Constitution of the state of Georgia 1877 as amended through 1943 [1943]

CONSTITUTION
OF THE
STATE OF GEORGIA
AS AMENDEX) THROUGH
WITH
APPENDIX OF AMENDMENTS SUBMITTED; ACT CWAI?NG CONSTITUTION COMMISSION; COMMISSIONTQ REVISE CONSTITUTION; CROSS-REFERENCES; AND EDITORIAL NOTES.

STATEOF GEORGIA
DEPARTMENoTc LIw ATLANTA
November 23, 1943
The Harrison Company 91 Hunter Street S. W. Atlanta 2, Georgia
Gentlemen:
The Commission to revise the Constitution of the State of Georgia created by the Act of the General Assembly approved March 17, 1943 (Georgia Laws 1943, p. 1680-83) has requested the Attorney General of Georgia to prepare a compilation of the Constitution of 1877 as amended through the year 1943.
I am novt engaged in that work and I find that it will be very helpful to the Commission if I can make use of all or a part of the cross references and editorial notes used by the publishers of the Annotated Code of Georgia and Supplement as they appear following the respective paragraphs of the Constitution, as amended. To this end I respectfully request permission of The Harrison Company to use such cross references and editorial notes and if permission is granted, I will make,, appropriate acknowledgment in the pamphlet or whatever form my compilation may be published or printed.

TYIQ Y%SB&~HI S0fldPZ9UN
LAW BOOK PUBLISHERS THE HARRISON COMPANY BLDG 91 H U N T E R S T R E E T S W
November 24, 1943
Mr. T. Grady Head, Attorney General, State of Georgia, Department of Law, Atlanta, Georgia Dear Mr. Head:
It will be perfectly agreeable to us for you to use any part of the cross-references and editorial notes in the Code of Georgia Annotated in your work in connection with the revision of the State Constitution.
Sincerely yours,
Compilers( Note: The foregoing correspondence shows that permission has been obtained from The Harrison Company for use of any part of the cross-references and editorial notes in the Code of Georgia, Annotated. Many of such references and notes have been used in this publication, and we wish to make appropriate acknowledgment of the valuable aid these have been to us in the preparation of this work.

CONSTITUTION
OF THE
STATE OF GEORGIA
OF
1811
AS AMENDED THROUGH 1943
Compiled by: T. GRADY HEAD, Attorney General of Georgia.
Assisted by: MARSHALL L. ALLISON, Assistant Attorney General
of Georgia PAUL H. FIELD, C. B. HOLCOMB
MAUD SAUNDERS
Appendix showing proposals to amend the Constitution prepared by Ella May Thornton, State Librarian.

Preamble.
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God. do ordain and establish this Constitution:
Article I.
Section I.
Chapter 2-1. Rights of the Citizen.
2-101. Paragraph I. Origin and foundation of government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and, at a11 times, amenable to them.
2-102. Paragraph 11. Protection the duty of government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Cross-references.-Jurisdiction of State over persons, see Section 15-202. Rights of a citizen, see Section 79-205. Power of court to frame a remedy where a right is violated, see Section 3-105.
2-103. Paragraph 111. Life, liberty, and property. No person shall be deprived of life, liberty, or property, except by due process of law.
Cross-references.-Property rights of corporators, see Section 22705. Due process clause of Federal Constitution, see Section 1-805.
2-104. Paragraph IV. Right to the wurts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.

2-105. Paragraph V. Benefit of counsel; musation; list of witnesses; compulso~ryprocess; trial by jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and s h d l have a public and speedy trial by an impartial jury.
Cross-references.-Duty of attorneys to defend the oppressed, see Section 9-601, Paragraph 6. Exclusion of public when evidence vulgar, see Section 81-1006. Federal Constitution provisions, see Sections 1-304, 1-806.
2-106. Paragraph VI. Crimination of self not compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.
Cross-references.-Who are competent witnesses, see Section 381603. Privilege of witnesses, see Section 38-1711. Power of public service commissioners over witnesses, see Sections 93-506, 93-507, 93-9901. Federal Constitution, see Section 1-805. Evidence, see Section 38-417.
2-107. Paragraph VII. Banishment m d whipping as punishment for crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
2-108. Paragraph VIII. Jeopardy of life or liberty more than once forbidden. No person s h d l be put in jeopardy of life, or liberty, more than once for t%e same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial.
Cross-references.-What courts may grant new trials, see Section 70-101. Federal Constitution provision, see Section 1-805.
2-109. Paragraph IX. Bail; fines; punishment; arrest; abuse of prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual pun-

ishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Cross-reference.-Federal Constitution provisions as to excessive bail, see Section 1-808.
2-110. Paragraph X. Costs. No person shall be compelled to pay costs except after conviction on final trial.
2-111. Paragraph XI. Habeas corpus. The writ of Habeas Corpus shall not be suspended.
Cross-reference.-See Title 50, Habeas Corpus.
2-112. Paragraph XII. Freedom of conscience. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.
Cross-References.-Effect of religious beliefs of witnesses, see Section 38-1602. Bible reading in public schools, see Section 32-705. Federal Constitution provision, see Section 1-801.
2-113. Paragraph XIII. Religious opinions; liberty of conscience. 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 of licentiousness, or justify practices inconsistent with the peace and safety of the State.
Cross-references.-What is irreligious, see Section 108-205. No exclusion from State University because of religious beliefs, see Section 32-122. Rights of conscience, freedom of speech, right of peaceable assembly, etc., see Section 1-801.
2-114. Paragraph XIV. Appropriations tlo churches, sects, etc., forbidden. 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.
Cross-reference.-Donations by General Assembly forbidden, see Section 2-6401.
2-115. Paragraph XV. Liberty of speech or of the press guwanteed. No 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 subjects, being responsible for the abuse of that liberty.
Cross-references.-Truth as defense to libel, see Section 105-708. Privileged communications, see Section 105-709. Federal Constitution provisions, see Section 1-801.
2-116. Paragraph XVI. Searches, seizures, and warrants. The right of the people to be secure in their per-
sons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized.
Cross-references.-See also, Title 27, Criminal Procedure, Chapter 27-3. Power of court to compel production of papers, see Section 38801. Federal Constitution provisions, see Section 1-804.
2-117. Paragraph XVII. Slavery and involuntary servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.
Cross-reference.-Federal Constitution provisions, see Section 1-813.
2-118. Paragraph XVIII. Status of the citizen. The social status of the citizen shall never be the subject of legislation.
Cross-reference.-Rights of a citizen, see Section 79-205.
2-119. Paragraph XIX. Civil authority superior to military. The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered i n any house, without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law.
2-120. Paragraph XX. Contempts. The power of the Courts to punish for contempt, shall be limited by legislative acts.

Cross-references.-Power of court to punish for contempt, see Section 24-105. Penalty that Supreme Court may impose, see Section 24-3901, Paragraph 6.
2-121. Paragraph XXI. Imprisonment for debt. There shall be no imprisonment for debt.
2-122. Paragraph XSII. Arms, right to keep and bear. The right of the people to keep and bear arms,
shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Cross-references.-Rights of a citizen, see Section 79-205. Federal Constitution provision, see Section 1-802.
2-123. Paragraph XXIII. Legislative, judicial, and executive powers, separate. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, a t the same time, exercise the functions of either of the others, except as herein provided.
2-124. Paragraph XXIIT. Right to assemble and petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.
Cross-reference.-Federal Constitution provision, see Section 1-801.
2-125. Paragraph XXV. Citizens, protection of. All
citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such lams as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.
Cross-references.-Who are citizens, see Section 79-201. Rights of citizens in general, see Section 79-205. Rights of citizens of the United States, see Section 79-301. Federal Constitution provisions, see Sections 1-402, 1-816.

Section 11.
Chapter 2-2. Certain Offenses Defined.
2-201. Paragraph I. Libel; jury in criminal cases; new trials. I n all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all crimina,l cases, shall be the judges of the law and the facts,. The power of the Judges to grant new trials in case of conviction, is preserved.
Cross-references.-Truth as complete defense, see Section 105-708. Truth given in evidence, see Section 26-2103. New trial, see Title 70, New Trial.
2-202. Paragraph 11. Treason. Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.
Cross-references.-Treason against United States, see Section 1-305. Treason generally, see Title 26, Crimes and Punishment, Chapter 26-8.
2-203. Paragraph 111. Conviction, effect of. No conviction shall work corruption of blood, or forfeiture of estate.
Cross-references.-Forfeiture for crime abolished, see Section 851109. Federal Constitution provision, see Section 1-306.
2-204. Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.
2-205. Paragraph V. Lobbying;penalties. Lobbying
is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.
Cross-references.-Contracts to corrupt legislation, see Section 20-504. Definition and punishment of lobbying, see Title 47, General Assembly, Chapter 47-10.
2-206. Paragraph VI. Fraud; concealment of property. The General Assembly shall have the power to
provide for the punishment of fraud; and, shall provide

