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PAGE TWO-A
gecurities to be paid, when due, to
‘the company so depositing. Any
such securities as may be needed
or desired by the company may be
taken from said department at any
time by replacing them with other
gecurities equally acceptable to the
Comptroller General, whose certifi
cate for the same shall be furnished
to the company.
Paragraph I{". General Assembly
to enact laws for people’s protec
tion, ete. The General Assembly
ghall, from time to time enact laws
to compel all fire insurance compa
nies, doing business in this State,
whether chartered by this State, or
otherwise, to depetit reasonable se
curities with the Treasurer of this
State, to secure the people against
loss by the operations of said com
panies.
Paragraph V. Reports by insur
ance companies. The General As
sembly shall compel all insurance
companies in this State, or doing
business therein, under proper pen
alties, to make annual reports to
the Comptroller General, and print
the came at their own expense, for
the information and protection of
the people. |
ARTICLE V. b
Executive Department,
Section I.
Pavagraph 1. Governor; Term of
Office; Salary, ete. The executive
power shall be vested in a Gover
nor, who shall hold his office dur
ing the term of four years, and
until his successor shall be chosen
and gualified, The Governor serv
ing at the time of the adoption of
this Constitution and future Gover
norg shall not be eligible to succeed
themselves and shall not be eligi
ble to hold the office until’after the
expiration of four years from the
conclusion of his term of office. He
shall have a salary of seven thou
gand five hundred dollars per an
num until January 1, 1947, The sal
ary of the Governor for each year
thereafter shall be twelve thousand
dollars per annum until otherwise
provided by a law passed by a
majority vote of both branches of
the CGeneral Assembly, which shall
not be increased or diminished dur
ing the period for which he shall
have been elected; nor shall he re
ceive, within that time, any other
emolument from the United States,
or either of them, or from any for
eign power., The State officers,
required by this Constitution to be
elected at the same time, for the
game term, and in the same man
ner as the Governor shall also hold
office for four years.
Paragraph 11. Election for Gov
ernor. The first election for Gover
nor, under this Constitution, shall
be held on Tuesday after the first
Monday in November of 1946, and
the Governor-elect shall be installed
in office at the next session of the
General Assembly. An election
shall + take place quadrennially
thereafter, on said date, until an
other date be fixed by the General
Assembly. Said election shall be
held at the places of holding gen
eral electipng in the several coun
ties of this State, in the manner
Erer('ribed for the election of mem
ers of the General Assémbly, and
the electors shall be the same,
Paragraph 111. Returns of elec
fions. The returns for every elec
tion of Governor shall be sealed up
by the managers, separately from
other returns, and directed to the
President of the Senate and Speak
er of the House of Representatives,
and transmitted to the Secretary of
State, who shall, without opening
said returns, canse the same to be
laid before the Senate on the day
after the two houses shall have
been organized, and they shall be
transmitted by the Senate to the
House of Representatives,
Paragraph IV. How returns pub
lished. The members of each branch
of the General Assembly shall con
vene in the Representative Hall,
and the President of the Senate and
Spealker of the House of Represen
tatives shall open and publish the
returns in the presence and under
the direction of the General As
sembly; and the person having the
majority of the whole number of
votes, shall be declared duly elect
ed Governor of this State; but, if
no person shall have such majority,
then from the two persons having
the highest number of votes, who
shall be in life, and shall not de
cline an election at the time ap
pointed for the General Assembly
to elect, the General Assembly
shall immediately, elect a Governor
viva voce; and in all cases of elec
tion of a Governor by the General
Assembly, a majority of the mem
bers present shall be necessary to
a choice.
Paragraph V. Contested elec
tions. Contested elections shall be
determined by both houses of the
General Agsembly in such manner
as shall be prescribed by law,
Paragraph VI. Qualifications of
Governor. No person shall be eligi
ble to the office of Governor, who
shall not have been a citizen of the
United States fifteen years, and a
citizen of the State six years, and
who shall not have attained the age
of thirty years.
Paragraph VII. Lieutenant Gov
ernor. Succession to executive pow
er. There shall be a Lieutenant
Governor, who shall be elected at
the same time, for the same term,
and in the same manner as the
Governor. He shall be President of
the Senate, and shall receive the
sum of $2000.06 per annum. In
case of the death, resignation, or
disability of _the Governor, the
Lieutenant Governor shall exercise
the executive power and receive the
compensation of the Governor until
the next general election for mem
bers of the General Assembly, at
which a successor to the Governor
shall be elected for the unexpired
term; but if such death, resigna
tion, or disability sh:fi oceur with
in thirty days of the next general
election, or if the term will expire
within ninety days after the next
general election, the Lieutenant
‘Governor shall exercise the execu
tive power and receive the compen
gation of the Governor for the un
expired term. If the Lieutenant
Governor shall become a candidate
for the unexpired term of the Gov
ernor, he shall thereby resign his
office as Lieutenant Governor, ef
fective upon the qualification of the
Governor elected for the unexpired
term, and his successor for the
unexpired term shall be elected at
such election. In case of the death,
resignation, or disability of both
the Governor and the Lieutenant
Governor, the Speaker of the House
of Representatives shall exercise
the executive power until the re
moval of the disability or the elec
tion and qualification of a Gover
nor at a special. election, which
shall be held within sixty days
from the date on which the Speaker
of the House of Representatives
shall assume the executive power,.
