McDuffie weekly journal. (Thomson, McDuffie County, Ga.) 1871-1909, September 05, 1877, Image 1

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Volume VH. White &i Corrdas- HUsuffie Ot'lfrhli] |onnutl. PUBLISHED EVERY WEDNESDAY. TERMS. - - 81.00 A YEAR. Advertising- Kates. .Kick RMi>s*^nont.v'i^Wrf!on...:‘.f v 7^ One square three months 10 00 One square six months 15 00 One square twelve months 20 00 Quarter column twelve months 40 00 I Half column six qa00tiiK................ 4*o 00 ; . Half column twelve months 75 00 Hbu column twelve months 12. 00 <>:• 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