by law, for reaching property of the debtor concealed from the creditor.
Cross-references.-Acts of debtors that are void a s to creditors, see Section 28-201. Annexation of affidavit to assignment for creditors, see Section 28-307. Powers of courts to punish for contempt, see Section 24-105.
Section 111.
Chapter 2-3. Protection to Person and Property.
2-301. Paragraph I. Private ways; just compensation. In cases of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid.
Cross-references.-Federal Constitution provision, see Section 1-805. Definition of eminent domain, see Section 36-101. Private ways, see Section 85-1401. Tender of compensation by corporations or persons condemning property, see Section 36-302. Grant of private ways by ordinaries, see Section 83-101. Power of cities, etc., to destroy property for public good, see Section 88-401. Right of telegraph company to use right of way of railroad, see Sections 104-203, 104-205.
2-302. Paragraph 11. Attainder; ex post facto and retroactive laws, etc. No bill of attainer, ex -post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Cross-references.-Federal Constitution, see Sections 1-128, 1-134. Future operation of laws, see Section 102-104. When a franchise is exclusive, see Section 85-1312. Revocation of licenses, see Section 20117. Withdrawal of franchise, see Title 22, Corporations, Chapter 22-12. Dissolution of corporation, see Title 22, Corporations, Chapters 22-12, 22-13, 22-16.
2-303. Paragraph 111. Revocakion of grants. No grant of special privileges or immunities shall be revoked, except in such manner as to work no injustice to the corporators or creditors of the incorporation.
Cross-reference.-Implied rights under grant, see Section 85-312.

Section IV.
Chpter 2-4. Special Legislation Forbidden.
2-401. Paragraph I. General laws; uniform operation; how varied. Laws of a general nature shall have uni-
form operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no percon under legal disability to contract, is capable of such consent.
Cross-references.-General laws of operation in this State, see Section 2-8501 et seq. Local laws as part of the law, see Section 2-8504. Persons unable to contract, see Title 20, Contracts, Chapter 20-2.
2-402. Para,graph 11. What Acts void. Legislative
acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.
Section V.
Chapter 2-5. Governmental Rights of the People.
2-501. Paragraph I. State rights. The people of this
State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution when-
ever it may be necessary to their safety and happiness.
2-502. Paragraph 11. Enumeration of rights not denial of others. The enumeration of rights herein con-
tained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.

Article 11.
Elective Franchise.
Section I.
Chapter 2-6. Qualification of Voters.
2-601. Paragraph I. Elections by ballot; registration of voters. After the year 1908, elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law. (Acts 1908, p. 27, ratified Oct. 7th, 1908.)
Cross-references.-Filing registered voters' list, see Section 34-404. Manner of conducting elections, see Section 34-1303. Voting by absentees, see Title 34, Elections, Chapter 34-33.
Editorial Note.-The nine paragraphs of this Section were proposted by Acts 1908, p. 27, and ratified October 7, 1908. Prior to that time this Section consisted of only two paragraphs. Paragraph I was specifically repealed by the amendment of 1908. That paragraph provided that "In all elections by the people, the electors shall vote by ballot." Paragraph I1 of the original Constitution of 1877 provided a s follows: "Every male citizen of the United States, (except a s hereinafter provided) twenty-one years of age, who shall 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 deemed an elector: Provided, 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 a n opportunity to pay, and that I have not voted a t this election.' " See note following Section 2-603.
2-602. Paragraph 11. Who shall be an elector entitled to register and vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided

by it, shall be an elector and entitled to register and vote
a t any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State. (Acts 1908, pp. 27, 28, ratified Oct. 7th, 1908; Acts 1943, pp. 3940, ratified August 3, 1943.)
Editorial Note.-This section was modified by Const. U..S., Amend. XIX. See Section 1-827 and 152 283 (109 S.E. 666). By Acts 1943, pp. 39-40, ratified August 3, 1943, the word "male" was stricken, and the word "eighteen" was substituted for "twenty-one."
2-603. Paragraph 111. Who entitled to register and vote. To entitle a person to register and vote at ainy election by the people, he shall have resided in the State one year next preceding the election, and in the county in which he offers to vote six months next preceding the election, and shall have paid all poll taxes that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote, except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes. (Acts 1908, pp. 27, 28, ratified Oct. 7, 1908; Acts 1931, p. 102, ratified Nov. 8, 1932.)
Editorial Note.-By the amendment of 1932 the provision, "all poll taxes that he may have had an opportunity of paying agreeably to law," was inserted in lieu of the provision, "all taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877, that he may have had an opportunity of paying agreeably to law." See note following Section 2-601.
2-604. Paragraph IV. Qualifications of electors. Every male citizen of this State shall be entitled to register as an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section I1 of Article I1 of this Constitution, and who possesses the qualifications prescribed in Paragraphs 11 and 111 of this Section or who will possess them at the date of

the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the five following subdivisions of this paragraph.
1. All persons who have honorably served in the land or naval forces of the United States in the Revolutionary War, or in the War of 1812, or in the W a r with Mexico, or in any War with the Indians, or in the War between the States, or in the War with Spain, or who honorably served in the land or naval forces of the Confederate States, or of the State of Georgia in the W a r between the States; or,
2. All persons lawfully descended from those embraced in the classes enumerated in the subdivision next above;
or,
3. All persons who are of good character and understand the duties and obligations of citizenship under a republican form of government; or,
4. All persons who can correctly read in the English language any paragraph of the Constitution of the United States or of this State and correctly write the same in the English language when read to them by any one of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read to them by any one of the registrars; or,
5. Any person who is the owner in good faith in his own right of a t least forty acres of land situated in this State, upon which he resides, or is the owner in good faith in his own right of property situated in this State and assessed for taxation at the value of $500. (Acts 1908, pp. 27, 28, ratified Oct. 7th, 1908.)

2-605. Paragraph V. Registrars to prepare roster.
The right to register under subdivisions 1and 2 of Paragraph IV shall continue only until January lst, 1915. But the registrars shall prepare a roster of all persons who register under subdivisions 1 and 2 of Paragraph IV and sliall return the same to the clerk's office of the superior court of their counties, and the clerks of the superior court shall send copies of the same to the Secretary of State, and it shall be the duty of these officers to record and permanently preserve these rosters. Any person who has been once registered under either of the
subdivisions 1 or 2 of Paragraph IP shall thereafter
be permitted to vote: Provided, he meets the requirements of Paragraphs I1 and I11 of this Section. (Acts 1908, pp. 27, 29, ratified Oct. 7th, 1908.)
Cross-reference.-Filing registered voters' list, see Section 34-404.
2-606. Paragraph VI. Appeal from decision of registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the five subdivisions of Paragraph IV shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of, and shall be returned by the registrars to the office of the clerk of the superior court to be tried a s other appeals. (Acts 1908, pp. 27, 29, ratified Oct. 7th, 1908.)
Cross-reference.-Hearing before registrars, see Sections 34-601, 34-604.
2-607. Paragraph VII. Judgment of force pending appeal. Pending an appeal and until the final decision of the cam, the judgment of the registrars shall remain in full force. (Acts 1908, pp. 27, 30, ratified Oct. i'th, 1908.)

2-608. Paragraph VIII. Only qualified voters to participate in primary. No person shall be allowed to participate in a primary of any political party or a convention of any political party in this State who is not a qualified voter. (Acts 1908, pp. 27, 30, ratified Oct. 7th, 1908.)
Cross-references.-Conduct of primary elections, see Section 343201. Manager of primary must take oath before receiving votes, see Section 34-3205.
2-609. Paragraph IX. Machinery for registration. The machinery provided by law for the registration, of force October lst, 1908, shall be used to carry out the provisions of this Section, except where inconsistent with same; the legislature may change or amend the registration laws from time to time, but no such change or amendment shall operate to defeat any of the provisions of this Section. (Acts 1908, pp. 27, 30, ratified Oct. 7th, 1908.)
Cross-reference.-Duties of registrars, see Section 34-401.
Section 11.
Chapter 2-7. Registration.
2-701. Paragraph I. Registration of electors; who disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, but the following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor or, trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason 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 with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2d. Idiots and insane persons.

