BILL OF RIGHTS.

;..lsTt:c.oe

perpetuate the principles of free government, insure to all, preserve peace, promote the interest at12

kappiness of the citizen, and transmit to posterity the el--
;;yment of liberty, we, the people of Georgia, relying uporl

.the protection and guidance of Almighty God, do o r d i r :

ar,d establish this Constitution :

Paragraph I. All government, of right, originates i ~ i d :

!he people, is founded upon their will only, and is insti-

:.;ted solely for the good of the whole. Public officers

t: e the trustees and servants of the people, and,;at all times,

zmenable to them.

Far. 11. Protection to person and property is the para-

j-,io,lnt duty of government, and shall be impartial and

xmplete.

Par. 111. No person shall be deprived of life, liberty, 0:.

Property, except by due process of law.

Par. IV. No person shall be deprived of the right tc\

prosecute or deiend his own cause in any of the courts o f

:his State, in person, by attorney, or both.

Par. V.. Every person charged with an offense against

:he

oi this State shall have the privilege arldjbenefit of

counsel, shall be furnished, on demand, with a copy ol

:he accusation, and a list of the witnesses on whose testi-

e o n y the charge against him is founded; st1111 have

,-o*npulsoryprocess to obtain the testimony of hi.: own

4

CONSTITUTION.

witnesses ; shall be confronted with the witnesses testifying against him, and shall have a public and speedy trial by an impartial jury.
Par. VI. No person shall be compelled to give testimony :ending in any manner to criminate himself.
Par. VII. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
Par. VIII. No person shall be put in jeopardy of life, or liberty, more than once for the same offense, save on his, or her, own motion for a new trial after conviction, or in case of mistrial.
Par. IX. Excessive bail shall not be required, nor escessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, \vhile under arrest, or in prison.
Par. X. No person shall be compelled to pay costs, except after conviction on final trial.
Par. XI. The writ of I-IABEASCORPUSshall not be suspended.
Par. XII. 1-211 men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human acthority should, in any case, control or interfere with such right of conscience.
Par. XIII. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts ofJlicentiousness, or justify practices inconsistent with the peace and safety of the State.
Par. XIV. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.
Par. XTT. Yo law shall ever be passed to curtail, or restrain, the liberty of speech, or of the press; any person

may speak, write, and publish his sentiments, on all sx5jects, being responsible for the abuse of that liberty.
Par. XVI. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonaKe searches and seizures, shall not be violated ; and no war. rant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place. o: places, to be searched, and the persons or things to ',: seized.
Par. XVII. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a pu:~ishment for crime after legal conviction thereof.
Par. XVIII. The social status of the citi~enshall neae be the subject of legislation.
Par. XIX. The civil authority shall be superior to t1.e military, and no soldier shall, in time of peace, be quartere? in any house, without the consent of tlic owner, r x r 'r. time of war, except by the civil magistrate, in such ma::ner as may be provided by law.
Par. XX. The powtr of the courts to puni,h for cc.? tempt, shall be limited by legislative acts.
Par. XXI. There shall be no imprisonment for debt
Par. S X I I . The right of the people to keep and Lea: arms, shall not be infringed, but the General .\ssez::j::. shall have power to prescribe the manner in which a:: may be borne.
Par. XXIII. The legislative, judicial and csecutice ?,: *, ers shall forever remain separate and distinct, and no ?e:-
son discharging the duties of one, shall, at the same fin:e, exercise the functions of either of the others, except >; herein provided.
Par. XXIV. T h e people have the right to assenlb!e peaceably for their common good, and to apply to those
- vested with the powers of government, for redress of g r i s
ances, by petition or rernonstance. Par. XXV. All citizens of the United States, reside x':

in this State, are hereby declared citizens of this State : si:d it shall be the duty of the General Assembly t o enact such laws as will protect them in the full enjoyment 'J the rights, privileges and immunities due to such citizerl ship.
SECTIOX11.
Pzr. I. In ail prosecutions or indictments for libel t:~: truth may be given in evidence ; and the jury in all crirrrinal cases, shall be the judges of the law and the fact_.. T h e power of the Judges to grant new trials i n cases c 7 conviction, is preserved.
Par. 11. Treason against the State of Georgia, sila:consist in levying war against h e r ; adhering to her e r z mies; giving them aid and comfort. No person shall b: convicted of treason, except on the testimony of two wi:nesses to the same overt act, or confession in open court
f i r . 111. No conviction shall work corruption of b l o ~ ~ or forfeiture of estate.
Par. IV. All lotteries, and the sale of lottery ticket:, are hereby prohibited ; and this prohibition shall be e.: forced by penal laws.
Par. V. Lobbying is declared to be a crime, and t5: General Assemb!y shall enforce this provision by sc!table penalties.
Par. VI. The Gei~eralAssembly shall have the pobv-i t o provide for the punishment of fraud ; and shall providz. by law, for reaching property of the debtor concealed i r x the creditor.
SECTIOX111.
Paragraph I. I n cases of necessity, private ways may be granted upon just compensation being first paid by thapplicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.
Par. 11. No bill of attainder, ~xpost~factloaw, retroxtIve

:;IT, or lam impairing the obligation of contracts, or makj,g irrevocable grants of special privileges or immunities, shall be passed.
Par, 111. I\;o grant of special privileges or immunities :hall be revoked, except in such manner as to work no insti ice to the corporators or creditors of the incorporation.
SECTIOIVN.
Paragraph I. Laws of a general nature shall have unir ~ r moperation throughout the State, and no special law i a l l be enacted in any case for which provision has been r x d e by an existing general law. No general law affecting ~ r i v a t erights, shall be varied in any particular case, b y -pecial legislation, except with the free consent, in writing c f all persons to be affected thereby ; and no person under .egal disability to contract, is capable of such consent.
Par. 11. Legislative acts in violation of this Constitu?,on, or the Constitution of the United States, are void, and the Judiciary shall so declare them.
Far~grapliI. T h e peopie of this State have the inherent, sole and exclusive right of regulating their internal g o ~ ~ e r n n ~ eanntd, the police thereof, and of altering and :lbolishing their Constitution whenever it may be necess r y to their safety and happiness.
Par. II. The enumeration of rights herein contained as i, part of this Constitution, shall not be construed to deny ro the people any inherent rights which they may have hithtrto enjoyed.

ARTICLE 11.
ELECTIVFERANCHISE.
Paragraph 1. In all elections by the people, the electors shall vote by ballot.
Par. 11. Every male citizen of the United States, (except as hereinafter provided) twenty-one years of age, who shalt have resided in this State one year next preceding the election, and shall have resided six months in the county in which he offers to vote, and shall have paid all taxes which may hereafter be required of him, and which he may have had an opportunity of paying, agreeably to law, except for the year of the election, shall be deemedian elector : Prozlided,that no soldier, sailor or marine in the military or naval service of the United States, shall acquire the rights of an elector, by reason of being stationed on duty in this State ; and no person shall vote who, if challenged, shall refuse to take the following oath, or affirmation : " I do swear (or affirm) that I am twenty-one years of age, have resided in this State one year, and in this county six months, next preceding this election. I have paid all taxes which, since the adoption of the present Constitution of this State, have been required of me previous to this year, and which I have had an opportunity to pay, and I have not voted at this election."
Paragraph 1. The General Assembly may provide, from time to time, for the 3 e ;!stration of all electors, bu' the following ciasses of pcrsgns shall not be permitted to re.?isterc vote, or hold any office, or appointment of honor or trust in this State, to-wit: 1st. Those who shall have been con\+cted, in any court of competent jurisdiction, of treason

CONSTITUTION.

3

against the State, of embezzlement of public funds, malfeasance in office,bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State ~ v i t himprisonment in the 'penitentiary, unless such person shall have been pardoned. 2d. Idiots and insane persons,

Paragraph I. Electors shall, in all cases, except for trel-
son, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in goZng to and returning from the same.
SECTIOINV.
Paragraph I. No person who is the holder of any public money, contrary to law, shall be eligible to any office i i ~ this State, until the same is accounted for and paid into the treasury.
Par. 11. No person who, after the adoption of this Constitution,being a resident of this State, shall have been convicted of fighting a duel in this State, or convicted of sending, or accepting a challenge, or convicted of aiding, or abetting such duel, shall hold office in this State, unless lle shall have been pardoned; and every such person sha::, also, be subject to such punishment as inay be prescribed by law.
SECTIONIT.
Paragraph I. The General Assembly shall, by law, forbid the sale, distribution, or furnishing of intoxicating drinks within two miles of election precincts, on days of electionState, county or municipal-and prescribe punishment f(3r any violation of the same,
SECTIOVNI,
Paragraph I. Returns of election for all civil officers

elected by the people, who are to be commissioned by the Governor, and, also, for the members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
ARTICLE 111.
Paragraph I. The legislative power of the State shall be vested in a General Assembly which shall consist of a Ser.ate and Iiouse of Representatives.
Paragraph I. The Senate shall consist of forty-four members. There shall be forty-four Senatorial Districts, as now arranged by couaties. Each District shall have one Senator.
Par. XI. The First Senatorial District shall be composed
of the counties of Chatharn, Eryan and Effingham. The Second Senatorial District shall be composed of the
counties of Liberty, Tatnall and McIntosh. The Third Senatorial District shall be composed of t3-
counties of IVayne, Pierce and Appling. The Fourth Senatorial District shall be composed or
the counties of Glynn, Camden, and Charlton. The Fifth Senatorial District shall be composed of :!I:
counties of Coifee, Ware, and Clinch. T h e Sixth Senatorial District shall be composed of ti??
counties of echo!^, Lowndes, and Berrien. The Seventh Senatorial District shall be composed of
the counties of Grooks, Thcmas, and Colquit:. The Eighth Senatorial District shall be composed of t?.e
counties of Decatur, blitcheil and Miller. The h'inth Sei~atorialDistrict shall be composed of t5.2
counties of Early, Calhoun ai:d Baker.