A Lieutenant Governor shall be
elected at the general election in
1946 and shall qualify at the sante
time as the Governor. Until the
qualification of a Lieutenant Gov
ernor the provisions of Article V,
Section I, Paragraph VIII of the
Constitution of Georgia of 1877
shall remain of full force and
effect.
! Paragraph VIII. Unexpired
terms, filling of. The General As
‘ sembly shall have power to provide
by law, for filling unexpired terms
by special elections, except as pro
vided in this Constitution,
' Paragraph IX. Oath of office.
| The Governor shall, before he en
ters on the duties of his office, take
the following oath or affirmation:
l“I do solemnly swear (or affirm,
as the case may be) that T will
faithfully execute the office of Gov
‘ernor of the State of Georgia, and
will, to the best of my ability, pre
‘serve, protect, and defend the Con
stitution thereof, and the Consti
‘tutiop of the United States of
| America.” »
. Paragraph X. Commander -in -
[chief. The Governor shall be com
mander-in-chief of the army and
‘navy of this State, and of the mili- .
‘tia thereof.
Paragraph XI. Reprieves and'
ipardons; State Board of Pardons.
‘and Paroles. The Governor shall
have power to suspend the execu-!
tion of a sentence of death, afteri
conviction, for offenses against the.
State, until the State Board of Par
dons and Paroles, hereinafter pro
vided, shall have an opportunity
of hearing the application of the
convicte(s, person for any relief
within the power of such Board, or
for any other purpose which may
be deemed necessary by the Gover
nor. Upon conviction for treason
the Governor may only suspend the
execution of the sentence and re
port the case to the General As
sembly at the next meeting thereof,
when the General Assembly shall
either pardon, commute the sen
tence, direct its execution or grant
a further reprieve. The Governor
shall, at each session of the Gen
eral Assembly, !communicate to
that body each case of suspension
of sentence, stating the name of
the convict, the offense far which
he was convicted, the sentence and
its date, the date of the reprieve or
suspension, and the reason for
grantihg the same. He shall take
care that the laws are faithfully
executed, and shall be a conserv
ator of the peace throughout the
State. There shall be a State Board
of Pardons and Paroles composed
of three members, who shall be ap
pointed by the Governor and con
firmed by the Senate. Appoint
ments made at times when the Sen
ate is not in session shall be ef
fective ad imterim. The first mem
bers shall be appointed for terms
of three, five, and seven years, re
spectively, to be designated by the
Governor, and all subsequent ap
pointments shall be for a period of
seven years, except in case of an
unexpired term. The Governor shall
not be a member of the State Board
of Pardons and Paroles. The mem
bers of the State Board of Pardons
and Paroles shall each receive an
annual salary of $5,000.00, pay
able monthly. The State Board of
Pardons and Parolegs shall have
power to grant reprieves, pardons
and paroles, to commute penalties,
remove disabilities imposed by law,
and may remit any part of a sen
tence for any offense against the
State, after conviction except in
cases of treason or impeachment,
and except in cases in which the
Governor refuses to suspend a sen
tence of death. Provided that such
board shall act on all applications
within 90 days from the filing of
same, and in all cases a' majority
shall decide the action of the Board.
Except if any member for any
cause is unable to serve in any
case involving ecapital punishment,
the Governor shall act as the third
member of said Board and the ac
tion so taken in such instance shall
be by unanimous vote. The State
Board of Pardons and Paroles shall"
at each session of the General As
sembly communicate to that body
in full detail each case of pardon,
parole, commutation, removal of
disabilities or remission of sentenc
es granted, stating the name of the
convict, the offense for which he
was convicted, the sentence and its
date, the date of the pardon, parole,
commutation, removal of disabili
ties or remission of sentence and
the reasons for granting the same,
and the State Board of Pardons and
Paroles may make rules and reg
ulations as may be authorized by
law. The first Board of Pardons
and Paroles under this provision
may be those in office under an act
of the General Assembly creating
such a Board existing at the time
-of the adoption of this amendment,
which, if so existing shall be in
lieu of such a Board to be created
by the General Assembly subse
quent to the adoption of this
amendment, and which Béard shall
have all the rights, privileges, pow
ers, and duties the same as if it
was so subsequently created, and
the terms of members of such
Board shall date from the time
specified in the existing Act of the
General Assembly. The General
Assembly may enact laws in aid
Buy More War Bonds And Keep Them
of, but not inconsistent with, this
amendment.