Section 111.
Chapter 2-8. Voters' Privilege.
2-801. Paragraph I. Privilege of electors from arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.
Cross-references.-Statutory provisions, see Sections 27-202, 341801.
Section IV.
Chapter 2-9. Disqualification to Hold Office.
2-901. Paragraph I. Holder of public funds. No person who is the holder of any public money, contrary to
law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury.
Cross-reference.-Persons ineligible to hold civil office, see Section 89-101.
2-902. Paragraph 11. Dueling. 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 he shall have been pardoned; and every such person shall, also, be subject to such punishment as may be prescribed by law.
Section V.
Chapter 2-10. Sde of Liquors, When Forbidden.
2-1001. Paragraph I. Sale of liquors on election days. The General Assembly shall, by law, forbid the sale, dis-

tribution, or furnishing of intoxicating drinks within two miles of election precincts, on days of election -State, county or municipal -and prescribe punishment for any violation of the same.
Section VI. Chapter 2-11. Returns of Elections. 2-1101. Paragraph I. Returns made to whom. 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.
Cross-reference.-Consolidation of county vote, and returns to Secretary of State, see Section 34-1303, Paragraph 9.
Article 111. Legislative Department.
Section I. Chpter 2-12. hegislative Power, Where Vested. 2-1201. Paragraph I. Power vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.
Cross-reference.-Time and place of meetings of General Assembly, See Section 47-103.

Section 11.
Chapter 2-13. Senatorid Districts.
2-1301. Paragraph I. Number of senators and senatorial districts. The Senate shall consist of fifty-one members. There shall be fifty-one Senatorial Districts, as now arranged by counties. Each District shall have one Senator.
2-1302. Paragraph 11. Senatorial districts enumerated. (At present there are 52 Senatorial Districts, see following cited Acts and Editorial note).
(Acts 1918, p. 84, and 1918,p. 102, ratified Nov. 5, 1918; 1919, p. 68, 1920, p. 34, 1920, p. 38, 1920, p. 48 and 1920, p. 52, ratified Nov. 2, 1920; and 1924, p. 39, ratified Nov. 4,1924; and 1924, p. 39, ratified Nov. 4, 1924; 1937, p. 28, ratified June 8, 1937.)
Editorial Note.-The amendment of 1937 created the 52nd senatorial district, taking Fulton county from the 35th district and constituting i t as the 52nd district, leaving the 35th district composed of the counties of Clayton and Henry. The June general election a t which this and 25 other amendments were ratified was provided by Acts 1937, p. 712, sections 34-1304 to 34-1306. The enumeration of the counties comprising the several senatorial districts is omitted in order to save space.
Section 111.
Chapter 2-14. County Representation.
2-1401. Paragraph I. Number of representatives. The House of Representatives shall consist of representatives apportioned among the several counties of the State as such counties are marked and defined and as the same may be hereafter created, as follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remain-

ing counties, one representative each including the new
counties of Lanier, Seminole, Brantley, Long and Lamar.
In the event of the ratification of this amendment to
the Constitution and in the event of the ratification of
the amendments to the Constitution creating the counties
of Lanier, Seminole and Brantley, or either of them the
said counties so created shall also be entitled to repre-
sentation in the General Assembly. I n the event of a
ratification of the amendments creating the counties of
Lanier, Seminole and Brantley, or either of them, an elec-
tion shall be held in such county or counties on the first
Tuesday in January, 1921, under the laws now governing
similar elections for meni'bers of the General Assembly,
for the election of a member of the General Assembly
from said county or counties, for the session of 1921 and
1922. (Acts 1904, p. 48, ratified Oct. 5, 1904; 1908, p. 31,
ratified Oct. 7, 1908; 1914, p. 37, ratified Nov. 3, 1914;
1918, p. 87, ratified Nov. 5, 1918; 1920, p. 55, ratified Nov.
2, 1920.)
Cross-references.-List of counties, see Section 23-101. Membership of House of Representatives apportioned, see Section 47-101. Senatorial districts, see Section 47-102.
Editorial Note.-This paragraph originally provided that, "The House of Representatives shall consist of one hundred and seventyfive Representatives, apportioned among the several counties as follows, to-wit: To the six counties having the largest populations, viz: Chatham, Richmond, Burke, Houston, Bibb and Fulton, three Representatives, 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, Jackson, Dougherty, Oglethorpe, Macon, Talbot and Wilkes, two Representatives each; and to the remaining one hundred and five counties, one Representative, each." Under the Act of Appointment of 1881 (Acts 1880-1, p. 51), Floyd county was substituted for Houston. The amendment of 1904 increased the number of Representatives to 183, Burke and Houston counties being displaced by Floyd and Thomas in the list of the six largest counties, and Greene, Harris, Jefferson, Newton, Stewart, Hancock, Jackson, Dougherty, Oglethorpe, Macon and Talbot being displaced in the list of the 26 next largest counties by Bulloch, DeKalb, Dooly, Elbert, Emanuel, Hall, Jackson, Laurens, Lowndes, Tattnall and Walton. By the amendment of 1908 the number of Representatives allowed was changed from 183 to 184 so a s to allow representation to Ben Hill county. By the Amendment of 1914, the number was increased to 189, Muscogee county displaced Thomas county in the