The Tenth Senatorial District shall be composed of the ,:canties of Dougherty, Lee and 'IVorth.
The Eleventh Senatorial Uistrict shali be composed of :!;e counties of Clay, Randolph and Terrell.
The Twelfth Senatorial District shall be composed of the zounties of Stewart, Webster and Quitman.
The Thirteenth Senatorial District shall be c~):nposedof tlle counties of Sumter, Schley and nfacon.
The Fourteenth Senatorial District s h d l be composed of :;;e counties of Dooly, Wilcox, Pulaski and Dodge.
The Fifteenth Senatorial District shali b: composed of t;:e counties of Montgomery, Telfair and Trwii~.
. The Sixteenth Senatorial District sha!: be c o m p o e t 3o
>3.-.- co,:ntics of Laurens, E~nanue!and Johnson,
The Seventeenth Senatorial District shall be cornposed o l :he cortnties of Screvcn, li~lllochand Burke.
T h c Eighteeilth Senatorial District shall be compos=dof
zj,e counties of liichmond. Glasscock and Jefferson.
The Nineteenth Senatorial District sha!! 'be composed of tl:e counties of Taliaferro, Grcene and TVarren.
The 'l'\ventieth Seilatorial District shali be conlposetl ilf
-.I.!,> , counties of Rald\vin, K a ~ ~ c o cankd LVashington.
Tile Twenty-first Senatorial District shal! be composed of ::le countics of Twiggs, JVilkinson and Jones.
':'he Tiventy-second Senatorial District shall be coinposed c i the counties of Ribb, Monroe and Pike.
The Twenty-third Senatorial District shz!i bc cotnpoceri c l the counties of Houston, Crawford and Taylor.
TheTwcnty-fourth Senatorial District shail be c o m p ~ s e d c I' the counties of b'luscogee, JIarion and Chattahoochee.
The Twenty-fifth Senatorial District shail be composed ( Ithe counties of Harris, Upson and Talbat.
The Twenty-sixth Senatorial District shall be co:npos~ci
-: I the counties of Spalding, Butts and Fayette. i he Twenty-seveiith Senatorial District sha'li be com-

1"-

CONSTITUTION.

posed of the counties of Newton, Walton, Clarke, Oconee and Rockdale.
The Twenty-eighth Senatorial District shall be composed or* the counties of Jasper, Putnam and Morgan.
The Twenty-ninth Senatorial District shall be composed of' the counties of Wilkes, Columbia, Lincoln and McDuffie.
The Thirtieth Senatorial District shall be composed of the counties of Oglethorpe, Madison and Elbert.
The Thirty-first Senatorial District shall be composed of the counties of Hart, Habersham and Franklin.
T41e Thirty-second Senatorial District shall be composed of the counties of \Vhite, Dawson and Lumpkin.
The Thirty-third Senatorial District shall be composed of the counties of Hall, Banks and Jackson.
The Thirty-fourth Senatorial District shall be cotnposed of the counties of Gwinnett, DeKalb and Henry.
T h e Thirty-fifth Senatorial District shal! be composed of the counties of Clayton, Cobb and Fulton.
The Thirty-sixth Senatorial District shall be con~posed cf :he counties of Campbell, Coweta, Meriwether, Douglass.
The Thirty-seventh Senatorial District shall be composed (2Cthe counties of Carroll, Heard and Troup.
The Thirty-eighth Senatorial District shall be composed of the counties of Haralson, Polk and Paulding.
The Thirty-ninth Senatorial District shall be cotnposed of the counties of JI~lton,Cherokee and Forsyth.
The ' Fortieth Senatorial District shall be composed of the counties of Union, Towns and Rabun.
The Forty-first Senatorial District shall be composed of the counties of Pickens, Fannin and Gilmer.
The Forty-second Senatorial District shall be composed of the counties of Bartow, Floyd and Chattooga.
The Forty-third Senatorial District shall be composed of the counties of Murray, Gordon and Whitfield.

The Forty-fourth Senatorial District shall be composed of the counties of Walker, Dade and Catoosa.
Par. 111. The General Assembly may change these districts after each census of the United States: Pra?i&d, That neither the nl~mberof Districts nor the number of Senators from each District shall be increased.
paragraph I. T h e House of Representatives shall consist of one hundred and seventy-five Representatives, apportioned among the several counties as follows, to.wit: T o the six counties having the largest population, viz : Chatham, Richmond, Burke, Houston, Bibb and Fulton, three Reprcsentatives, each ; to the twenty-six counties having the next largest population, viz : Bartow, Coweta. Decatur, Floyd, Greene, Gwinnett, Harris, Jefferson, Meriwether, Monroe, Muscogee, Newton, Stewart, Sumter, Thomas, Troup, Washington, Hancock, Carroll, Cobb. f ackson, Dougherty, Oglethorpe, Macon, Talbot and Wilkes, two Representatives, each; and to the remaining one hundred and five counties, one Representative, each.
Par. 11. The above apportionment shall be changed b!the General ,4ssernbly a t its first session after each censuq taken by the United States Government, so as to give to the six counties having the largest population three Representatives, each ;and to the twenty-six counties having the next largest population two Representatives, each ; but in no event shall the aggregate number of Representatives be increased.
SECTIOIVN.
Paragraph I. The members of the General Assembl>shall be elected for two years, and shall serve until their successors are elected.
Par. 11. T h e first election for 1nembei.s of the Genera; Assembly, under this Constitution, shall take place on the first \lVrdnesday in December, 1877 ; the second electio:;

14

COKSTITUTION.

far the same shall be held on the first \\'ednesday in Ck:ober, 1880, and subsequent elections biennially, on that day, until the day of election is changed by law.
Par. 111. The first meeting of the General Assemb:~ after the ratification of this Constitlition, shall be on t:~: Erst IVednesday in November, 1878, and biennially the:e~ i i e r o, n the same day, until the day shall be changed b:; law. But nothing herein contained sha!i be construed t.: nrevent the Gover1:or from calling an extra sessioi~of t:~e General Assembly before the first Wednesday in Kove:?; her, 1878, if, in his opinion, the public good shall require i:
Par. IV. A majority of each house shall constit:::= a quorum to transact business; but a smaller number nlay adjourn froin day to day and compel the presence of it>
absent members, as each house may prov~de. Par. V. Each Senator and Representative, before tr!:-
ing his seat, shall take the following oath, or affii-ma: c: .
to-wit : " I will support the Constitution of rllis State. a: 2 2f the United States, and on all questions and measL;e svhich may come before me, I ivill so conduct myself. a :vill, in my judgment, be most conducive to the interest: and prosperity of this State."
Par. VI. NO session of the General Assembly shall c,: tinue longer than forty days, unless by a two-tii~rd-, t ctr c i the whole number of each house.
Par. VII. No person holding a military commissioi:, c cthcr appointment, or office, having any emolilintnt, c compensation annexed thereto, under this State, or t2United States, or either of them, except Justices of t1.c Peace and officers of the militia, no1 any defaulter i_oublic money, or for any legal taxes required of him. s k . , lave a seat in either house; nor sl-,a!i any Senator. c Representative, after his qualification as such, be eien:k3 :)y the General Assembly, or appointed by the Govern<*cither with or without the advice and consent of the $k--
ate, to any office or appointment having any emolume: :
zrlnexed thereto during the time far which fie shall h ~ i ; Seer: elected.

CONSTITUTION.

1,5

Par. VIII. The seat of a member of either house shall
r e vacated on his removal from the district or county fron~ .vhich he was elected.

Paragraph I. T h e Senators shall be citizens of the United

,:ates, who have attained the age of twenty-five years, and

xt.ko shall have been citizens of this State for four years,

;-.d for one year residents of the district from whiclr

ziected.

?ar. 11. T h e presiding officer of the Senate shall be styled

:?te President of the Senate, and shall be elected v h n ztoce

fr 7 3 the Senators.

Yar. 111. The Senate shall have the sole power to ti7

.r.-uezchments.