Paragraph XII, Writs of elec
tion; called sessions of the General
Assembly, The Governor shall is
sue writs of election to fill all
vacancies that may happen in the
Senate and the House of Repre
sentatives, and shall give the Gen
eral Assembly, from time to-time,
information of the State of the
Commonwealth, and recommend to
their consideration such measures
as he may deem necessary or ex
pedient. The Governor shall have
power to convoke the General As
sembly on extraordinary occasions,
but no law shall be enacted at
called sessions of the General As
sembly, except such as shall relate
to the object stated in his procla
mation convening them; Providing
that such called sessions of the
General Assembly shall not exceed
70 days in length, unlesz at the
expiration of said period there shall
be pending an impeachment trial
of some officer of the State Gov
ernment in which the General As
sembly will be authorized to remain
in session until such trial shall have
been completed.
Provided, however, that when
three-fifths of the members elected
to the House of Representatives
and three-fifths of the members
elected to the Senate shall have
certified to the Governor of the
State of Georgia that in their opin
ion an emergency exists in the
affairs of the State of Georgia, it
shail thereupon be the duty of said
Governor and mandatory upon him,
within five days from the receipt
of such certificate or certificates, to
convene said General Assembly in
extraordinary session for ail pur
poses; and in the event said Gov
ernor shall, within said time, Sun
days excluded, fail or refuse to con
vene said General Assembly as
aforesaid, then and in that event
said General Assembly may con
vene itself in extraordinary session,
as if convened in regular session,
for all purposes, provided that such
extraordinary, self convened ses
sion shall be limited to a period of
30 days, unless at the expiration of
said period, there shall be pending
an impeachment trial of some of
ficer of the State Government, in
which event the General Assembly
shall be authorized to remain in
session until such trial shill have
been completed. ®
The members of the Gencral As
sembly shall receive the same per
diem and mileage during such ex
traordinary session as is now or
may be hereafter provided.
Paragraph XIII. Filling vacan
cies. When any office shall become
vacant, by death, resignation, or
otherwise, the Governor shall have |
power to fill such vacancy, unless
otherwise provided by law; and |
persons so appointed shall continue
in office until a successor is com- J
migsioned, agreeably to the mode
pointed out by this Constitution, or
by law in pursuance thereof.
Paragraph XIV. Appointments
rejected. A person once rejected by
the Senate, shall not be reappointed ‘
by the Governor to the saime office
during the same session, or the
recess thereafter, ©
Paragraph XV. Governor’s veto.
The Governor shall have the re
vision of all bills passed by the
General Assembly before the same
shall become laws, but two-thirds
of each house may pass a law not
withstanding his dissent; and if any
bill should not be returned by the
Governor within five days (Sunday
excepted) after it has been pre
sented to him, the same shall be a
law; unless the General Assembly,
by their adjournment, shall prevent
its return. He may approve any ap
propriation, and disapprove any
other appropriation, in the same
bill, and the latter shall not be
effectual, unless passed by two
thirds of each house.
Paragraph XVI. Governor to ap
prove resolutions, ete. Every vote,
resolution, or order, to which the
concurrence of both houses may be
necessary, except on a question of
election or adjournment, shall be
presented to the Governor, and be
fore it shall take effect be approved
by him, or, being disapproved, shall
be repassed by two-thirds of each
house, provided, however, that
nothing contained in this Article
shall be construed to confer on the
Governor the right to veto or enter
his disapproval of any proposal
made by the General Assembly to
amend this Constitution.
Paragraph XVII. Information
from officers and employees; sus
pension of officers. The Governor
may require information in writing
from Constitutional officers, de
partment heads, and all State em
ployees, on any subject relating to
the duties of their respective of
fices or employment. The General
Assembly shall have authority to
provide by law for the suspension
of any Constitutional officer or de
partment head 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.
Section 11.
Other Executive Officers.
Paragraph 1. Executive Officers,
How Elected. The Seccretary of
State, Attorney General, State
School Superintendent, Comptrol
ler General, Treasurer, Commis
sioner of Agriculture, and Commis
sioner of Labor shall be elected by
the persons qualified to vote for
members of the General Assembly
at the same time, and in the same
manner as the Governor. The pro
visions of the Constitution as to
the transmission of the returns of
the election, counting the votes, de
claring the results, deciding when
there 1s no election, and when there
is a contested election, applicable to
the election of Governor, shall ap
ply to the election of the above
named executive officers; they
shall be commissioned by the Gov
ernor and hold their offices for the
same time as the Governor.
Paragraph 11. Duties, Authority,
and Salaries of Other Executive Of
ficers. The General Assembly shall
have power to prescribe the duties,s
authority, and salaries of the exec-'
utive officers, and. to provide help
and expenses necessary for the op
aration of the department of each.
