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Thursday, June 14. 1945
. U mav decide the ques-
The manner of certifying
I'm!“lions to the Supreme Court
\ the Court of Appeals, and
.. . subsequent proceedings in
. rd to the same in the Su
-11 true Court, shall be as the Su-
SZe Court shall by its rules
I -escribed, until otherwise pro
v Hed bv law. No affirmance of
}'l,t lodgment of the court be
u- in cases pending in the
J’,, U it of Appeals shall result
l, om delay in disposing of ques
or cases certified from the
Court of Appeals to the Su
preme Court, or -as to which
Mich certificate has been re
quired by the Supreme Court as
) l( peinbefore provided. All writs
of error in the Supreme Court
~ the Court of Appeals, when
uceived by its clerk during a
ioin of the Court and before
the docket of the term is by or
der 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
tor hearing at the term for
which they are so entered, un
der such rules as the Court may
prescribe, until otherwise pro
vided by law. The Court of Ap
peals shall appoint a clerk and
a sheriff of the court. The re
porter of the Supreme Court
shall be reporter of the Court
of Appeals until otherwise pro
vided by law. The laws relat
ing to the Supreme Court as to
qualifications and salaries of
Judges, the designation of other
Judges to preside when mem
bers of the Court are dis
qualified, the powers, duties,
salaries, fees and terms of of
r ficers, the mode of carrying
cases to the Court, the powers,
practice, procedure, times of
sitting, and costs of the Court,
the publication of reports of
cases decided therein, and in all
other respects, except as other
wise provided in thL Constitu
tion or by the laws as to the
Court of Appeals at the time
of (he ratification of this amend
ment. and until otherwise pro
vided 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
Appeals as precedents. The
Court of Appeals shall have
power to hear and determine
cases when sitting in a body,
except as may be otherwise pro
vided by the General Assembly
in the event of an equal di
vil mn of judges on any case
when the Court is sitting as a
body, the case shall be imme
diately transferred to (he Su
preme Court
Tcction 111.
Superior Courts.
Paragraph I. Terms, etc., of
Superior 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 suc
* cessor is qualified. He may act
in other circuits when author
ised by law. The legislature
r y shall have authority to add one
or more additional judges of the
superior court for any judicial
circuit in this State, and shall
have authority to regulate the
manner in which the judges of
such circuits shall dispose of the
business thereof, and shall fix
the lime at which the term or
terms of office of such addi
tional judge or judges shall be
gin, and the manner of his
appointment or election, and
shall have authority from time
to time to add the number of
such judges in any judicial cir
cuit; or to reduce the number
of judges in any judicial cir
cuit; provided that at all times
there shall be at least one judge
in every judicial circuit of this
State.
Paragraph 11. Elections, when
lo be held. successors to
the present and subsequent in
cumbents shall be elected by the
electors of the whole State en
titled 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 111. Terms begin.
when. The terms of the judges
lo be elected under the Con
stitution, except to fill vacan
cies, shall begin on the first
day of January after their elec
tions. Every vacancy occasion- !
ed by death, resignation, or oth-1
er causes shall be filled by ap
pointments of the Governor
until the first day of January
after the general election held
next after the expiration of 30
days , from the time such va
cancy occurs, at which election
i a successor for the unexpired
term shall be elected.
Section IV.
Paragraph. I. Exclusive juris
diction. The Superior Courts
shall have exclusive jurisdic
tion in cases of divorce; in cri
minal cases where the offender
is subjected to loss of life, or
confinement in the penitentiary, !
in cases respecting titles toi
land, and equity cases.
Paragraph 11. Equity may be
merged in common law courts.'
The General Assembly may con
fer upon the Courts of common
law all the powers heretofore
exercised by Courts of equity
in this State.
Paragraph 111. General juris
diction. Said Courts shall have
jurisdiction in all civil cases, ex-
cept as hereinafter provided.
Paragraph IV. Appellate jur
isdiction. They shall have ap
pellate jurisdiction in all such
cases as may be provided by
law.
Paragraph V. Certiorari,
mandamus, etc. They should have
power to correct errors in
inferior judicatories by writ of
certiorari, which shall onlv issue
on the sanction of the Judge,
end said Courts, and the judges
thereof shall have power to is
sue writs of mandamus, pro
hibition, scire facias, and all
other writs that may be neces
sary for carrying their powers
fully into effect, and shall have
such other powders as are, or
may be conferred oil them by
law.
Paragraph VI. New trials. The
Superior, and City Courts may i
grant new trials on legal
grounds.