Jar. IV. TVhen sitting for that purpose, the members

-,?;bI:e on oath, or afirrna:ion, and shall be presided otrer

- J the Chief Justice, or the preiiding Justice o f the Su. 5-?e Court. Should the Chief Justice be disquaiified
;=: Senate shall seiect the Judge of the Supreme Court to

I

. No person shall be convicted without the concur-

rence of two-thirds of the members present.

?ar. V. Judgments, in cases of ill~peachment,shall not

, >.,.'..e-nd further than removal from office, and disqualifica-

n to hold and enjoy any office of honor, trust, or profit,

*bin this State; but the party convicted shall, neverthe-

:;<, be liable, and subject, to indictment, trial, judgment,

r e punishment, according to iaw.

- - ^...-I'aurnagitreadphS

I. T:jtates w

l.leprescntatives ho have attained

shall be the agc

citizens o:' of twe:;ty-

.-- -. --.=-. years, aiid i ~ h oshall !lave been citizens of :hi-
.:.-.*.*- for t\>:o jrearj? and for one year re~iclents ;)F rllr

.-::::lies fro!n wl:ich c:iected.

16

CONSTITUTION

Par. 11. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected vka voce from the body.
Par. 111. The House of Representatives shall have the sole power to impeach all persons who shall have been, or may be, in office.

Paragraph I. Each House shall be the judge of the
election, returns, and qualifications of its members, and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expub sion ; but no member shall be expelled, except by a vote of two thirds of the House to which he belongs.
Par. 11. Each House may pur~ishby imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
Par. 111. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable to answer in any other place for anything spoken in debate in either House.
Par. IV. Each House shall keep a journal of its proceedings, and publish it immediately after its adjournment.
Par. V. The original journal shall berpreserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
Par. VI. The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the journal.
Par. VII. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion or insurrection.

Par. VIII. No law or ordinance shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.
Par. IX. The general appropriation bill shall embrace noth-
ing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
par. X. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
Par. XI. No money shall be drawn from the treasury except by appropriation made by law, and a regular statement and account of the receipt and expenditure of all public money shall be published every three months, and, also, with the laws passed by each session of the General Assembly.
Par. XII. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each House, are recorded.
Par. XIII. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill, ordinance or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
Par. XIV. No bill shall become a law unless it shallreceive a majority of the votes of all the members elected to each House of the General Assembly, and it shall, in every instance, so appear on the journal.

18

CONSTITUTION.

Par. XV. All special or local bills shall originate in the House of Representatives. T h e Speaker of the House of Representatives shall, within five days from the organization of the General Assembly, appoint a committee, consisting of one from each Congressional District, whose duty it shall be to consider, and consolidate all special and local bills, on the same subject, and report the same to the House ; and no special or local bill shall be read or considered by the House until the same has been reported by said committee, unless by a two-thirds vote. And no bill shall be considered or reported to the House, by said committee, unless the same shall have been laid before t within fifteen days after the organization of the Genera3 Assembly ; except by a two-thirds vote.
Par. XVI. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter, or thing to be effected, may be situated, which notice shall be given a t least thirty days prior to the introduction of such bill into the General Assembly, and in the manner to be prescr~bedbylaw. The evidence of such notice havingbeen published, shall be exhibited in the General Assembly before such act shall be passed.
Par. XVII. No law, or section of the Code, shall be amended or repealed by mere reference to its title, or t3 the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
Par. XVIII. The General Assembly shall have no power to grant corporate powers and privileges to private cornpanes, except banking, insurance, rai!road, canal, navigatior~, express and telegraph companies; nor to make or chang2 election precincts ; nor to establish bridges or ferries ; nor to change names cr legitimate children : but it shall prcscribe by law the manner in vliich such powers shall bz exercised by t:y.~-~ C O L I ~ ~ S .

Par. XIX. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance &all have been apprehended and placed in the custody of the proper officer.
Par. XX. The General Assembly shall notjauthorize the construction of any street passenger railway within the limits of any incorporated town or city, without the consent of the corporate authorities.
Par. XXI. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passing of an act or resolution, the yeas and nays on the passage thereof shall be entered on the journal.
Par. XXII. The General Assembly shall have power to make all laws and ordinances consistent with this Constitu:ion, and not repugnant to the Constitution of the United States,,which they shall deem necessary and proper for the welfare of the State.
Par. XXIII. No provision in this Constitution, for a twothirds vote of both houses of the General Assembly, shall be construed to waive the necessity for the signature of the Governor, as in any other case, except in the case of the swo-thirds vote required to override the veto, and in case of prolongation of a session of the General Assembly.
Par. XXIV. Neither house shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two houses, on a question of adjournment, the Governor may zdjourn either, or both of them.
SECTIONV I I I .
Paragraph I. The officers of the two houses, other than :he President and Speaker, shall be a Secretary ofthe Senslte and Clerk of the House of Representatives, and such assistants as they may appoint ; but the clerical expenses

of the Senate shall not exceed sixty dollars per day, for each session, nor those of the House of Representatives seventy dollars per day, for each session. The Secretary of the Senate, and Clerk of the House of Representatives, shall be required k give bond and security for the faithful discharge of their respective duties.
SECTIONIX.
Paragraph I. The per diem of members of the General Assembly shall not exceed four dollars ; and mileage shald not exceed ten cents for each mile traveled, by the nearest practicable route, in going to, and returning from, the Capital ;but the President of the Senate and the Speaker of the House of Representatives, shall each receive not exceeding seven dollars per day.
Paragraph I. ,411 elections by the General Assembly shall be viva voce, and the vote shall appear on the journal of the House of Representatives. When the Senate and House of Representatives unite for the purpose of elections, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the result.
SECTIONXI.
Paragraph I. All property of the wife at the time of her marriage, and all property given to, inherited, or acquired by her, shall remain her separate property, and not be liable for the debts of her husband.
SECTIONXII.
Paragraph I. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, char-

CONSTITUTION.

9 1

tered by other States of the Union, or foreign States, shaH &ow that they have deposited with the Comptroller Gem
of the State in which they are chartered, or ofthis State, $he Insurance Commissioner, or such other officer as may
be authorized to receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such
equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders.
Par. 11. When such showing ismade to the Comptroller General of the State of Georgia by a proper certificate from the State official having charge of the fund so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.
Par. 111. All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such 5ecuri'ies as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy holders of the company making such deposit. all interest and dividends arising from such securities 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 re placing them with other securities equally acceptable t o the Comptroller General, whose certificate for the szme shall be furnished to the company.
Par. IV. The General Assembly shall, from time to time, enact laws to compel all fire insurance companies doing business in this State, whether chartered by this State, or otherwise,to deposit reasonable secgrities with the Treasurer of this State, to secure the people against loss by the operations of said companies.

Par. V. The General Assembly shall compel all insur. ance companies in this State, or doing business therei:~~ : ~ n d epr roper penalties, t o make semi-annual reports to ti12 Governor, and print the same a t their own expense, for th: information and protection of the people.
ARTICLE IV.
Paragraph I. The right of taxation is a sovereign rightinalienable, indestructible-is the life of the Stat&, and rightfully belongs t o the people in all Republican governments, and neither the General Assembly, nor any, nor a!! other departments of the 'Government established by this Constitution, shall ever have the authority to irrevocab/:,give, grant, limit, or restrain this right; and all laws, grant; contracts, and all other acts, whatsover, by said goveri;ment, or any department tlereof, to affect any of the_;= purposes, shall be, and are hereby, declared to be :u!l. and void, for every purpose whatsoever ; and said right o! taxation shall always be under the complete control cf. and revocable by, the State, notwithstanding any gi;':, grant,or contract, whatsoever, by the General Assembly.
Paragraph I. T h e power and authority of regulating railroad freight and passenger tariffs, preventing unjusl: &scriminations, and requiring reasonable and j u t rates cf freight and pa3senger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be t o pass Iaws, from time to time, t o regulate freight and passenger tariff,, to prohibit unjust discriminations on the various raliroad~ of this State, and to prohibit said roads from charging