Paragraph 111. Profit From Use
of Public Money. No State official
ghall be allowed, directly or indi
rectly, to receive any fee, interest,
or reward from any person, bank,
or corporation, for the deposit, or
use, in any manner, of the public
funds, and the General Assembly
shall enforce this provision by suit
able penalties.
Paragraph IV. Qualifications. No
person shall be eligible to the of
fice of the Secretary of State, At
torney General, State School Su
perintendent, Comptroller General,
Treasurer, Commissioner of Agri
culture, and Commissioner of La
bor, unless he shall have been a
citizen of the United States for ten
years, and shall have resided in
this State for six years next pre
ceding his election, and shall be
twenty-five years: of age when
elected. All of said officers shall
give bond and security, under reg
ulation to be prescribed by law, for |
the faithful discharge of their du- |
SN, ‘
Paragraph V. Fees and Perqui
sites Denied. No State official |
named in Paragraph I of this Sec- ‘
tion shall be allowed any fee, per
quisite or compensation other than i
their salaries as prescribed by law, l
except their necessary expenses
when absent from the seat of gov
ernment on business for the State.
Section 111.
Paragraph 1. Great seal; what
constitutes; custody; when affixed
to instruments. The great seal of
the State shall be deposited in the
office of the Secretary of State and
shall not be affixed to any instru
ment of writing except by order of
the Governor or General Assembly,
and that now in use shall be the
great seal of the State until other
wise provided by law. .
Section IV,
Paragraph I. Game and Fish
Commission. There is hereby cre
ated a State Game and Fish Com
mission, Said Commission shall
consist of one member from each
Congressional District in thig State,
and one additional member from
one of the following named coun
ties, to-wit: Chatham, Bryan, Lib
erty, Meclntosh, Glynn, or Camden.
The first members of the Commis
sion shall corsist of those in office
at the time this Constitution is
adopted, with terms provided by
law. Thereafter, all succeeding ap
pointments shall be made by the
Governor and confirmed by the
Senate for a term of seven years
from the expiration of the previous
term. All members of the Com
mission shall hold office until their
successors are appointed and quali
fied. Vacancies in office shall be
filled by appointment of the Gov
ernor and submitted to the Senate
for confirmation at the next session
of the General Assembly after the
making of the appointment.
The Commission shall have such
powers, authority, duties, and shall
receive such compensation and ex
penses as may be delegated or pro
vided for by the General Assembly.
Section V.
State Board of Corrections.
Paragraph 1. State Board of Cor
rections; How Composed, Director.
There shall be a State Board of
Corrections composed of five mem
bers in charge of the State Penal
System. The Board shall have such
jurisdiction, powers, duties and
control of the State Penal System
and the inmates thereof as shall
be provided by law. The Board
shall elect a Director of Correc
tions who shall be the executive
officer of the Board. The Board of
Corrections shall be appointed by
the Governor with the consent of
the Senate. The first appointment
shall be for terms of one, two, three,
four and five years and their suc
cessors shall be eapnpointed for
terms of five years each. The ecom
pensation of the Director and mem
bers of the Board shall be fixed by
law.
Section VL
State Department of Veterans
Service.
Paragraph I. Veterans Service
Board; How Composed; Director.
There shall be a State Department
of Veterans Service and Veterans
Service Board composed of seven
members, who shall have such con
trol, duties, powers and jurisdic
tion "of the State Department of
Veterans Service as shall be pro
vided by law. Said Board shall
appoint a director who shall be the
executive officer of the Depart
ment.: Members of the Board shall
be appointed by the Governor with
the advice and consent of the Sen
ate and all members of the Board
and the Director shall be veterans
of some war in which the United
States has engaged.
The first appointments shall be
for terms of one, two, three, four,
five, six and seven years, There
after all térms and appointments,
except in case of vacancy, shall be
for seven years. Vacancies shall be
filled by appointment of the Gov
ernor.
ARTICLE VI oty
Judiciary. Y
Section I.
Paragraph 1. Courts Enumerat
ed. The judicial powers of this
State shall be vested in a Supreme
Court, a Court of Appeals, Superior
Courts, Courts of Ordinary, Jus
tices of the Peace, Notaries Public
who are ex-officio Justices of the
Peace, and such other Courts as
have been or may be established by
law.
Section II .
Paragraph 1. Supreme Court Jus
tices; Quorum. The Supreme Court
shall consist of seven associate
justices, who shall from time to
time as they may deem proper,
elect one of their member as Chief
Justice, and one as Presiding Jus
tice; the office of Chief Justice as
it has heretofore existed under this
Constitution being hereby convert
ed into the office of an associate
YHE BANNER-STRALD, ATRENS, SESRIR
justice, with the same right of in
cumbency and the same succession
as to terms, as applied to the for
mer office. The Chief Justice so
elected by the other Justices shall
be the chief presiding and adminis
trative officer of the court, and the
Presiding Justice, elected in like
manner, shall perform all the du
ties devolving upan the Chief Jus
tice, when he is absent or disquali
fied. A majority of the court shall
constitute a quorum.