Paragraph VII. Judgment of
| the court. The Court shall ren- j
der judgment without the ver-1
diet of a jury in all civil cases, I
except actions, ex delicto, where
no issuable defense is filed ex
cept as otherwise provided in
this Constitution, and subject to
the right of trial by a jury on
written demand of either parly.
Paragraph VIII. Sessions. The
Superior courts shall sit in each
I 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 reasonable notice to
the parties, at any time, in vaca
tion, at chambers, hear and;
determine b/ interlocutory or
final judgment any matter or
issue where a jury verdict is
not required, or may be waived.
Paragraph IX. Presiding
judge disqualified. The Gen
eral Assembly may provide by
law for the appointment of
some proper person to preside
in cases where the presiding
judge is from any cause dis
qualified.
Section V.
Paragraph I. Judges of su
perior and city courts may al
ternate. when. In any county
within which there is, or here
after 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 Couil
is disqualified to preside-
Section VI.
Paragraph I. Appeals from
Ordinary. The powers of a
Court of Ordinary and of Pro
bale shall be vested in an Or
dinary for each county, from
whose decision there may be an
appeal, or by consent of parties,
without a decision to the Super
ior Court under regulations nre
scribed by law.
Paragraph 11. Powers. The
Courts of Ordinary shall have
such powers in relation to roads,
bridges, ferries, public build
-1 ings, paupers, county officers,
: county funds, county taxes and
. other county matters as may be
conferred on them by law.
The Court of Ordinary shall
■ have jurisdiction to issue war-
CONSTITUTIONAL AMENDMENTS
I
iants, try cases, and impose sen
tences thereon in all misde
meanor cases arising under the
Act known as the Georgia Slate
Highwa> Patrol Act of 1937,
and other traffic laws, and in
all cases arising under the Com
pulsory School Attendance law
>n all counties of this State in
which there is no city or county i
court, provided the defendant 1
waives a jury trial. Like iuris- j
diction is also conferred upon
the judges of the police courts of
incorporated cities and munici
pal court iudges for offense
arising under the act known as'
the Georgia State Highway Pa
trol Act of 1937. and other traf-1
fic _ laws of the State within [
their respective jurisdiction.
Paragraph 111, Term of office. 1
The Ordinary shall hold his of
fice for the term of four years
and until his successor is elect
ed and qualified.
Section VII.
Justices of the Peace.
Paragraph I. Number and
Term of Office. There shall be
in each militia district one jus
tice of the peace, whose official
term, except when elected to fill
an unexpired term, shall be for
i four years: Provided, however,
that the General Assembly may,
in its discretion, abolish justice
courts and the office of justice [
| of the peace and of notary pub-1
j lie ex-officio justice of the peace
| in any city of this State having
a population of oyer twenty
| thousand, and establish in lieu
thereof such court or courts or
! system of courts as the Genera)
j Assembly may. in its discretion,
deem necessary, conferring up
| on such new court or courts or
system of courts, when so estab
lished, the jurisdiction as to
subject matter now' exercised
by justice courts and by justices
of the peace and notaries public
ex-officio justices of the peace
together with such additional
jurisdiction, either as to amount
or subject-matter, as may be
provided by law', whereof some
other court has not exclusive
jurisdiction under this Constitu
tion; together with such provis
ion as to rules and procedure in
such courts, and as to new trials
and the correction of errors in
and by said courts, and wnth
such further provision for thel
correction of errors by the Su
perior Court, or Court of Ap- 1
i peals, or the Supreme Court, as
j the General Assembly may,
j from time to time, in its dis
cretion, provide or authorize.
Any court so established shall <
! not be subject to the rules of
uniformity laid down in Para
i graph I of Section IX of Article
| VI of the Constitution of Geor
j gia: Provided, however, that ;
j the General Assembly may, in I
[ its discretion, abolish justice ■
| courts and the office of justice ]
jof the peace and notary public i
j ex-officio justice of the peace in
any countv in this State having i
j within its borders a city having i
j a population of over twenty 1
) thousand, and as well in the i
County of Glynn, and establish <
in lieu thereof such court or i
courts or system of courts as the i
General Assembly may. in its f
discretion, deem necessary: or
conferring upon existing courts, 1
by extension of their jurisdic- (
tion as to subject matter now (
exercised by justice courts and 1
by justices of the peace and no- (
| taries public ex-officio justices c
of the peace; together with such t
additional jurisdiction, either as i
to amount or to subject matter. .<
as may be provided by lawn 1
whereof some other court has
not exclusive jurisdiction under I
this Constitution; together also
with such provisions as to rules
and procedure in such courts J
and as to new trials and the cor- (
rections of errors in and by said I
courts, and with such further <
provision for the correction of f
errors by the superior court or 1
the Court of Appeals or the Su- J
preme Court as the General As- >
sembly may. from time to time, ‘
in its discretion, provide or au
thorize. The civil court of Ful- :
ton County shall have jurisdic- !