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28

other than just and reasonable rates, and enforce the same by adequate penalties.
Par. 11. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public >se, the same as property of individuals ; and the exercise of the police power of the State shall never be abridged, *or SO construed as t o permit corporations t o conduct their bu,iness in such manner as to infringe the equal rights of .individuals, or the general well being of the State.
Par. 111. The General Assembly shall not remit the forfeiture of the charter of any corporation, now existing, nor alter or amend the same, nor pass any other general or special law for the benefit of said corporation, except upon :he condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution ; and every amendment of any charter of any corporation in this State, or any special law for its benefit, accepted thereby. shall operate as a novation of said charter and shall bring :he same under the provisions of this Constitution : P7,ovz. &ti, that this section shall not extend to any amendment for the purpose of allowixlg any existing road t o take stock ;2 cir aid in the building of any branch road.
Par. IV. The General Assembly of this State shall have no power to authorize any corporation to buy shares, or stock, in any other corporation in this State, or elsewhere, or to make any contract, or agreement whatever, with any such corporation, which may have the effect, o r be in tended to have the effect, to defeat or lessen competition in ;heir respective businesses, or to encourage monopoly ; and all such contracts and agreements shall be illegal and void.
- Par. V. No railroah company shall give, or pay, any re-
2,,a+~ eo,r bonus in the nature thereof, directly or indirectly, ~s c!o any act to mislead or deceive the ablic as to the rea: rates charged or received for freights or passage ; and any

such payments shali be illegal and void, and these prohibitions shall be enforced by suitable penalties,
Par. VI. No provision of this article shall be deemed, held or taken to impair the obligation of any contract herelofore made by the State of Georgia.
Pw.VII. The General Assembly shall enforce the pro-
visions of this article by appropriate legislation.
ARTICLE V.
Paragraph I. The officers of the Executive Department shall consist of a Governor, Secretary of State, Comptroller General, and Treasurer.
Par. 11. The Executive power shall be vested in a G w ernor, who shall hold his office during the term of two years, and until his successor shall be chosen and qualified, He shall not be eligible to re-election, after the expiration of a second term, for the period of four years. He shall have a salary of three thousand dollars per annum, (untii2 otherwise provided by a law passed by a two-thirds vote of both branches of the General Assembly) which shall not be increased or diminished during the period for which he shall have been elected ; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. But this reduction of salary shall not apply to the present term of the present Governor.
Par. 111. The first election for Governor, under this Coastitution, shall be held on the first Wednesday in October, 1880, and the Governor-elect shall be installed in office a t 'the next session of the General Assembly. An election shall take place biennially thereafter, on said day, untP

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25

another date be fixed by the General Assembly. Said
&tion shall be held at the places of holding general elec~ o nisn the several counties of this State, in the manner lwescribed for the election of members of the General Assembly, and the electors shall be the same.
par. IV. The returns for every election of Governor
&all be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretary of State, who shall, without opening said returns, cause the same to be laid before the Senate on the bay after the two houses shall have been organized, and tbey shall be transmitted by the Senate to the House of
Representatives. Par. V, The members of each branch of the Gen-
eral Assembly shall convene in the Representative Hal;. and the President of the Senate and the Speaker of the House of Representatives, shall open and publish the returns in the presence and under the direction of the General Assembly ; and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but, if no persori shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, the General Assembly shall, immediately, elect a Governor viva voce ; and in all cases of eleet b n of a ~ove!rnor by the General Assembly a majoritjof the members present shall be necessary t? a choice.
Par. VI. Contested elections shall be determined by b t h Mouses of the General Assembly, in such manner as shall be prescribed by law.
Par. VII. No person shall be eligible to the office o: Governor who shall not have been a citizen of the United States fifteenyears, and a citizen of the State six years, and who shall not have attained the age ot thirty 5 ears.
Par VIII In case of the death, resignation, or disat3ili-

ty of the Governor, the President of the Senate shall ex ercise:the executive :powers of the government until such disability be removed, or a successor is elected and qualified. And in case of the death, resignation or disability of the President of the Senate, the Speaker of the House of Representatives shall exercise the executive powers of the government, until the removal of the disability, or the election and qualification of a Governor.
Par. IX. The General Assembly shall have power toprovide by law, for filling unexpired terms by special elections.
Par. X. The Governor shall, before he enters on the duties of his office, take the following oath or affirmatios
" 1 do solemnly swear (or affirm as the case may be) that
I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preser1.e. protect and defend the Con~titutionthereof, and the Constitution of the United States of America."
Par. XI. The Governor shall be commander-in-chief oh the army and navy of this State, and of the militia thereof.
Par.-XII. H e shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve* H e shall, at each session of the General Assembly, communicate to that body each case of reprieve, pardon or commutation granted, stating the name of the convict, the offense of which he was convicted, the sentence and its date, the date of the reprieve, pardon or comn~utationa,nd the reasons for granting the same. H e shall take care that

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the laws are faithfully executed, and shall be a conservator of the peace throughout the State.
Par. XIII. He shall issue writs of election to fill ail vacancies that may happen in the Senate or House of Representatives, and shall give the General 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 expedient. He shall have power to convoke the Genera1 Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly except such as shall relate to the object stated in his proclamation convening them.
Par. XIV. 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 commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
Par. XV. A person once rejected by the Senate shall not be re-appointed by the Governor to theesame office during :he same session, or the recess thereafter.
Par. XVI. The Governor shall have the revision of all bills passed by the General Assembly, before the same shall become laws, but two-thirds of each House may pass 2 law, notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law ; unless the General Assembly, by their adjournment, shall prevent its return. H e may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House.
Par. XVII. Every vote, resolution, or order, to which :he concurrence of both Houses may be necessary, except on a question of election, or adjournment, shall be presented to the Governor, and before it shall take effect be

28

CONSTITUTION.

approved by him, or, being disapproved, shall be repassed by two-thirds of each House.
Par. XVIII. H e may require information, in writing, from the officers in the Executive Department on any subject relating to the duties of their respective offices. I t shall be the duty of the Governor, quarterly, and oftener if he deems it expedient, to examine, under oath, the Treasurer and Comptroller General of the State on all matters pertaining to their respective offices,and to inspect and review their books and accounts. The General Assembly shall have authority to provide by law for the suspension of either of said officers from the discharge of the duties of his office, and, also for the appointment of a suitable person to discharge thd duties of the same.
Par. XIX. The Governor shall have power to appoint his own secretaries, not exceeding two in number, and to provide such other clerical force as may be required in his office, but the total cost for secretaries and clerical force in his office shall not exceed six thousand dollars per annum.
SECTION11.
Paragraph I. The Secretary of State, Con~ptrollerGeneral and Treasurer 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 provisions of the Constitution as to the transmission of the returns of election, counting the votes, declaring the result, deciding when there is no election and when there is a contested election, applicable to the election of Governor, shall apply to the election of Secretary of State, Comptroller General and Treasurer ; they shall be commissioned by the Governor and hold their offices for the same time as the Governor.
Par. 11. The salary of the Treasurer shall not exceed two thousand dollars per annum. The clerical expenses of his Department shall not exceed sixteen hundred dollars per annum.

Par. 111. The salary of the Secretary of State shall not exceed two thousand dollars per annum, and the clerical expenses of his Department shall not exceed one thousand dollars per annum.
Par. IV. The salary of the Comptroller General shall not exceed two thousand dollars per annum. The expenses of his department, including the Insurance Department and Wild Land Clerk, shall not exceed four thousand dollars per annum-and without said clerk it shall not exceed three thousand dollars per annum.
Par. V. The Treasurer shall not be allowed, directly or indirectly, to receive any fee, interest or reward from any person, bank or corporation, for the deposit or use, in any manner, of the public funds ; and the General Assembly shall enforce this provision by suitable penalties.
Par. VI. No person shall be eligible to the office of Secretary of State, Comptroller General, or Treasurer, un: less he shall have been a citizen of the United States for ten years, and shall have resided in thisLState for six years next preceding his election, and shall be twenty-five1years of age when elected. All of said officers shall give bond and security, under regulations to be prescribed:by,law, for the faithful discharge of their duties.
Par. VII. The Secretary of State, the Comptroller General, and the Treasurer, shall not be allowed :any fee, perquisite, or compensation, other than their salaries, as prescribed by law, except their necessary expensescwhen absent from the seat of government on business fur the State.
Paragraph I. The Great Seal of the Statelshall be deposited in the office of the Secretary of State, and shali not be affixed to any instrument of writing except;by:order of the Governor, or General Assembly, and that-now in

30

CONSTITUTION.

use shall be the Great Seal of the State until otherwise provided by law.

ARTICLE VI.

Paragraph I. The judicial powers of this State shall be vested in a Supreme Court, Superior Courts, Courts of Ordinary, Justices of the Peace, commissioned Notaries Public, and such other courts as have been, or may be, established by law.
SECTION11.
Paragraph I. The Supreme Court shall consist of a Chief Justice and two Associate Justices. A majority of the court shall constitute a quorum.
Par. 11. When one or more of the judges are disqualified from deciding any case, by interest or otherwise, the Governor shall designate a judge, or judges, of the uperior Courts to preside in said case.
Par. 111. No judge of any court, shall preside in any case where the validity of any bond-Federal, State, corporation or municipal-is involved, who holds in his own right, or as the representative of others, any material interest in the class of bonds upon which the question to be decided arises.
Par. IV. The Chief Justice and Associate Justices shall hold their offices for six years, and until their successors are qualified. A successor to the incumbent whose term will soonest expire shall be elected by the General Assembly in 1880; a successor. to the incumbent whose term of officeis next in duration shall be elected by the General Assembly in 1882 ; and a successor to the third incumbent shall be elected by the General Assembly in 1884;bu appointments to-fill vacancies shall only be for the unex-

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31

pired term, or until such vacancies are filled by elections, agreeably to the mode pointed out by this Constitution.
Par. V. The Supreme Court shall have no original jurisdiction, but shall be a Court alone for the trial and correction of errors from the Superior Courts, and from the City Courts of Atlanta and Savannah, and such other like Courts as may be hereafter established in other cities ; and shall sit at the seat of government, at such times, in each year, as shall be prescribed by law, for the trial and determination of writs of error from said Superior and City C~urts.
Par. VI. The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought ; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case-unless prevented by Providential cause-it shall be stricken from the docket, and the judgment below shall stand affirmed.
Par. VII. In any case the Court may, in its discretion, witfthpld its judgment until the next term after the same is argued.