, Paragraph 11. Court to Desig
nate Judges to Preside, When;
Means for Supreme Court to Pre
vent Delay in Congested Dockets.
When cne or more of the Justices
of the Supreme Court are digquali
fied from deciding any case by in
terest or otherwise, the qualified
Justices shall designate a judge or
judges of the Superior Court to
preside in said case, provided, that
if all the justices are disqualified,
they or a majority of them shall,
despite their disqualification, select
seven -judges of the superior court
to preside in the cause, but they
gshall make sach selections by lot
and in open court from not less
' than twelve names of such superior
court judges.
| Paragraph 111. Terms of Office.
The Justices aforesaid shall hold
their offices for six years, and un
til their successors are qualified.
They shall be elected by the people
st the same time and in the same
manner as menbers of the General
Assembly; provided, that the suc
cessors to the two incumbents
whose terms will expire on Decem
ber 31, 1946, shall be elected for
the succeeding terms at the time
of electing members of the General
Assembly during that year; suc
cessors to the two incumbents
whose terms will expire on Decem
ber 31, 1948, shall be elected in like
manner during that year; succes
sors to the two incumbents whose
terms will expire on December 31,
1950, shall be elected in like man
ner during that year and provided
further that an additional or sev
enth Justice shall be immediately
appointed by the Governor, his
tenure under such appointment to
expire on December 31, 1946, and
his successor for the ensuing reg
ular term of six years to be elected
at the time and in the manner
aforesaid at such general election
to be held during that year; and
all terms (except unexpired terms)
shall be for six years..ln case of
any vacancy which causes an unex
pired term, the same shall be filled
by executive appointment, and the
person appointed by the Governor
shall hold his office until the next
regular election, and until his suc
cessor for the balance of the unex
pired term shall have been elected
and qualified. The returns of such
elections shall be made to the Sec
retary of State, who shall certify
the result to the Governor, and
commission shall issue accordingly.
Paragraph IV, Jurisdietion of Su
preme Court. The Supreme Court
shall have no original jurisdiction
but shall be a court alone for the
trial and correction of errors of
law from the superior courts and
the city courts of Atlanta and Sa
vannah, as existed on August 16,
1916, and such other like courts as
have been or may hereafter be
established in other cities, in all
cases that involve the construction
of the Constitution of the State of
Georgia or of the United States, or
of , treaties between the United
States and foreign governments; in
all ‘cases in which the constitu
tionality of any law of the state of
Georgia or of the United States is
drawn in question; and, until other
wise provided by law, in all cases
respecting title to land; in all
equity cases; in all cases which in
volve the validity of, or the con
struction of wills; in all cases of
conviction of a capital felony; in
all habeas corpus cdses; in all cases
involving extraordinary remedies;
in all divorce and alimony cases,
and in all cases certified to it by
the Court of Appeals for its deter
mination, It shall also be com
petent for the Supreme Court to
require by certiorari or otherwise
any case to be certified to the Su
preme Court from the Court of
Appeals for review and determina
tion with the same power and au
thority as if the case had been
carried by writ of error to the
Supreme Court. Any case carried
to the Supreme Court or to the
Court of Appeals, which belongs to
the class of which the other court
has jurisdiction, shall, until other
wise provided by law, be trans
ferred to the other court under
such rules as the Supreme Court
may prescribe, and the cases so
transferred shall be heard and de
termined by the court which has
jurisdiction thereof. The General
Assembly may provide for carrying
cases or certain classes of eases to
the Supreme Court and the Court
of Appeals from the trial courts
otherwise than by writ of error,
and may prescribe conditions as to
the right of a party litigant to have
his case reviewed by the Supreme
Court or Court of Appeals. The
Supreme Court shall also have ju
risdiction of and shall decide cases
transferred to it by the Court of
Appeals because of an equal divi
sion between the judges of that
Court when sitting as a body for
the determination of cases.
Paragraph V. Cases, how dis
posed of. The Supreme Court and
the Court of Appeals shall dispose
of every case at the term for wiich
it is entered on the court’s docket
for hearing, as provided by Para
graph VIII of this Article and See
tion, or at the next term. If the
plaintiff in error shall not be pre
pared to prosecute the case at the
term for which it is so entered for
hearing, unless prevented by provi
dential cause, it shall be stricken
from the docket and the judgment
below shall stand affirmed. No writ
of error shall be dismissed because
of delay in transmission of the bill
of exceptions and the copy of the
record, or either of them, resulting
from the default of the clerk or
other cause, unless it shall appear
that the plaintiff in error or }xis
[ counsel caused such delay. Nothing
herein shall be construed to excuse
the clerk for any omission of duty
or to relieve him of any liability
resulting therefrom. +
Paragraph VI @ Judgments may
be withheld. In any case the Court
' may in its discretion withhold its
judgment until the next term after
} the same is argued.
| Paragraph VII. The Supreme
Court; how cases #o be heard and
determined. The Supreme Court
shall have power to hear and deter
mine cases when sitting in a body,
under such regulations as may be
prescribed by it.
