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K . r decide th« que»-
W'KTSli Of certifying
■on*. *JFv tX the Supreme Court
C* S the Court Of Appeals, and
DT tn V«#nutni proceedings m
0* TtlX lame in the Su
r*K ard ril.r! shall ne as the Su-
Wm* ujjYu by its rules
P r until otherwise pro
prescrioeo* affirmance of
&I$S -J&JS 1 &
F m c or cases certified from the
fcrt° of Appeals to the Su-!
Lme rourt, or as to which
.nch certificate has been re
tired by the Supreme Court as
hereinbefore provided. All writs
er ror in the Supreme Court
the Court of Appeals, when
received by its clerk during a
Son of the Court and before
the docket of the term is by or
d r of the Court closed, shall
be entered thereon, and when
received at any other time, shall
be entered on the docket of the
°vt term; and they shall stand
L hearing at the term for
which they are so entered, un
der cuch rules as the Court may
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
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
ether respects, except as other
wise provided in this Constitu
tion or by the laws as to the
Court of Appeals at the time
of the 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
vision of judges on any case
when the Court is sitting 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 is qualified. He may act
in other circuits when author
ized by law. The legislature
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 1o regulate the
manner in which the judges of
such circuits shall dispose of the
business thereof, and shall fix
the time at which the term or
terms of office 6f such addi-1
tlonal 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
Ktate.
Paragraph 11. Elections, when
to be held. The successors to
the present and subsequent in
cumbents shall be elected by the
•lectors of the whole State en
titled to vote for members
®f the General Assembly, at the
general election held for such
members, next preceding the
expiration of the ir respective
terms.
Paragraph 111. Terms begin,
when. The terms of th* judges
to bo sleeted undor 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 time such va
cancy occurs, at which election
I a suceessor lor 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 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, 1
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 7 trials on legal
grounds.
Paragraph VII. Judgment of
the court._ The Court shall ren
der judgment without the ver
dict of a jury in ail 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 7 be appointed by
law. The judges cf said courts
may, on reasonable notice to
the parties, at any time, in vaca
tion, at chambers, hear and
determine by interlocutoiy oi
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 Ihe presiding
judge is from any cause dis
qualified.
Sec lien V.
Paragraph I. Judges oi su
perior and cily couifs may al
ternate, when. In any co h Ul^ y
within which there is or heie
after may be a city Court
Judge of said Court, and of the
Superior Court may preside in
the Courts cf each other in cases
where the tuege of either Court
is disqualified to preside-
Secfion VI.
Paragraph I. Appeals from
Ordinary. The powers of a
Court cf Ordinary and of Pro
bate shall be vested in an Or
dinary for each ccunty, from
whoso decision there may be an
appeal, or by consent of parties,
without a decision fc the Super
ior Court under regulations pre
scribed by law 7 .
Paragraph 11. Powers. The
Court* of Ordinary shall have
such powers in relation to roads,
bridges, ferries, public build
ings paupers, county officers,
county funds, ccunty taxes and
other county matters as may be
conferred er; thorn bv law.
The Court of Ordinary shall
have jurisdiction to i«uo war-
CONSTITUTIONAL AMENDMENTS
rants, trv cases, and impose sen
tences thereon all misde
meanor cases arising under the
Act known as the Georgia State
Highway Patrol Act of 1937.
and other traffic laws, and in
au 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 jurv trial. Like juris
diction 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 HI, 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.
Section VII,
Justice* of the Peace.
Paragraph L 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,
in 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, end establish 'n lieu
thereof such court or courts or
system of courts as the General
Assembly may, In its discretion,
deem necessary, conferring up
on such new court or courts ot
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 with
such further provision for the
correction of errors by the Su
perior Court, or Couft of Ap
peals, or the Supreme Court, as
the General Assembly may,
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 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
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
courts or system of courts as the
General Assembly may. In its
discretion, deem necessary; or
conferring upon existing courts,
by extension of their jurisdic
tion as to subject matter now
exercised by justice courts and
by justices of the peace and no
taries public ex-officlo justices
of the peace; together with such
additional jurisdiction, either as
to amount or to subject matter,
as may be provided by law.
whereof some other court has
not exclusive jurisdiction under
this Constitution: together also
with such provisions as to rules
and procedure in such courts
and as to new trials and the cor
rections of errors in and by said
courts, and with such further
provision for Ihe correction of
errors by the superior court or
the Court of Appeals or the Su
preme Court as the General As
sembly mav. 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
cither concurrently with, or
supplemental to, e>r In lieu of
justice courts, as may be now
or hereafter provided by law
Any court sc established shall
not be subject to the rules of
uniformity laid .down in Par
agraph 1 of Section IX of Arti
cle VI of the Constitution of
Georgia.