Palagraph I. There shall be a Judge of the Superior Courts for each Judicial Circuit, whose tern1 of office shall be four years, and until his successor is qualified. H e may act in other circuits when authorized by law.
Par. 11. The successors to the present incumbents shall be elected by the General Assembly as foIlows: To the half (as near as may be) whose[commissions are the oldest, in the year 1878; and to the others in the year 1880. All subsequent elections shall: be at the session of the General Assembly next preceding the expiration of the terms of incumbents, except elections to fill vacancies. The day of election may be fixediby the General Assembly.
Par. 3. The terms of the judges to be elected under the

Constitution (except to fill vacancies) shall begin on the first day of ~ a n u a r ~af;ter their elections. But, if the time for the meeting of the General Assembly shall be changed, the General Assembly may change the time when the terms of judges thereafter elected shall begin.
SECTIOINV.
Paragraph I. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinefient it the penitentiary ; in casesmrespecting titles to land, and equity cases.
Par. 11. The General Assembly may confer upon theCourts of Common Law, all the powers heretofore exer. cised by Courts of Equity in this State.
Par. 111. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided.
Par. IV. They shall have appellate jurisdictidn in ail such cases as may be provided by law.
Par, V. They shall have power to correct erro*-;in inferior judicatories, by writ of certiorari, whic.h shall o ~ l y issue on the sanction of the Judge ; and said courts, and the Judges thereof, shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying +heirpowers fully into effect, and shall have such othr powers as are, or may be, conferred on them by law.
Par. VI. The G~r.cr,r,Assembly may provide for an appeal from one ,ury, in the Superior and City Courts to another, and the said courts may grant new trials on leg4 grounds.
Par. VII. The court shall render judgment without the verdict of a jury, in all civil cases founded on unconditional contracts in writing, where an issuable defense is not filed under oath or affirmation.

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33

Par. VIII. The Superior Courts:shall sit in each county not less than twice in each year, a t such times as have been, or may be, appointed b y law.

Par. IX. The General Assembly may provide by law for :he appointment of some proper person to preside in cases xhere the presiding Judge is, from any cause, disqualified

Paragraph I. 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.
SECTIOVNI.
Paragraph I. The powers of a Court of Ordinary, and of Yrobate, shall be vested in an Ordinary for each county,
:ram whose decision there may be an appeal (or, by con-
sent of parties, without a decision) to the Superior Court, irnder regulations prescribed by law.
Par. 11. The Courts of Ordinary shall have such powers ::I relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters, as may be conferred on them by law.
Paragraph IV. The Ordinary shall hold his office for the term of four years, and:until his successor is elected and qualified.
Paragraph I. 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 four years.
Par. 11. Justices of the Peace shall have jurisdiction in all civil cases, arising ex cont~actu,and in cases of injuries
I

34

CONSTITUTION.

or damages to personal property when the principal sum does not exceed one hundred dollars, and sl~alslit monthly, at fixed times, and places ; but in all cases there may be an appeal to a jury in said Court, o r an appeal to the Superior Court, under such regulations as may be prescribed by law.
Par. 111. Justices of the Peace shall be elected by the legal voters in their respective districts, and shall be com~lissionedby the Governor. They shall be removable on conviction for malpractice in office.

SECTIOVNI I I .

Paragraph I. Commissioned 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 counties. They shall be commissioned by the Governor for the term of four years, and shall be e x - o m # Justices of the Peace, and shall be removable on conviction for malpractice in office.

SECTIOINX.

Paragraph I. The jurisdiction, powers, proceedings 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 andzeffect of the process, judgment and decree, by such courts, several!^, shall be uniform. This uniformity must be established b y the General Assembly.

Paraglaph I. There shall be an Attorney General of this State, who shall be elected by the people atlrhe same time, for the same term and in the same manner as the Governor.
Far. 11. I t shall be the duty of the Attorney General

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35

to act as the legal adviser of the Executive Depart~~ient, to represent 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 as shall be required of him by law.
SECTIOXNI.

Paragraph I. There shall be a Solicitor General for each judicial circuit, whose official term, except when commissioned to fill an unexpired term, shall be four years.
Par. 11. I t shall be the duty of the Solicitor General to represent the State in all cases in the Superior Courts of his circuit, and in all cases taken up from his circuit to the Supreme Court; and to perform such other services as shall be required of him by law.
SECTIOXXII.

Paragraph I. The Judges of the Supreme and Superior Courts, and Solicitors General, shall be elected by the General Assembly, in joint session, on such day, or days, as shall be fixed by joint resolution of both Houses. A t $.he session of the General Assembly which is held next before the expiration of the terms of the present incumbents, as provided in this Constitution, their successors shall be chosen ; and the same shall apply to the election of those who shall succeed them. Vacancies occasioned by death, resignation or other cause, shall be filled by appointment of the Governor, until the General Assembly shall convene, when an election shall be held to fill the unexpired portion of the vacant terms,

SECTIOXNIII.

Paragraph I. The Judges of the Supreme Court shall have, out of the treasury of the State, salaries not to exceed three thousand dollars per annun ; the Judges of the Superior Courts shall hsve salaries not to exceed two

36

CONSTITUTION.

thousand dollars per annum; the Attorney General shall have a salary not to exceed two thousand dollars per annum ; and the Solicitors General shall each have salaries not to exceed two hundred and fifty dollars per annum ; but the Attorney General shall not have any fee or perquisite in any cases arising after the adoption of this Constitution ; but the provisions of this section shall not affect the salaries of those now in office.
Par. 11. The General Assembly may, at any time, by a two-thirds vote of each branch, prescribe other and different salaries for any, or all, of the above officers, but no such change shall affect the officers then in commission.

SECTIOXNIV.

Paragraph I. No person shall be Judge of the Supreme or Superior Courts, or Attorney General, u'nless, at the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years ;and:no person shall be hereafter elected Solicitor General, 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.

SECTIOXNV.

Paragraph I. No total divorce shall be granted, except on the concurrent verdicts of two juries, at different terms of the Court.
Par. 11. When a divorce is granted, the jury rendering the final verdict shall determine the rights and disabilities o f - t h eparties.
SECTION XVI.

Paragraph I. Divorce cases shall be brought in the county where the defendant resides, if a resident of this

CONSTITUTION.

3 7

State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides,
Par. 11. 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.
Par. 111. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Par. IV. Suits against joint obligors, joint promissors, copartners, or joint trespasers, residing in different counties, may be tried in either county.
Par. V. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Par. VI. All other civil cases shall be tried in the county where the defendant resides, and all criminal 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 impartial jury cannot be obtained ira such county.
SECTIONX V I I .

Paragraph I. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts, to be exercised in such manner as has been, or shall be, provided by law.

SECTIOXNVIII.

Paragraph I. The right of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any aumber, not less than five, to constitute a trial or traverse jury in courts other than the Superior and City Courts.

38

CONSTITUTION.

Par. 11. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and irrtelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors.
Par. 111. It shall be the duty of the General Assembly, by general laws, to prescribe the manner of fixing compensation of jurors in all counties in this State.

SECTIONXIX.

Paragraph I. The General Assembly shall have power ro provide for the creation of County Commissioners in such counties as may require them, and to define their duties.
SECTIONXX.
Paragraph I. All courts not specially mentioned by name in the first section of this article, may be abolished in any county, at the discretion of the General Assembly.
SECTIOXNXI.
Paragraph I. The costs in the Supreme Court shall not exceed ten dollars, until otherwise provided b y law. PlaintiEs in error shall not be required to pay costs in said court when the usual pauper oath is filed in the Court below.

ARTICLE VII.

Paragraph 1. The powers of taxation over the whole State shall be exercised by the General Assembly for the foiloiving purposes only :
For the support of the State government and the public institutions ;

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39

For educational purposes, in instructing children in the elementary branches of an English education only ;
T o pay the interest on the public debt; T o pay the principal of the public debt; T o suppress insurrection, to repel invasion, and defenl the State in time of war; T o supply the soldiers who lost a limb, or limbs, in the military service of the Confederate States, with substantial artificial limbs during life.