Paragraph VIII. Court of Ap
peals. The Court of Appeals shall
congist of the Judges provided
therefor by law at the time of the
ratification of this amendment, and
of such additional Judges as the
General Assembly shall from time
to time preseribe. All terms of the
Judges of the Court of Appeals
after the expiration of the terms of
' the Judges provided for by law at
the time of the ratification of this
amendment, except unexpired
terms, shall continue six years, and
until their successors are qualified.
The times and manner of electing
Judges and the mode of filling a
vacancy which causes an unexpired
[term, shall be the same as are or
may be provided fer by the laws
'relating to the election and ap-
p ointment of Justices of the Su
preme Court. The Court of Ap
' peals shall have jurisdiction for the
itrial and correction of errors of
law from the superior courts and
from the City Courts of Atlanta
~and Savannah, as they existed on
- August 19, 1916, and such other like
' courts as have been or may here
after be established in other cities,
' in all cases in which such jurisdic
tion has not been conferred by this
- Constitution upon the Supreme
' Court, and in such other cases as
may hereafter be prescribed by
ilaw; except that where a case is
| pending in the Court of Appeals
| and the Court of Appeals desires
instruction from the Supreme
- Court, it may certify the same to
the Supreme Court, and thereupon
a transcript of the record shall be
transmitted to the Supreme Court,
which, after having afforded to the
parties an opportunity to be heard
thereon, shall instruect the Court of
lAppeals on the question so certi
fied, and the Court of Appeals shall
I be bound by the instruction so giv
en. But if by reason of equal divi
sion of opinion among the Justices
[ of the Supreme Court no such in
struction is given, the Court of
I Appeals may decide the question.
| The manner of certifying questions
' to the Supreme Court by the Court
of Appeals, and the subsequent pro
ceedings in regard to the same in
l the Supreme Court, shall be as the
Supreme Court shall by its rules
i prescribed, until otherwise pro
vided by law. No affirmance of the
judgment of the court below in
cases pending in the Court of Ap
peals shall result from delay in
disposing of questions or cases cer
tified from the Court of Appeals to
the Supreme Court, or as to which
such certificate has been required
by the Supreme Court as herein
before provided. All writs of error
in the Supreme Court or the Court
of Appeals, when received by its
clerk during a term of the Court
and before the docket of the term
is by order of the Court closed,
shall be entered thereon, and when
received at any other time, shall be
entered on the docket of the next
term; and they shall stand for
hearing at the term for which they
are so entered, under such rules as
the Court may prescribe, until oth
erwise provided by law. The Court
of Appeals shall appoint a clerk
and a sheriff of the court. The
reporter of the Supreme Court
shall be reporter of the Court of
Appeals until otherwise provided
by law. The laws relating to the
Supreme Court as to qualifications
and salaries of Judges, the desig
nation of other Judges to preside
when members of the Court are
disqualified, the powers, duties, sal
aries, fees and terms of officers,
the mode of carrying cases to the
Court, the powers, practice, pro
cedure, times of sitting, and costs
of the Court, the publication of re
ports of cases decided therein, and
in all other respects, except as oth
erwise provided in this Constitution
or by the laws as to the Court of
Appeals at the time of the ratifica
tion of this amendment, and until
otherwise provided by law, shall
apply to the Court of Appeals so
far as they can be made to apply.
The decisions of the Supreme Court
shall bind the Court of Appezls as |
precedents. The Court of Appeals
shall have power to hear and deter
mine cases when sitting in a body, 1
except as may be otherwise pro
vided by the General Assembly.
In the event of an equal division
of judges on any case when the
Court is sitting as a body, the case
shall be immediately transferred
to the Supreme Court.
Section 111.
Superior Courts.
Paragraph I. Terms, etc., of Su
perior Court Judges. There shall be
a judge of the Superior Courts for
each judicial circuit, whose term
of office shall be for four years,
and until his successor is qualified.
He may act in other circuits when
authorized by law. The legislature
shall have authority to add one or
more additional judges of the su
perior court for any judicial circuit l
in this State, and shall have author
ity to regulate the manner in which
the judges of such ecircuits shall
dispose of the business thereof, and
shall fix the time at which the
term or terms of office of such ad
ditional judge or judges shall be
gin, and the manner of his appoint
ment or election, and shall have
authority from time to time to add
to the number of such judges in
any judicial circuit; or to reduce the
number of judges in any judicial
circuit; providéd that at all times
there shall be at least one judge in i
every judicial circuit of this State,
Paragraph 11, Elections, when to
be held. The successors to the pres
ent and subsequent incumbents'
shall be elected by the electors of
the whole State entitled to vote for
members of the General Assembly,
at the general election held for
such members, next preceding the
expiration of their respective terms.