tion in Fulton County and out- j
side the city limits of Atlanta j
either concurrently with, or I
supplemental to. or in lieu of j
justice courts, as may be now (
or hereafter provided by law. (
Any court so established shall .
not be subject to the rules of J
uniformity laid down in Par- (
agraph I of Section IX of Arti- ,
cle VI of the Constitution of ‘
Georgia. ... <
Paragraph 11. Jurisdiction. .
Justices of the peace shall have j
jurisdiction in all civil cases (
arising ex contractu and in cases <
of injury or damages to and ,
conversion of personal property,
when the principal sum does not \
exceed two hundred dollars, i
and shall sit monthly at fixed ,
times and places but in all cases 1
there may be an appeal to a I
jury in sard court, or an appeal ]
to the Superior Court under <
such regulation as may be ore- 1
scribed by law. 1
Paragraph 111 Election* and i
commissions. Justices of the
peace shall be elected by the
legal voters in their respective
disli ids, and shall be commis
sioned by the Governor. They
shall be removable on convic
tion for malpractice in office.
Section VIII.
Notaries Public.
Paragraph I, Appointment;
number; term; removal. Com
| missioned notaries public, not
to exceed one for each militia
district, may be appointed by
tlie iudges of the superior courts
lin their respective circuits,
upon recommendation of the
| grand juries of the several coun
| tics, 1 hoy shall be commissinn
jed by the Governor for (he
j term of four years and shall be
ex-officio justices of the peace,
and shall be removable on con
viction for malpractice in office.
Section IX.
Uniformity of Courts.
Paragraph 1. Uniformity pro
vided for. Except as otherwise
provided in this Constitution,
the jurisdiction, powers, pro
ceedings and practice of all
courts or officers invested with
judicial powers (except City
Courts) of the same grade or
class, so far as regulated by law
and the force and effect of (tic
process, judgment and decree,
by such courts, severally, shall
be uniform. This uniformity
must be established by the
General Assembly, and in case
of Citv Courts, may he estab
lished by the General Assembly.
Section X.
Attorney General.
Paragraph I. Election; term
of office. There shall be an At-i
torney General of this State,
w’ho shall be elected by (he peo
ple at the same time, for the
same term and in the same
manner as the Governor.
Paragraph 11. Dufies. It shall
be the duty of the Attorney
General to act as the legal ad
viser of the Executive Depart
ment. (o represent the Slate in
(he Supreme Court in all Cap
ital felonies- and in all Civil and
Criminal Cases in any Court
when required bv the Governor
and to perform such other serv
ices as shali be required of him
by law.
Section XI.
Solicitors General.
Paragraph I. Number: term
of office; vacancies. There shall
be a solkiloi general for each
judicial circuit, whose official
term (except to fill a vacancy)
shall be four years. The suc
cessors of present and subse
quent incumbents shall be
elected by the electors of the
whole State, qualified to vote
for members of (he General As
sembly, at the general election
held next preceding the expira
tion of their respective terms.
Every vacancy occasioned by
death, resignation, or other
cause shall he filled by ap
pointment of the Governor, un
til the first dav of January af
ter the general election held
next after the expiration of 30
days from the time such vacan
cy occurs, at which election a
successor for the unexpired
term shall be elected.
Paragraph 11. Dufies. It shall
be (he duty of the Solicitor Gen
eral to represent the Slate in all
cases in (he Superior Courts of
his Circuit and in all cases
taken uo from the superior
courts of his Circuit to the Su
preme Court, and Court of Ap
peals and to perform such other
services as shall be required of
him bv law.
Section XII.
Salaries of Justices, Judqes and
Solicitors General.
Paragraph I. Salaries of Jus
tices, Judqes and Solictors Gen
eral. The Justices of the Su
preme Court each shall have
out of the treasury of the State
salaries of $B,OOO per annum;
the Judges of the Court of Ap
peals each shall have out of
the treasury of the State sal
aries of $B,OOO per annum,
the Judges of the Superior
Courts each shall have out of
the treasury of the State salar
ies of $6,000 per annum and the .