Paragraph I. All taxation shall be uniform upon the same class of subjects, and ad valore~nbn all property subect to be taxed, within the territoriallimits of the authority levying the tax, and shall be levied and collected under general laws. The General Assembly may, however, impose a tax upon such domestic animals as, from their nature and habits, are destructive'ot other property.
Par. 11. The General Assembly may. by law, exempt from taxation all public property, places of religious worship or burial ; all institutions of purely public charity ; ali buildings erected for and used as a college, incorporated &ademy, or other seminary of learning ; the real and personal estate of anjr public library, and that of any othei literary association, used by or connected with such library,; aH books and philosophical apparatus ; and all paintings and statuary of any company or association, kept in a public hall, and not held as merchandize, or for purposes of sale or gain : ProW&YZ"the property so exempied- be not used for pllrposes of private or corporate profit or income.
Par. 111. No poll tax shaII be levied except for educational purposes, and such tax shall not exceed one dollar, annually, upon each poll.
Par. IV. All laws exempting property from taxation ~ t h e trhan the property herein enumerated, shall be void.
Par. V. The power to tax corporations and corporateprop-

40

CONSTITUTION.

erty, shall not be surrendered or suspended by any coeatract or grant to which the State shalllbe a party.

Paragraph I. No debt shall be contracted by, or on bshalf of the State, except to supply casual deficiencies of revenue, to repel invasion, suppress insurrection and defend the State in time of war, or to pay the existing pzblic debt; but the debt created to supply deficiences in revenue shall not exceed, in the aggregate, two hundred. thousand dollars.
SECTIONIV.
Paragraph I. All laws authorizing the borrowing of tlloney by, or on behalf of, the State, shall specify the purposes for which the money is to be used, and the money so obtained shall be used for the purpose specified, and for no other
SECTIONV.
Paragraph I. The credit of the State shall not be pledged or loaned to any individual, company, corporatio~ er association, and the State shall not become a joint owner 9r stockholder in any company, association, OT corpolation.
SECTIONVI.
Paragraph I. The General Assembly shall not authorize any county, municipal corporation, or political division of this State, to become a stockholder in any company, corporation, or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution, or individual, except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within thei:. respective limits : Provided, that if any municipal corpora-

tion shall offer to the State any property for locating or building a capitol, and the State accepts such offer, the corporation may comply with such offer.

Par. 11. The General Assembly shall not have power

to delegate to any county the right to levy a tax for any

purpose, except for educational purposes in instructing

children in the elementary branches of an English educa-

tion only; to build and repair the public buildings and

bridges ; to maintain and support prisoners ; to pay jurors

and coroners, and for litigation, quarantine, roads and ex-

penses of courts ; to support paupers and pay debts here-

tofore existing.

SECTIONVII.

Paragraph I. The debt hereafter incurred by any county, municipal corporation, or political division, of this State, except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality, or division, shall incur any new debt, except for a temporary loan or loans,to supply casual deficiencies of revenue, not to exceeb ne-fifth of one per centum of the assessed value of taxable property therein, without the assent of two-thirds of the qualified voters thereof, a t an election for that purpose, to be held as may be prescribed by law ; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt, three per centum upon such assessed valuation.

Par. 11. Any county, municipal corporation, or politi-cal division of this State, which shall incur any bonded indebtedness under the provisions of this Constitution, shall$ at or before the time of so doing, provide for the assessment and collection of an annual tax, sufficient in amount t o pay the principal and interest of said debt within thirty

years from the date of the incurring of said indebtedness.
SECTIOVNI I I .
Paragraph I. The State shall not assume the debt, not any part thereof, of any county, municipal corporation, or political division of the State, unless such debt shall be contracted to enable the State t o repel invasion, suppress insurrection, or defend itself in time of war.
SECTIOINX.
Paragraph I. The receiving directly or indirectly, by any officer of the State or county, or member or officer of the General Assembly, of any interest, profits, or perquisites, arising from the use or loan of public funds in his hands, o r moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable a s may be prescribed by law, a part of which punishmerit shall be a disqualification from holding office.
Paragraph I. Municipal corporations shall not incur any debt until provision therefor shall have been made by the municipal government.
SECTIONXI.
Paragraph I. The General Assembly shall have no axthority to appropriate money, either directly or indirectly. to pay the whole, or any part, of the principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void, by the General Assembly, and the constitutional amendments ratified by a vote of the people on the first day of May, 1577 ; nor shall the Gemera1 -\ssembly have authority to pay any of the obligations created by the State under laws passed during the late war between the States, nor any of the bonds, notes, or

CONSTITUTION.

43

a~bligationsmade and entered into during the existence OF said war, the time for the payment of which was fixed after the ratification of a treaty cf peace between the Uni-ted States and the Confederate States; nor shall the General Assembly pass any law, or the Governor, or other State official, enter into any contract, or agreement, hereby the State shall be made a party to any suit in any court of this State, or of the United States, instituted to sest the validity of any such bonds or obligations.

SECTIOXNI I .

Paragraph I. The bonded debt of the State shall never e increased, except to repel invasion, suppress insurrection, or defend the State in time of war.

SECTIONX I I I .

Paragraph I. The proceeds of the sale of the Western and Atlantic, Macon and Brunswick, or other railroads, held by the State, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole, or any part thereof, shall be applied to the payment of the bonded debt of the State, and shall not >e used for any other purpose whatever, so long as the State has any existing bonded debt; provided, that the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds for which said railroad has been mortgaged, in preference to all other 3onds.

SECTIOXNIV.

Paragraph I. The General Assembly shall raise, by taxation, each year, in addition to the s u m required to pay %e public expenses and interest on the public debt, the sum of one hundred thousand dollars, which shall be held 3s a sinking fund, to pay off and retire the bonds of the

4 4

CONSTITUTION.

State which have not yet matured, and shall be appliee to noI other purpose whatever. If the bonds cannot at a n y time be purchased at or below par, then the sinking fun6 herein provided for may be loaned by the Governor and Treasurer of the State ; provided, the security which shal; be demanded for said loan shall consist only of the valie bonds of the State ; but this section shall not take effect until the eight per cent. currency bonds, issued under the A c t of February the lDth, 1873, shall have been paid.

SECTIOXNV.

Paragraph I. The Comptroller General and Treasurer shall each make t o the Governor a quarterly report of t h ~ financial condition of the State, which report shall include a statement of the assets, liabilities and income of the State,and expenditures therefor, for the three months preceding ;and it shall be the duty of the Governor to carefulla examine the same by himself, or through competent persons connected with his department, and cause an abstroct thereof t o be published for the information of the people which abstract shall be endorsed by him as having beesi
examined.

SECTIOXXVI.

Paragraph I. T h e General Assembly shall not, by vote
reselution, or order, grant any donation,or gratuity, in far01 of any person, corporation, or association.
Par. 11. T h e General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor, after the service has been rendered, or the contract entered into.
',SECTIOXNVII.

Paragraph I. T h e office of the State Printer shall cease with the expiration of the term of the present incumben~t

CONSTITUTION.

45

;:ld the General Assembly shall provide, by law, for letting ihe public printing to the lowest responsible bidder, or bidders, who shall give adequate and satisfactory security for the faithful performance thereof, No member of the General Assembly, or other public officer, shall be interested, either directly or indirectly, in any such contract.

ARTICLE VIII.

Paragraph I. There shall be a thorough system of common schools for the education of children in the elementary branches of an English education only, as nearly unik r m as practicable, the expenses of which shall be provided Sor by taxation, or otherwise. The schools shall be free to all children of the State, but separate schools shall be provided for the white and colored races.
Paragraph I. There shall be a State School Commissioner, appointed by the Governor, and confirmed by the Senate, whose term of office shall be two years, and until his successor is appointed and qualified. His office shall be at the seat of government, and he shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Commissioner such officer, or officers, as may be deemed necessary to perfect the system of public education.
Paragraph I. The poll tax, any educational fund now belonging to the State (except the endowment of, and debt due to, the University of Georgia), a special tax on shows

4 6

CONSTITUTION.

and exhibitions, and on the sale of spirituous and malt liquors-which the General Assembly is hereby authorized to assess-and the proceeds of any commutation tax for military service, and all taxes that may be assessed on such domestic animals as, from their nature and habits, are destructive to other property, are hereby set apart and devoted to the support of common schools.

SECTIONIV.

Paragraph I. Authority may be granted to counties, upon the recommendation of two grand juries, and to municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits, by local taxation ; but no such local laws shall take effect until the same shall have been submitted to a vote of the qualified voters in each county or municipal corporation, and approved by a two-thirdsvote of persons qualified to vote a t such election; and the General Assembly may prescribe who shall vote on such question.

Paragraph I. Existing local school systems shall not b e affected by this Constitution. Nothing contained ic s e c t i o ~ first of this article shall be construed to deprive schools in this State, not common schools, from participation in the educational fund of the State, as to all pupils therein taught in the elementary branches of an English education.

Paragraph I. The trustees of the University of Georgia may accept bequests, donations and grants of land, or other property, for the use of said University. I n additior, t o the payment of the annual interest on the debt due by the State to the University, the General Assembly may, frox

CONSTITUTION.

47

time to time, make such donations thereto as the condition sf the Treasury will authorize. And the General Assembly may also, from time to time, make such appropriations of money as the condition of the Treasury will authorize t o any College or University (not exceeding one in number) now established, or hereafter t o be established, in this State for the education of persons of color.