Paragraph IIF~ Terms, begin,
when. The terms of the judges to
be elected under the Constitution,
except to fill vacancies, shalF begin
on the first day of January after
their elections. Every vacaney oc
casioned by death, resignation, or
other causes shall be filled by ap
pointments of the Governor until
the first day of Jahuary after the
general election held next after the
expiration of thirty days from the
time such vacancy occurs, at which
election a successor for the unex
pired term shall be elected.
Section IV,
Paragraph I. Exclusive jurisdic
tion. The Superior Courts shall
have exclusive jurisdiction in cases
of divorce; in criminal cases where
the offender is subjected to lo¥s of
life, or confinement in the peni
tentiary, in cases respecting titles
to land, and equity cases.
Paragraph 11. Equity may be
merged in common law courts. The
General Assembly may confer upon
the Courts of common law all the
powers heretofore exercised by
Courts of equity in this State.
Paragraph 111. General jurisdic
tion. Said Courts shall have juris
diction in all civil cases, except as
hereinafter provided.
Paragraph IV. Appellate juris
diction. They shall have appellate
jurisdiction in all such cases as may
be provided by law.
Paragraph V. Certiorari, manda
mus, etc. They should have power
to correct errors in inferior judica
tories by writ of certiorari, which
shall only issue on the sanction of
the Judge, and said Courts, and the
judges thereof shall have power to
issue writs of mandamus, prohibi
tion, scire facias, and all other
writs that may be necessary for
carrying their powers fully into
effect, and shall have such other
powers as are, or may be conferred
on them by law.
Paragraph VI. New trials. The
Superior, and City Courts may
grant new trials on legal grounds.
Paragraph VII. Judgment of the
court. The Court shall render judg
ment without the verdict of a jury
in all civil cases, except actions ex
delicto, where no issuable defense
is filed except as otherwise provid
ed in this Constitution, and subject
to the right of trial by a jury on
written demand of either party.
Paragraph VIII. Sessions. The
Superior courts shall sit in each
county not less than twice in each
year, at such times as have been,
or may be appointed by law. The
judges of said courts may, on rea
sonable notice to the parties, at any
time, in vacation, at chambers, hear
and determine, by interlocutory or
final judgment, any matter or issue,
where a jury verdict is not re
quired, or may be waived.
Paragraph IX. Presiding judge
disqualified. The General Assem
bly may provide* by law for the
appointment of some proper person
to preside in cases where the pre
siding judge is from any cause
disqualified. ot
Section V.
Paragraph 1. Judges of superior
and city courts may alternate,
when. In any county within which
there is, or hereafter may be a city
‘ Court the Judge of said Court, and
of the Superior Court may preside
’ in the Courts of each other in cases
where the judge of either Court is’
disqualified to preside.
| Section VI,
‘ Paragraph I. Appeals from Ordi
nary. The powers of a Court of
Ordinary and of Probate shall be
vested in an Ordinary for each
county, from whose decision there
may be an appeal, or by consent of
parties, without a decision to the
Superior Court under regulations
prescribed by law.
Paragraph 11. Powers. The Courts
of Ordinary shall have such powers
in relation to roads, bridges, fer
ries, public buildings, paupers,
county officers, county funds, coun
ty taxes and other county matters
as may be conferred on them by
law.
The Court of Ordinary shall have
jurisdiction to issue warrants, try
cases, and impose sentences there
on in all misdemeanor cases aris
ing under the Act known as the
Georgia State Highway Patrol Act
of 1937, and other traffic laws, and
in all cases arising under the Com
pulsory School Attendance law in
all counties of this State in which
there is no city or county court,
provided the defendant waives a
jury trial. Like jurisdiction is also
conferred upon the judges of the
police courts of incorporated cities
and municipal court judges for of
fense arising under the act known
as the Georgia State Highway Pa
trol Act of 1937, and other traffic
laws of the State within their re
spective jurisdiction. |
Paragraph 111. Term of office.
The Ordinary shall hold his office
for the term of four years and until
his successor is elected and quali- ‘
fied.
Section VII.
Justices of the Peace.
Paragraph I. Number and Term
of Office. There shall be in each
militia district one justice of the
peace, whose official term, except
when elected to fill an unexpired
term, shall be for four years: Pro
vided, however, that the General
Assembly may, in its discretion,
abolish justice courts and the of
fice of justice of the peace and of
notary public ex-officio justice of
the peace in any city of this State
having a population of over twenty
thousand, and establish in lieu
thereof such court or courts or sys
tem of courts as the General As
sembly may, in its discretion, deem
necessary, conferring upon such
new court or courts or system of
courts, when so established, the |
Jjurisdiction as to subject matter'
FRIDAY, JULY 13, 1945,
l pow exercised by justice courts and]
by Jjustices of the peace ang m,_‘
I taries public ex-officio justices of
the peace, together with such aqgq;.
tional _ jurisdiction, either a 5 to!
