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lion ihe Supreme Court
P ueS !h« n Court of Appeals, and
. fe s,bsequ» nt proceedings m
v‘ e j tn the same in the Su
re* Court, shall be as the Su-
P rf ® Court shall by its rules
bribed until otherwise pro-
P '5 S ?bv law. No affirmance of
de t,dement of the court be
the ra-es pending in the
of Appeals shall result
f°m defav in disposing of ques-
S or cases certified from the
Srt of Appeals to the Su
me Court, or as to which
Lh certificate has been re
tired by the Supreme Court as
hereinbefore provided. All writs
c f error in the Supreme Court
the Court of Appeals, when
received by its clerk during a
erm of the Court and before
lhe docket of the term is by or
der of the Court closed, shall
Vf 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, un
der such rules as the Court may
prescribe, until otherwise pro
vided by law. The Court of Ap
peals sliall appoint a clerk and
f . sheriff of the court. The re
porter of the Supreme Court
shall be reporter of the Court
c f 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
ficers, the mode of carrying
cases to the Court, the powers,
practice, procedure, times of
sitting, and costs of the Court,
(he publication of reports of
cases decided therein, and in all
dher respects, except as other
wise pn". .lied in 'his Constitu
tion or by the laws as to the
Court of Appeals at the time
c.f the* raiilicalion 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
vision of judges on any case
when the Court is silting as a
body, the case shall be imme
diately transferred to the Su
preme Court
Section 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 ;s qualified. Pie may act
in other circuits when author
ised by law. The legislature
shall have authority 1o add one
or more additional judges of the
superior court for any judicial
circuit in this State, and shall
Pave authority to regulate the
manner in which the judges of
such circuits shall dispose of the
business thereof, and shall fix
'be time 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
thall have authority from time
k time to add the number of
tuch judges in any judicial cir
tui,: or to reduce the number
(l judges in any judicial cir
cuit; provided (hat at all times
! ere s ball be at least one judge
in every judicial circuit of this
State.
Paragraph 11. Elections, when
lc be held. The successors to
,f Present and subsequent in
cumbents shall be elected by the
*<(((. is of the whole State en
’! 10 vote for members
,he General Assembly, at the
general election held for such
Members, next preceding the
•*rnation of their respective
Pmagiaph 111. Terms begin,
when. The terms of the judges
to 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
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 lime such va
cancy occurs, at which election
a successor for the unexpired
term shall be elected.
Seclion 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 to
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,
nandamus, etc. They should have
power to correct errors in
inferior judicatories 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 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 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 ren
der judgment without the ver
dict of a jury in all civil cases,
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 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 reasonable notice to
the parties, at any time, in vaca
tion, at chambers, hear and
determine by 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 Court
is disqualified to preside-
Seclion VI.
Paragraph I. Appeals from
Ordinary. The powers of a
Court of Ordinary and of Pro
bate 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 pre
scribed bv law.
Paragraph 11. Powers. The
Courts of Ordinary shall have
such powers in relation to roads,
bridges, ’ferries, public build
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
jants, try cases, and impose sen
tences thereon in all misde
meanor cases arising under the
Act known as the Georgia State
Highwa\ Patrol Act of 1937
and other traffic laws, and in
all cases arising under the Com
pulsory School Attendance law
tn . counties of this State in
winch there is no city or county
court, provided the defendant
waives a jury trial. Like juris
chction is also conferred upon
the judges of the police courts of
incorporated cities and munici
pal court judges for offense
arising under the act known as
the Georgia State Highway Pa
trol Act of 1937. and other traf
fic laws of the State within
their respective jurisdiction
Paragraph 111. Term of office.
; The Ordinary shall hold his of
fice for the term of four years
and until his successor is elect
ed and qualified.
Seclion VII.
Justices of fhe 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
four years: Provided, however,
that the General Assembly may,
I ip its discretion, abolish justice
courts and the office of justice
of the peace and of notary pub
lic 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
system of courts a? the General
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
1 such courts, and as to new trials
and the correction of errors in
, and by said courts, and with
such further provision for the
I correction of errors by the Su
■ perior Court, or Court of Ap
peals or the Supreme Court, as
the General Assembly may,
! from time to time, in its dis
! j cretion, provide or authorize,
i Any court so established shall
I I not be sub ject to the rules of
( uniformity laid down In Para
, | graph I of Section IX of Article
VI of the Constitution of Geor
| gia; Provided, however, that
■ the General Assembly may. in
its discretion, abolish justice
courts and the office of justice
of the peace and notary public
ex-officio justice of the peace in
.'any county in this State having
i within its borders a city having
a population of over twenty
thousand, and as well in the
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
, discretion, deem necessary; or
' conferring upon existing courts,
by extension of their jurisdic
■ tion as to subject matter now
i exercised by justice courts and
by justices of the peace and no
taries public ex-officio justices
i of the peace; together with such
additional jurisdiction, either as
l to amount or to subject matter.
; | as may be provided by law.
j whereof some other court has
i not exclusive jurisdiction under
; j this Constitution? together also
• with such provisions as to rules
! and procedure in such courts
A and as to new trials and the cor
! rections of errors in and by said
1 courts, and with such further
. provision for the correction of
• errors by the superior court or
the Court of Appeals or the Su
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
side the city limits of Atlanta
' either concurrently with. or
supplemental to. or in lieu of
i justice courts, as may be now
or hereafter provided by law.