Paragraph 11. Jurisdiction.
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 r arsenal property
when the principal sum does not
exceed two hundred dollais,
and shall sit monthly at fixed
times and places but In all cases
there may te an appeal to a
iurv in said court, or an appeal
to the Superior Court under
such regulation as may *>£ pre
scribed bv law. ,
1 Paragraph HI- Elections and
commission*. Justices of the
peace shall be elected by the
legal voter* in their respective
districts, 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. Apioinlruani;
number) term; 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 the Governor for the ,
term of four years and shall be j
ex-officio justices of the peace, t
and shall be removable on con- «
viction for malpractice in office, j
Section IX. f
Uniformity of Courts. j
Paragraph 1. Uniformity pro- I
vlded for. Except as otherwise 1
provided in this Constitution, t
the jurisdiction, powers, pro- i
eeedings end practice of all s
eourts or officers invested with c
judicial powers (except City 1
Courts) of the same grade or v
:lass, so far as regulated by law. <
and the force and effect of the *
process, judgment and decree, 1
bv such courts, severally, shall ■
be uniform. This uniformity 1
must be established by the *
General Assembly, and in case 1
of Citv Courts, mav be estab- j
Lished by the General Assembly.
Section 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 1
same term and in the same 1
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- 1
ment, to represent the State in 1
the Supreme Court in all Cap- j
ital felonies; and In all Civil and j
Criminal Cases in any Court ■
when required bv the Governor
and to perform such other serv
ices as shall be required of him ,
by law.
Section XI.
Solicitor* General.
Paragraph I. Number; term
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 IT. Duties. It shall
be the duty of the Solicitor Gen
eral to represent the State in all
eases In the Superior Courts of
his Circuit and in all cases
(aken up 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 by 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 ef the Court of Ap
peals each shall have out of
the treasurv 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
countv to supplement the sal
ary of a judge of the Superior
Court and Solicitor General of
the Judical Circuit in which
such countv lies, out of county
funds, provided, however, where
such salarv 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 the General
Assembly. Piovided further
that the Beard of County Com
missioners ef Richmond County
or the Oidinary. or such othei
board or person as mav from
time to time have charge of Inc
fiscal alfahs of said county,
shall without further legisla
tive action continue to supple
ment from wild County’s treas
ury, the tilturv ol f* '«
PAGE FIVE
; Superior Court of the circuit of
which the said County of Rich
mond is a part, 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
court expenses of said County,
and such payment shall be made
to the judge now in office dur
ing 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 to • -
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
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
ies in the various 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 any
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 fei s;
but in either event, when so
changed, the change shall not
become effective until the end
of the term to which the solici
tor general was elected.
Section XIII.
Qualifications of Justices,
Judges, Etc.
Paragraph I. Age; citizenships
practice of law. No person shall
D* Justice of the Supreme
Court, Court of Appeals, Judge
of Superior Courts, or Attorney
General, unless, at the time of
his election, he shall have at
tained the age of thirty years,
and shall have been a citizen
of the Slate three years, and
have practiced law for seven
years: and no person shall be
hereafter elected Solicitor Gen
eral unless at the time of hi»
election he shall have attained
twenty-live years of age, shall
have been a citizen of the State
for three years, and shall have
practiced law for three yean
next preceding his election.
Section XIV.
Venue.
Paragraph I. Divorce cases.
Divorce cases shall be brought
In the county where the de
fendant resides, if a resident of
this state; 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 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 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 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 obligors, co-partners, etc.
Suits against joint obligors, joint
promissors, co-partners, or joint
trespassers, residing in different
counties, may be tried in either
county.
Paragraph V. Suits aqainst
maker, endorser, etc. Suits a
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. 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-
I partial jury cannot be obtaim d
in such count v.
Section XV.
Change of Venue.
Paragraph I. Power to chanqe
venue. The power to change the
venue in civil and criminal
cases jhall be vested in the Su
perior. Courts to be exercised
in sue* manner as has been, or
shall be. piovided bv law.
Section XVI.
Jury Trial.
Paragraph 1 Hiqht of Inal by
jury. The right of trial by tuiv,
exceot >wbi?rp it is_
' shall remain inviolate, but the
. General Aaeem.Dly may mc
■ scribe any number, not less tn. r
> ftva •r, oonbGl»*> ■ trial, oi