amount or subject-matter, as 1y
be provided by law, whereof somg?
other court has not exclusive j,
risdiction under this Constitution.
together with such provision as ¢
rules and procedure in such couyt, |
and -as to new trials and the cq,.
rection of errors in and by gy
courts, and with such further py,.
vision for the correction of eryoy
by the Superior Court, or Court o
Appeals, or the Supreme Court, g 4
the General Assembly may, frqp
time to time, in its discretion, py,.
vide or authorize. Any court so e..
| tablished shall not be subject t,
Ithe rules of uniformity laid doyy
in Paragraph I of Section IX
lArtic]e VI of the Constitution o
Georgia: Provided, however, thy
the General Assembly may, in it
discrefion, abolish justice courtg
and the office of.justice of tj,
| peace and notary public ex-offici;
justice of the peace in any county
in this State having within i
borders a city having a populatioy
of over twenty thousand, and g
well in the County of Glynn, ayg
l establish in lieu thereof such court
or courts or system of courts as the
General Assembly may, in its dig.
cretion, deem necessary; or cop.
ferring upon existing courts, hy
extension of their jurisdiction as t,
subject matter now exercised by
justice courts and by justices of
the peace and notaries public ex.
officio justices of the peace; to.
gether with such additional juris.
diction, either as to amount or ty
subject-matter, as may be provid.
ed by law, whereof some other
court has not exclusive jurisdiction
under this Constitution; together
also with such provisions as ty
rules and procedure in such courts
and as to new trials and the correc.
tion of errors in and by said courts,
and with such further provision for
the correction of errors by the su.
perior court or the Court of Ap.
peals or the Supreme Court as the
General Assembly may, from time
to time, in its diseretion, provide or
authorize. The ¢ivil court of Fulton
County shall have jurisdiction in
l Fulton County and outside the city ‘
limits of Atlanta either concur
rently with, or supplemental to, or
in lieu of justice courts, as may he
now or hereafter provided by law,
Any court so established shall not
be subject to the rules of uniform
ity laid down in Paragraph 1 of
Section IX of Article VI of the
Constitution of Georgia.
Paragraph 11. Jurisdiction. Jus
tices of the peace shall have juris
diction in all civil cases arising ex
contractu and in cases of injury or
| damage toi\and conversion of per
| sonal property, when the principal
sum does not exceed two hundred
dollars, and shall sit monthly at
fixed times and places but in all
cases there may be an appeal to a
jury in said court, or an appeal to
the Superior Court under such reg
ulation as may be prescribed by
law.
Paragraph 111. Elections and
commissions. Justices of the peace
shall be elected by the legal voters
in their respective districts, and|
shall be commissioned by the Gov
ernor. They shall be removable on'
conviction for malpractice in office,
Section VIII.
Notaries Public.
Paragraph I. Appointment; num
ber; term; removal. Commissioned
notaries public, not to exceed one
for each militia district, may be ap
pointed by the judges of the supe
rior courts in their respective cir
cuits, upon recommendaticn of the
grand juries of the several coun
ties. They shall be commissioned
by the Governor for the term of
four years and shall be ex-officio
justices of the peace, and shall be
removable on conviction for mal
‘ practice in office.
Section IX.
1 Uniformity of Courts.
~ Paragraph I. Uniformity provid
ed for. Except as otherwise pro
vidéd in this Constitution, the ju
risdiction, powers, proceedings and
practice of all courts or officers
invested with judicial powers (ex
cept City Courts) of the same
grade or class, so far as regu
lated by law, and the force and
effect of the process, judgment and
decree, by such courts, severally,
shall be uniform. This uniformity
must be established by the General
Assembly, and in case of City
Courts, may be established by the
General Assembly.
Section X.
»- Attorney General.
Paragraph 1. Election; term of
office. There shall be an Attorney
General of this State, who shall be
elected by the people at the same
time, for the same term and in the
same manner as the Governor.
Paragraph 11. Duties, It shall be
the duty of the Attorney General
to act as the legal adviser of the
Executive Department, to represe{lt
the State in the Supreme Court in
all Capital felonies; and in all Civil
and Criminal Cases in any Court
when required by the Governor and
to perform such other services &3
shall be required of him by law.
Section XI.
* Solicitors General. -
Paragraph I. Number; term of
office; vacancies. There shall be 3
solicitor general for each judicial
circuit, whose official term (except
to fill a vacancy) shall be sous
years. The successors of present
and subsequent incumbents shall be
elected by the electors of the whole
State, qualified to vote for men
bers of the General Assembly, &
the general election held next prés
ceding the expiration of their r¢
spective terms._ very, vacancy oc
casioned by death ‘fg%ignatwm :
other cause shall be filled by aP
pointment of the Governor, until
the first day of January after the
genera! election held next after the
expiration of 30 days from the
time such yacancy occurs, at which .
election & successor for the uné¥
pired term sghall he elected.