BbaU vote oil such ques
tion.
Section Y;—Par. 1. Existing local
school systems shqjl not bo' affected by
this const tntion. Nothing eohtuinod iii
section first of this article shall bo con
strued to deprive schools iu this state,
not common schools, from participa
tion in the educational fundlof tho
state, as to. all pupils tlierin tat ft? lit in
the eleihtmbary of an UAglisU
education.
Section YI. —Par. 1 Tho trustees of
the University <4 Georgia may kguiapt
tlio tho bequests, doiu\t.ioi\s andfgrants
of land*, or other property, for tlnf use of
the Univi XHtiy In addition to tjbo.-pay
ment of the annual interest ou tJWihdit
due by the statu to the University, the
general assembly may, from time jfe trino,
make such donations thereto avnthp con
dition of the treasury will and
the general may, from tiny# to time,
. make such donation to anjy college or
f university for the olmaition Lf the cnlu?;-
I I’d p('oph)i s not.eivn
ditiuu ;f tin wilfautborizel
Par. 2. AijiT tii general assemlilv
may also, from time to time, make such
approprinßiuiH of money us the condi
tio u of the treaHury will Hiithorize to any
college or university, not exceeding one
in number, now e.-tablislied or hereafter
to be OBtabJisbed in this statu for the ed
ucation of persons rtf color.
AtITtCLE fX —HOMESTEAD AND EXEMI*T’IpNB.
Sectiyii I. Par. 4 Tbove shyil be
exempt from levy and sale, by vir.tup of
any piWceßfl whatever, under the laws of
tins Butte, except as hereinafter excepted,
of the property of overy head of a family,
or guardian, or trustee of a family of
'minor children, or every aged or infirm
per&oti, or person having tUq cure and
support of dependent females of i>ny ago,
who is not trio head of a family, realty
or nersoualiry, or both, to the value in
the aggregate bi sixteen hundred dollars.
Section 11. Par. 1. No court or min
isterial officer in this Statu shall ever
have jurisdiction or authority to enforce
any judgment, execution, or decree
against the property set apart for such
purpose, including such improvements
as may be made thereon, from time to
time, except for taxes, for the purchase
money of tire same, for labor done there
on, for material furnished therefor or
for the removal of eucuinbernuces there-
on.
Section 111. Par. 1. The debtor shall
have power to waive or reik unce (in
writing) his right to; benefit of the ex
emption provided fox iu this article,
except wearing apparel and not exceeding
three hundred dollars worth of I ouseholu
uim kitchen furniture und provisions for
• no year, to be selected by himself and
wife, if any ; and ho shall uot, after it is
wet apart, alienate or cucumber the prop
erty so exempted* but it may be sold by
; the debtor, and Ids wife, it any, jointly,
with the sanctum of tho judge of the
superior court of the county, where the
debtor resides or the land is situated,
thv i proceeds to be reinvested upon the
same uses.
Section IV. Par. X. The General As
sembly shull provide, byriaw, as early as
practicable, for the setting a-art and
valuation of said property. Hut nothing
in this article shall he construed t
or repeal the existing laws for exemption
of property from sale, contained in the
present code of this Btate in paragraphs
2040 to 2049 inclusive and tho acts uiuen
duti ry thereto. It may be optional with
the applicant to take either, but not both
of such exemptions.
Section V.—Par. 1 Tue debtor shall
have the right to waive or renounce in
writing Ins right to the be edit of ex
emption provided for iu Section four, ex
cept us is excepted iu Section 3 of tiiis
article.
Section Vl.—Pur. 1 The applicant
shall* at any time, have tho right to sup
plement his exemption by adding to an
amount already set apart winch is less
than thq whole amount of exemption
in rein allowed, a sufficiency Jto make his
exemption equal to tho who[e amount.
.Section Vll.—Par. 1. Homesteads
and exemptions of personal property
which have heretofore set apart by vir
tue of the provi ions of the existing con
stitution of this state, and in accordance
with the laws fur the enforcement there
of, or wfiitcli may be hereinafter set
apart, at any time, shall be and remain
valid us against all debts existing at the'
time of the adoption of this constitu
tion, to the snipo extent that they would
have been had said existiug constitution
not have been revised.
Section VJII.- Par. 1 Bights which
have become vested under previously ex
isting laws shall uot effeted by anything
herein contained, lu all cases where
homesteads have been set apart under
tue constitution of 18458, and the laws
made in, pursuance thereof, n bona Jlde
sale of such property has been made,
ami the full price thereof
been pirn!, all right of exemption in such
property by reason of having been so
set apart, shall ceitse in so far as it effota
the right of tiio purchaser, In nil such
cases where u p ut only of Hie purchase
money has been paid, such transactions
shall be governed by the dawtt now of
TANARUS" sL i ' • z vP'
TV umbel 30.
( tPropuiet ors.
force iu this state, in bo far as they affect/
the rights of the purchaser, ns thougl/
.said property had not been set apart. /
Far. 1). Parties who have taken /
homestead of realty under the coustitu-K
Mon of 1808, shall have the right to sell
said homestead, and reinvest the pro*
coeds of the sale of the homester by
order of the judges of tlio superior
courts of this state.
A STOLE X- MILITIA.
Section T. Par. 1. A well regulated!
militia being essrutinl to tile pence and
security of the State, the General Asseni*
' ldy shall hove authority to provide by
| low liow tlio huliUo,uf this State, shall lm
orgM'iizetl, omeereql owl-equipped; nu.l
of whom it shall ooojdsta.