Solicitors General shall each
have out of the treasury of the (
State a salary of $250,00 per an
num with the right of the Gen
eral Assembly to authorize any
county to supplement the sal
ary of a judge of the Superior
Court and Solicitor General of
the Judical Circuit in which
such county lies, nut of county
funds, provided, however, where
such salary is, at the time of the
adoption of this Constitution,
being supplemented out of coun
ty funds under existing laws,
such laws shall remain in force
until altered bv (he Genera)
Assembly. Provided further,
that the Board of County Com
missioners of Richmond County
or the Ordinary, or such othei
board or person as may from
time to time have charge of the
fiscal affairs of said county,
shall without further legisla
tive action continue to supple
ment from said County’s treas
ury. the salary of the Judge of
PAGE FIVE
- Superior Court of (he circuit of
' which the said County of Rich
-5P on <l i? H by the sum of
■ two thousand ($2,000) Dollars
• Per annum, which shall be in
addition to the amount received
by said judge out of the State
treasury; and such payments
are declared to be a part of the
, coin l expenses of said County
? nd such payment shall be made
to the nidge now in office dur
ing bis present or subsequent
terms, as well a)? to his succes
. soi-s, with the authority in the
tumoral Assembly to increase
; such salary from the County
treasury as above provided.
I 1 aragraph 11. Powers to a
bolish or reinstate fees of Soli
citor General. The General As
sembly shall have power, at
any time, by a majority vote of
each branch, to abolish the fees
at present accruing to the of
lice ill solicitor general in any
particular judical circuit, and in
lieu (hereof to prescribe a salary
for such office, without regard
to the uniformity of such salar
ics in the various circuits; and
shall have the further power to
determine what disposition shall
be made of Ibe line's, forfeit
ures and fees accruing to the
office of solicitor general in any
such ludicial circuit where the
fees are abolished; and likewise
shall have the further power, if
il so desires, Jo abolish such
salary and reestablish such fees;
but in either event, when so
changed, the change shall not
become effective until the end
I of the term to which the solid-
J tor general was elected.
Section XIII.
Qualifications of Justices,
Judges, Etc.
Paragraph I. Aqe; citizenship;
practice of law. No person shall
be Justice of the Supreme
Court. Court of Appeals, Judge
of Superior Courts, or Attorney
General, unless, at the time of
bis election, he shall have at
tained the age of thirty years,
and shall have been a citizen
of the Stale three years, and
have practiced law for seven
years: and no person shall be
hereafter elected Solicitor Gen
eral unless at the time of his
election he shall have attained
twenty-five years of age, shall
have been a citizen of the State
for three years, and shall have
practiced law for three years
next preceding his election.
Section XIV.
Venue.
Paragraph 1. Divorce cases.
Divorce cases shall be brought
in (he county where the de
fendant resides, if a resident of
this state; if the defendant be
not a resident of this slate, then
in the county in which the plain
tiff resides, provided, that any
person who has been a resident
of any United Slates Army Post
or military reservation within
the state of Georgia for one
year next preceding the filing
of the petition may bring an
action for divorce in any county
adjacent to said United States
Army Post or military reserva
tion.
Paragraph 11. Land titles.
Cases respecting titles to land
shall be tried in the county
where the land lies, except
where a single tract is divided
by a county line, in which case
(he Superior Court of either
county shall have jurisdiction.
Paragraph 111. Equity cases.
Equity cases shall be tried in
the county where a defendant
resides against whom substan
tial relief is prayed.
Paragraph IV. Suits aqainst
joint obliqors, co-partners, etc.
Suits against joint obligors, joint
promissors. co-partners, or joint
trespassers, residing in different
counties, may he tried in either
county.
Paragraph V. Suits aqainst
maker, endorser, etc. Suits a
ginsl the maker and endorser of
promissory notes, or drawer,
acceptor and endorser of foreign
or inland bills of exchange, or
like instruments, residing in dif
ferent counties, shall be brought
in the county where the maker
or acceptor resides.
Paragraph VI. All other cases.
All other civil cases shall be
tried in the county where the
defendant resides, and all cri
minal cases shall be tried in the
county where the crime was
committed, except cases in the
Superior Courts where the
Judge is satisfied that an im
partial jury cannot be obtained
in such county.
Section XV.
Chanqe of Venue.
Paragraph I. Power to chanqe
venue. The power to change the
venue in civil and criminal
cases shall be vested in the Su
perior Courts to be exercised
in such manner as has been, or
shall be. provided by law.
Section XVI.
Jury Trial.
Paragraph 1. Riqhl of trial by
jury. The right of trial by jury,
except where it is otherwise
provided in this Constitution,
shall remain inviolate, but the
General Assembly may pre
scribe any number, not less than
five, to constitute a trial, or