AKTlCLE IX.

Paragraph I. There shall be exempt from levy and sale, by virtue of any process whatever, under the laws of this State, except as hereinafter excepted, of the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteea hundred dollars.
Faragraph I. No court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, execution, or decree, against the property set apart for such purpose, including such improvements as may be made thereon, from time to time, except for taxes, for the purchaseEmoney of the same, for labor done there on, for material furnished therefor, or for the removal oj encumbrances thereon.
Paragraph I. T h e debtor shall have polver to \vai\-e GY

48

CONSTITUTION.

renounce in writing his right to the benefit of the exemption provided for in this article, except as toiwearing apparel, and not exceeding three hundred dollars worth of household and kitchen furniture, and provisions, to be selected by himself and his wife, if any, and he shall not, after it is set apart, alienate or encumber the property so exempted, but it may be sold by the debtor, and his wife, if any, jointly, with i+e sanction of the Judge of the Superior Court of the county, where the debtor resides or the land is situated, the proceeds to be reinvested upon the same uses.

Paragraph I. The General Assembly shall provide, by law: as early as practicable, for the setting apart and valuation of finid property. But nothing in this article shall he construed to affect or repeal the esisting laws for exemption of property froill sale, contained in the present Code of this State in paragraphs 2040 to 2049 inclusive, and the acts arnenclatory thereto. I t may be optional with tlie applicant to take either, but not both, of such esemptions.

Paragraph I. The debtor shall have n~zthorityto waive or renounce in writing his right to the benefit of the exemption provided for in section four, except as is excepted in sectioli three of this article.

Paragraph 1. The applicant slidl, at any time, have the right to supplement his exemption by adding to an amount already set apart which is less than the whole amount of exemption herein allowed, a snfficiency to make his esemption eqnal to the whole amount.

SECTTOVNII.
Paragraph I. Homesteads and exemptions of personal property which have been ltemttofore set apart by virtue of the provisioiis of tlle existing Constitution of this State, and in accordal~cewith the laws for the enforcement thereof, or wliicli rnay be hereaft,er so set apart, at any time, shall be and remain valid as against all debt5;lpd liabilities e x i s t ~ g at the time of tTle adoption of this Canstitution, to the same extent that they would have been had said existing Constitution not been revised.
SECTIONVIII.
Paragraph I. Rights which have become vested under previously existing laws shall not be affected by anything herein contained. In all cases in which homesteads have been set apart under the Constitution of 1868, and the laws rnade in pursuance thereof, and a b m a m s a i l e of such property has been subsequently made,, and the full purchase price thereof has been paid, all right of exemption in such property by reason of its having been so set apart, shall ceaee in so far as it affects the right of the purchaser. In all such cases wl~erea part only of the purchase price has been paid, such transactiqn shall be governed by the laws now o f force in this State, in so far as they affect the rights of the purchaser, ss tl~ougllsaid property had not been set apart.
SECTION IX.
Paragraph I. Parties who have taken a homestead of realty under the Constitution of eighteen hundred and eixty-eight, shall have the right to sell said I-Iomestead and reillvest the same, by order of tlie judge of the Superior Courts of this State.

ARTICLE X.
MIL~IA.
Paragraph I. A well regulated militia being essential to
the"i7ace and se&rity of the State, the General Assembly , > Is,h,all 'hive autllority to provide by law how the militia of
'thib fithie sllall be organized, officered, trained, armed and
equipped ; and of whom it shall consist. Par. 11. The General Assembly shall have power to an-
thorize the formation of volunteer cornyanies, and to yro!.R& for their organization into battalions, regiments, brig.a8&fl&yisions and corps, with such restrictions as rriay be , presoribed by law, and shall have authority to arm and equip the =me. A
8 ParJtXIZ,,The officers and men of the militia and vulu~lM r f~rces,shalnl ot be entitled to receive any pay, ratio~is, ox crnoluments, when not ill active service by autllority of the State.
ARTICLE XI.
Paragrapll I. Each county shall be a bod7 corlmratc, with such powers and limitations as may be prescribed by law. All suits by, or against, a county, shall be in tlic. name tlfereof ; and the metes and bourtds of the several countie* shall remain as now prescribed by law, unless d~angved as hereinafter provided.
Par. 11. No new county shall be created. par. 111, Uounty lines shall not be changpd, lllllcs~unc1e.r tlle oper;ttion of a genrral law for that purpose. 1';u.. IV. N o count? site sh:tll be c l ~ a ~ ~ogrrrdelllovc~le, x-

cept by a two-third8 yotp of Q.e ~ualifiedvotem, o f ,,&e county, voting at an electipn he@ f o t~hat,,gurpose,,anda two-thirds vote of the General Afiseqbly.
Par. V. Any county may be dissolfre$ and ~ e r g e dwith contignous counties, by a two-thirds vate ,pf the qpalified electorb of such county, voting at an electiol~held fsr that pu-pose.
Paragri~phI. The county officers shall be elected by the cyualified voters of their respective counties, or districts, aria sllitll hold their offlces for two years. They shall' be r& moved on convictior~for malpractice'in office, and no perno$$ sllall be eligible to any of the offices referred to in this par:~:;rraphn, riless he shall have been a resident of thk county for two years, and is a qualified voter.
Palzgraph T. Whatever tribunal, or officers, may hereafter be created hy the General Assembly for the trallsaction ofd conrlty nlatters, shall be uniform throughout the State, and, of the sanie ilaule, jllrisdictioll and remedies, except that the (;e~reral Assembly nlay provide for the appointpent of Corrltriissioners of roads and revenue in any county.
ARTICLE XII.
TJTKLAWSOF GENERALO~'ERATIOINNF O R ~INETEts ~TA'FE
Paragraph I. The laws of general operation in this are, first, as tlle suprenie law : the Constitutjor llni ted States, the I ~ T VofS the United States i r the~.eofa, wl all treaties made under the a1 United Sta,tes;
Par. 11. Second. As next in authn-' ~ t i t n t i o n;

Pas. 111. Third. In suboklination to the foregoing : A11
laws now of force in this State, not inconsistent with this Constitution, and the' ordinances of this Convention, shall remain of force until the bame are modified or repealed by the General Assembly. The tax acts and appropriation acts p-d by the General Assembly of 1877, and approved by the Governor of the State, and not inconsistcnt with the hnstitution, are hereby continued in force until altered by law.
Par. IV. Local and private acts passed for the benefit of
counties, cities, towns, corporations, and private persons not inconsistent with the supreme law, nor with this Conutitution, and which have not expired nor been repealed, shall have the force of statute law, subject to judicial decision as to their validity when passed and to any liniitations imposed by their own terms.
Par V. All rights, privileges and immunities which r ~ ~ a y
have vested in, or accrued to, any person or persorts, or (,or goration, in his, her, or their own right, or in any fidnciarg capacity, under, and in virtue of, any act of the General Assembly, or any judgment, decree, or order, or otl~erproceeding of any court of competent jurisdiction, in this Statc,
heretofore rendered, shall be held inviolate by all coi~rtshefore which they may be brought in question, unlek; attacl~cd for fraud.
Par. VI. A11 judgments, decrees, orders, and other prod i n g s , of the several courts of this Statc, lierctoforc~ made, within the limits of their several jnrisdictions, arc: hereby ratified and affirmed, snhject only to reversal hy motion for a new trial, appeal, bill of review, or other pro ceding, in conforniity with the law of force when tltc'y were made.
Par, VII. The officers of the government now existing ahall continue in the exercise of their several fmlctions 1111ti1 their successors are dnly elected, or appointed and qnaliBed ; but nothing herein is to apply to any officer, whose office may be abolished by this Constitution.