Anv court so established shall
not be subject to the rules of
i uniformitv laid down in Par
i agraph I of Section IX of Arti
■ cle VI of the Constitution of
Georgia.
i Paragraph 11. Jurisdiction.
i Justices of the peace shall have
, 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,
. and shall sit monthly at fixed
• times and places but in all cases
. I there mav be an appeal to a
I i jury in said ecurt. or an appeal
■j to the Superior Court under
] such regulation as may be pre
-1 scribed by law.
■ ) Paragraph 111- Election* and
commissions. Justices of the
peace shall be elected by the
legal voters in their respective
districts, and shall be commis
sioned by the Governor. They
shall be n movable on convic
tion for malpractice in office.
Seclion VIII.
Notaries Public,
Paragraph I. Appointment;
number; lerm; removal. Com
missioned notaries public, not
to exceed one for each militia
district, may be appointed by
the judges of the superior courts
in their respective circuits,
upon recommendation of the
grand juries of the several coun
ties. They shall be commission
ed by (he Governor for the
term of four vears and shall'be
ex-officio justices of the peace,
and shall be immovable on con
viction for malpractice in office.
Section IX.
Uniformity of Courts.
Paragraph I 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 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 Citv Comts. may be estab
lished bv the General Assembly.
Seclion X.
Attorney General.
Paragraph I. Election; term
of office. There shall be an At
torney General of this State,
who shall be elected by the peo
ple 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 ad
viser of the Executive Depart
ment. (o represent the State in
the 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 shall he required of him
by law-
Seclion XI.
Solicitor* General.
Paragraph 1. Number; lerm
of office: vacancies. There shall
be a solicitor 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 the 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 be 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 State in all
cases in the Superior Courts of
his Circuit and in all cases
taken un 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, Judges and
Solicitor* General.
Paragraph I. Salaries of Jus
tices, Judges end 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 cl the Court of An
neals 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 nor 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
era] Assembly to authorize any
countv to supplement the sal
ary of a judge of the Superior
Court and Solictor General of
the Judical Circuit in which
such counlv lies, out of county
funds, provided, however, where
such salary is. at the time of the
adoption of this Constitution,
being supplemented out of coun
tv funds under existing laws,
such laws shall remain in force
until altered by the General
Assembly. Provided further,
that the Board of County Com
missioners of Richmond County
or the Oidinaiy. or such other
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 salaiv of the Judge of
PAGE FIVE
i r 1 \ H.
■ Superior Court of the circuit of
■ which the said County of Rich
■ mend is « part, by the sum of
■ Two Thousand ($2,000) Dollars
per annum, which shall be in
addition 1c the amount received
by said judge out of the Stale
treasury; and such payments
are declared to be a part of the
. court expenses of said County,
. ar >d such payment shall be made
lo the judge now in office dur
i J n £ his present or subsequent
, terms, as well as to his succes
, sors, with the authority in the
General Assembly to increase
[ such salary from the County
treasury as above provided.
Paragraph 11. Powers lo a
bolish or reinstate fees of Soli
cilor 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
fice of solicitor general in any
particular judical circuit, and in
lieu thereof to prescribe a salary
for such office, without regard
to the uniformity of such salar
'T® ,i n , var ious circuits; and
shall have the further power to
determine what disposition shall
be made of the fines, forfeit
ures and fees accruing to the
office of solicitor general in anv
such judicial circuit where the
fees are abolished; and likewise
shall have the further power, if
it so desires, to abolish such
salary and reestablish such fees;
hut in either event, when so
changed, (he change shall not
become effective until the end
of (he term to which the solici
tor general was elected.
Section XIII.
Qualifications of Justices,
Judges, Etc.
Paragraph I. Age; citizenship,
practice ef taw. No person shall
be Justice of the Supreme
Court. Court of Appeals, Judge
of Superior Courts, or Attorney
General, unless, at the time of
ins election, he shall have at
tained the age of thirty vears,
and shall have be#n a citizen
of (he Slate three years, and
have practiced law for seven
years; and no person shall be
hereafter elected Solicitor Gen
eral unless at the lime 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 year*
next preceding his election.
Section XIV.
Venue.
Paragraph 1. Divorce cases.
Divorce cases shall be brought
in the county where the de
fendant resides, if a resident of
this stale; if the defendant be
not a resident of this state, then
in the county in which the plain
tiff resides, provided, that any
person who has been a resident
of any United States Army Post
or military reservation within
the state of Georgia for one
year next pieccding 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 IJ. Land lilies.
Cases respecting titles to land
shall be tried in the county
where the land lies, except
where a single tract is divided
by a county line, in which case
the Superior Court of either
county shall have jurisdiction.
Paragraph 111, Equity case*.
Equity cases shall be tried in
the county where a defendant
resides against whom substan
tial relief is prayed.
Paragraph IV. Suits against
joint obligors, co-parlners, etc.
Suits against joint obligors, joint,
promissors, co-partners, or joint
trespassers, residing in different
counties, may be tiled in either
county.
Paragraph V, Suits against
maker, endorser, etc. Suits «-
ginst 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 AH other cases.
AH 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 obtaimd
in such county.
Section XV.
Change of Venue.
Paragraph 1. Power lo change
venue. The power to change the
venue in civil and criminal
cases .ghall be vested in the Su
perior ;Coui Is to be exercised
in suct| manner as has been, or
shall be. provided by law.
Section XVI.
Jury Trial.
Paragraph 1 Right of trial br
jury. The light of trial by jury,
except, where it is otherwise
provided in this Constitution,
shall remain inviolate, but the
General Assembly may pre
scribe anv number, not less thar
' five, to constitute a trial, oi