Par. 2. Tile G-. rieral Assembly sbnll
sbw i sev tißßiitbarize tbe fornmtion c 4
volunteer coni|ianieK and to provide for
their organiz'diu inta hattalious, reg
immda, * brigaded, divflftpns and corps,,
with Mtoii restrictions n%., may be pre-:.
scribed by law, and shall have authority -
t i tom ami equip tlio same. K. V
! ’.o. Til.- ..f;S,vnt mid men of tlio
militia ami vuiOßtoer forces sbail not be,
i ohlilled to roolove iuiy pay, ratkma. or
emobuuonta, when not in aotive stirvioa
: .1 to, Hislo.
ARTICLE Xl OOfNTIES AN COUNTY OTO
■
f'ERS,
Section X. Par. 1. Eaeb-rouiffy, shafts
be a body oorporoto with siteU. powers'.,
and limitations as may lie prescribed by,
law. All suits by, or against, a county. ,
shall be iti tlio name therof; and tbe
metes and bounds of tbe.several comities,
shall remain as now prescribed by law,
unless changed as hereinafter providod.
Par. 2. No new county shall ho created.
Par. 8. County linos' shall not lie
changed, unless under tho operation of a
getioral hiw for that purpose.
Par. 4. No county site shall lie
changed or removed ricopt by a two-,
thirds vote of tho qualified voters, of tlio
county, voting at an election held for
that purpose, and a two-thirds vot®, of
the Cienerai Assembly.
Par. G. Any county may be dissolwly
end merged with contiguous counties, by
a two-tliirds.vote of the qualified electors,
of snob county, voting at au election,
held for that purpose.
Section 2. Paragraph 1. The county
ofik'era.pli&ll bp. elected by the qualified,
voters of their respective counties, or
districts, and shalL hold their offices fur
two years. They shall lie removed on,
conviction for malpractice in office, and
no person shall be eligible to auy of th&
offices refer,e.i to iu this paragraph, un-._
less ho shall have been a resident of the
county for two years, and is a qualified
voter.
rice iou 3; Paragraph 1 Whatever
tribuual. or officers, may hereafter lie,,
created Iff 14f General Assembjy for tii,
traiiKuctiou.o'. comity matters, shall fife
uuiform tlironghout tlio stqte, aud iA*rhe
same name, jurisdiction, and rem®ics,
except tjint -io ficncral
. n-vulo for of comiKss-. ,
• of g.afSr ... . javcuiro Illluuy-
K( J >
Aiitkilf. xn jJV* , four? ob Gimujral,
"V • 4
Paragraph 1, The laws of gUtecraN c>p-._
oration in tlii* state are, as th<f*u-_
preme law : the constitution of tlio
teil States, tlio laws of the United States
iu pursuance thereof, and all treaties,
iundo under tho authoity of the United
States.
Par. 2. Secoqd. Ap next in authority
thereto: this constitution.
Par. 3, Third. In subordination t 0.,,
the foregoing: A 1 lows now of force iu
this state, riot inconsistent with this con
stitution, and the or ina; ce * of this con-.,
vention, shall remain of force until the.
same arc modified or repealed by tlio
gem r.d assembly. And the tax and ap
propriation acts passed at the session of
the general assembly of 1877, and appro
ved by the governor of the state, and
not inconsistent with the constitution,
are continued of force until .altered by
ia iv.
Par. 4. Local and, private acts passed,
for the bendt of counties, <£ttes, teflrus
and private persons or imt
inconsistent with the supJKe^MHH
V i'll ! i.:s ::ulu e I,
not expired or
tho force of sta^l
d’.ciul decision a:^B
der,
General
1 -
, -"A * •
SS ’ i
; attacked’ ~ _
Par. ( i . A.ll
anil other proceedings, of the several
courts of this State, heretofore made,
within the limits of ti*eir several juris
dfc ions, arc hereby ratified a.ml affirmed,
subject only to reversal by motion for aj
-new trial, appeal, bill of review, oi other
proceeding, in conformity with the luw,-
, of force when they were made.
Far. 7. of the govern moot
now existing shall cdnAjniie in the exer
cise of their several funofcibTbuinJfcil then**
: successors are duly elected, appointed,
and qualified. But that nothing hereiu.
is to apply to any officer, whose office
may be abolished by this Constitution.
Par. 8. The ordinances of this Con
vention shall have tho forco of laws until*,
otherwise provided by the Geucral As
sembly, except the ordinance in r* Terence,
to stibmifcfcit g the homestead and capital
questions to a vote of the pimple, wilted
ordinances, after being vote ! on, shall*
have the effect of Constitutional proviso
ions. *
ARTICLE XJU. —AMENDMENTS TO THE OOA-.
I STITUTION.
Section, .r*aragrapb 1. Any amend
ment, or amendments to this Constitution
may be be proposed in the Senate or
Hohse of Kepresentatives, ami if the
same shall be agreed to by tw#-thirds of
the members elected to enou of the two
houses, such proposed ameimment of
amendments shall bo entered on tlieif
journals, with the yeas and nays taken
thereou. And the General Assembly
-httli cause such amendment or airn’iuf.
ments to be published in One or more
newspapers in e:ich eoUgressionat districtj
tor two inoutlis previous to the time of
holding tim
shall also provide for a submission of
such pro]iosed an.cndineiit or 'amend*-
went*, to the pf oplc at said next general
election, ..and if toe people shah ratify
such amendment or aaieujluieirtfq by a
mujorit y of the eie tors' qua! fied to iota
for members of the General As&eiirblyl
oioting thereon/ such anuimlmeut' or
amemlnn nts, shall beco-.i e a part of this
Constitution. When more , thau oue
uim-ndment is submitted at the sume
time, they shall lie so submitted as to
enable the electors to vote on
amendment separately.
[Continued uu paye Fourth, f