Par. VIII. The ordinances of this Convention sElall havc
the force of laws until otherwise provided by the General Assembly, except the ordinances in reference to s ~ t b ~ n i t t i ~ i g the 1loil;cstead and capital qtlestiorl to a vote of tlle people, ~vlliehorclinances. after being voted on, shall have the cffccl of Coiistitntioilal provisions.
ARTICLE XIII.
I':~~iipfir]~I.h Ally a~llcrldmeill,or ainendnlents to this ('onstitntion lllay he proposed in the Senate or IIouse of v~bcpresent;rtivesa, nd if tllc sanw sh:lxll be agrccd to l)y two-
ti~irtlsof tllc iricirrhers elected to each of the two llonses, si~cll11rol)osccInilicndment or a~~lcndll~eisilrtasll he c~ltc~ecl o~rt!>eir jonrnals, wit11 tlre yeas and n:tys t:rken tllel-cwl~. ,\lit1 tllc (;cncrol Asselllhly shall c.:inse s11cl1 aii1erlt1111e:rot r , ! I I I C ~ I ( ~ I I I Cto~ I1~~~ Spnblisllecl in ollc or nlorc ilcwsl)aj)ms i~I z x : ( d l 1 ('o~lgression-11llistrict, for tn-o ~~lont!,psrevions to t l ~ c t ,~i!c. of holtliiy tlrc next ge~lcr;rlelectioii, a i d sllall :11io provitle for n snbmissjon of such pro1)obed a~rlt>~:cl~loler~rt :I11 ~c~lt-l~~tteouttsli,e pcopl? at said next gc:ileral eleetio~~, tl ,111 i f tlie people sllall ratify snch a~rlciltllne~o~r tn~ricucllllf'lltb,1)y ;1 i~i;ljo~-i0t1y' tllc elc(>torstp~alifi~ctoi VOI c for l~~c~irll>ocf~ltl.lse Gcricr:~l A~sei~lblyv,oting thercorl, bucall : I I ~ I ~ > I ~or( ~: ~I V~ ~I i~e,i Ir ~ l~~stl~:eil~l 1l)t~se, oiil:It~ 1):~-t01' tIti~3 C'o~rhtilutio~l. Wllen illore t21:~norlc arl~erldll~eiilst sltl)urit Iotl at t l ~ ci;:irtle ti~net,hey sh:rll 1)e so s~tl)~llittc:IdSto ell,11)lctiic elector. t o \ ote on cavil arnoutliueilt sepamtely.
l':lr. TT. No C:oliventiori of the 1)eople sllnll be oirlled by tlLc>(:c.ilcr:r? hhac~ni)l,tyo revise, amcr~do, r c.lli~r~gtle~ib'(~or~ btitn: ion, 11111css1)y the concllrrence nf two-thirds of all the rlrc~r~il,:~orrf; eacdl~~ I O I I P C of the C4t~11er:A~lssetrrl)ly. 'Tile ro1)re~~~ltatiilol 1slaid Convention shall he based on 1)opillation as near iks practicable.

54

CONSTITUTION.

Paragraph I. The Constitutiolr hllall I)u snl)irlittc(l fol

ratification or rejection to tllc eleca'iorh of the State,

at all clectiorl to 1)e lleltl on the firht Wctlrrebtlay ;IL 1)eecnl-

her, one thousarld eight Ilnnlc!red ant1 seve~lty-,etrorl,in thc

several electiou districts of

Hl,~tc.,;rt ~vllicllelection

every person shall 1)c erltitlutl to votc2 wlio is c~ltitlctito

vote for the niernl,ers of the (+eltul.i~IA,+wuhly ulldor the

Constitution and l a t ~ sof force : ~ the c!:ric, of such elcctiot~;

said electiorl to l ~ lcloltl ancl concii~~.r~nsc?is iiom provided

by law for l~oitliligclcctio~wfor ine~u!)ert.of the Ge~ict.:l1As-

sembly. All ycrsorls i~otirlg:tt b,ri:; eicc.iioti ill f:wor of

ado-pting the Constit~ition.s11:~11rr-rite or il,r~-e1)rintecl olr

their ballots the worcls " E i , 7 1 IZutfjic( , + ; o ~;r":IIVI :ill pcrso~lh

opposed to the adoption of tl;is Coilc+itntion s11:111 write or

have printed on t!lcil. I,allots the \vordh "A ! i ( ~ i ?J)L~)at@ca-

Li09b."
Pal-. 11. The votes cast at saitl electiorr sllall bo cousoli&ted iri each of the to~arltiesof this St:itc ;IS is iromr recluirecl hy law in elections f o ~~\le-rii)crsof { I - r (~+enera1Assembly, and rctur17s therco!' 1 ~ : i d eto il,,: (:ove~nor ; and shoulcl a ~uajorityof all 411e votes vast :4+ - id elcctioli be in Savor of ratification, he sllall declare the <;+icl Constitution adopted, and make proel:l~i~ationof the rcsc!t of said election l-)ypublication in o r ~ cor !*tort I I U I Z S ~ : L ~ Ci~nS each Congressional District of the: Stotc, but should a ntajority of tlle votes cast be against ratific;ltion. Ilc &'all irl ~ i e~a~erlcI ~ I ; I I ~ ner proclaim the said Constitution rcjec:tecl..

[In compliance with R rrsolutio~i of the C'q~~vclrtio1h~el oof sheets of this Constitutiorr were ~~arei"t11rl-cyv i s ~ tal ild correctetl by Hon. N J. Hammond, for the J'ul~licPdnter. 'rllii ia., therefore, 2% correct copy of the instramen: :LSadopted l17tlre Convenlior~.JASP. . HARRISOPNu,lr~licPrintc p.1

AN ORDINANCE.
Be it ordai~zedb j tht!people of Georgia in Convention assem bled :
1st. That the question of the location of the Capit 1 of this State be kept out of the constitution to be adopted by the Convention.
2nd. That a t the first general election hereafter held for members of the General Assembly every voter may endorse on his ballot ' Atlanta" or "Milledgeville," and the one of these places receiving the largest number of votes shall be the Capital of the State until changed by the same authority and in the same way that may be provided for the alteration of the Constitution that may be adopted by the Convention, whether said Constitution be ratified or rejected. And that every person entitled to vote for members of the General Assembly, under the present Constitution and laws of this State, shall be entitled to vote under this ordinance ; and, in the event of the rejection of said Constitution, shall (should) a majcrity of votes cast be in favor of Milledgeville. then this provision to operate and take e&ct as an amendment to the present Constitutio~~.
AN ORDINANCE.
Be it orahined by the.peojle of Geo~giai,n Convention assembled, and it 7s hereby ordai~zedby authority o f the same :
1st. That the article adopted by this Convention on the subject of horuestead and exemptions shall not form a part of this Constitution, except as hereinafter provided.
2nd. At the election held for the ratification or rejection

56

ORDINANCES.

of this Constitution, it shall be lawful for each voter to have
written or printed on his ballot the words " Homestead of 1877," or the words " Homestead of 1868."

3d. In the event that a majority of the ballots so cast
have endorsed upon them the words, " HOMESTEAODF

1877," then said article, so adopted by this Convention.

shall form a part of the constitution submitted, if the same

is iitified; but in the event that said Constitution, so sub-

mitted, shall not be ratified, then the article on homestead

and exemptions so adopted as aforesaid by this Convention,

shall supersede article seventh of the Constitution of 1868

on the subject of homestead and exemptions. and form a

part of this Constitution.

4th. If a majority of the ballots so cast as aforesaid shall

have endorsed upon them the words, " HOMESTEAODF

1868," then article seventh of the Constitution of 1868

shall supersede the article on homestead and exemptions

adopted by this Convention, and shall be incorporated in

and form (a part) of the Constitution so submitted and rati-

fied.

Read and adopted in Convention, August 22, 1877.

Attest :

C. J.JENKINS,

Pyesident Constitutio?zaZ Con7tevztion.

JAMFLCSOOPEKNISBET,Secretary.

WHEREASa, committee has been appointed by this Convention to consider and inquire into the ways and means by which the expenses of this Convention. ovcr and above those provided for by the General Assembly, can be defrayed ; and, whereas, the committee are satisfied that a sufficient sum of money for the same can be procured by an ordinance of this Convention ; therefore,
Be it ordained by t h people of Georgin in Convention
assembled, and it zs hereby ordained by authority 01the salnr :

ORDINANCES.

57

That the President of this Convention shall be, and he is

hereby, empowered, by authority of this Convention, to negotiate a loan of a sufficient sum of money, at seven per

cent. per annunl, to defray the residue of the expenses of this Convention not provided for by the act of the General Assembly calling this Convention.

Read and aiiopted in Convention, August 18, 1877.

Attest :

C. J. JENKINS, President Co?zstitzitzonal Convenfian.

JAMESCOOPERNISBET,Sqefav3/.

AN ORDINANCE.

Be it ovdained by the people of Georgia, in Convention assembled:

1st. That the Constitution as adopted and revised be

enrolled and signed by the officers and members of this Convention.
2d. That the Governor shall issue his proclamation, ordering an election for members of the General Assembly, and a vote upon the ratification or rejection of this Constitution, as therein provided, and a vote upon the Capital and Homestead questions, as provided by the ordinances of this Convention,
Read and adopted in Convention, August %th, 1877.

Attest :

C. J. JENKINS,

Presideui! Constitutional Co7zveutzon.

JAMESCOOPERNISBET, Secretafy.

AN ORDINANCE.

There shall be sixteen Judicial Circuits in this State, and it shall be the duty of the General Assembly to organize and apportion the same in such manner as to equalize the business and labor of the Judges in said several circuits, as far as may be practicable. Hut the General Assembly

d8

ORDINANCES.

shall have power hereafter to re-organize, increase, or

diminish the number of circuits: ProvidPd, however, that

the circuits shall remain as now organized, until changed

by law.

3 Read and adopted in Convention, Augu ' 23d, 1877.

Attest :

C. J. ENKINS,

President Constzcutionhl Conwention,

JAMESCOOPERNISBBT~ t c r e b y .

Jufm P. H A B B I&~ GO., Publishers aud State Printera, Atlurta, Ga.