list of the six largest counties, and the counties of Brooks, Clarke and Ware displaced the counties of Dooly, Monroe, and Tattnall in the list of the 26 next largest. The 1918 amendment increased the number of Representatives to 193, and the 1920 amendment changed the paragraph to read a s set out above. It will be noticed that the above paragraph is in conflict with the one immediately following.
2-1402. Paragraph 11. Apportionment changed, how. The above apportionment shall be changed by the General Assembly at its first session after each census taken by the United States Government, so as to give to the six counties having the largest population three Representatives each; and the twenty-six counties having the next largest population two Representatives, each;but in no event shall the aggregate number of Representatives be increased.
Editorial Note.-See editorial note under preceding section.
Section IV.
Chapter 2-15. The GeneraJ Assembly.
2-1501. Paragraph I. Term of members. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the next General Assembly. The provisions of this Paragraph, Section and Article shall apply to the terms of the members of the General Assembly, who were elected a t the general election for members of th General Assembly in the year 1912. (Acts 1914, p. 45, ratified November 3rd, 1914.)
Editorial Note.-Prior to the amendment of 1914, the above paragraph read a s follows: "The members of the General Assembly shall be elected for two years, and shall serve until their successors are elected."
2-1502. Paragraph 11. Election, when. The first election for members of the General Assembly, under this Constitution, shall take place on the first Wednesday in December, 1877, the second election for the same shall

be held on the first Wednesday in October, 1880, and, subsequent elections biennially, on that day, until the day of election is changed by law.
Cross-references.-When and how elections are held, see Section 34-1302. Election of county officers, see Title 34, Elections, Chapter 34-26.
2-1503. Paragraph 111. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than seventy (70) days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy (70) days without fixing a date for reconvening, the General Assembly, shall reconvene in regular seasion on the second Monday in January of the next year. All business pending in the House or Senate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as
if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as provided in Article 5, Section 1,Paragraph 13, of this Constitution. If an impeachment trial is pending a t the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. (Acts 1943, pp. 51-52, ratified August 3, 1943.)

Editorial Note.-In the original Constitution of 1877, this paragraph read a s follows: "The first meeting of the General Assembly, after the ratification of this Constitution, shall be on the first Wednesday in November, one thousand eight hundred and seventy-eight, and subsequent meetings biennially thereafter, on the same day, until the day shall be changed by law. But nothing herein contained shall be construed to prevent the Governor from calling an extra session of the General Assembly before the first Wednesday in November, one thousand eight hundred and seventy-eight, if, in his opinion, the public good shall require it." By the amendment ratified October 5, 1892, the paragraph was changed so a s to provide that meetings of the General Assembly should be held on the fourth Wednesday in October of every year. By the amendment of November 4,1924, the time of the meetings was fixed a s the fourth Wednesday in June, 1925, and biennially thereafter on the same day; and i t was provided that no session should continue longer than 60 days, except that if an impeachment trial were pending a t the end of 60 days, the session might be prolonged until the completion of the trial.
2-1504. Paragraph ITT. Quorum. A majority of each
house shall constitute a quorum to transact business;
but a smaller number may adjourn from day to day and
compel the presence of its absent members, as each house
may provide.
Cross-reference.-Organization of General Assembly, see Section 47-104.
2-1505. Paragraph TT. Oath of members. Each Sena-
tor and Representative, before taking his seat, shall take
the following oath, or affirmation, to-wit: "I will support
the Constitution of this State, and of the United States,
and on all questions and measures which may come before
me, I will so conduct myself, as will, in my judgment, be
most conducive to the interests and prosperity of this
State. "
Cross-reference.-Who administers oath, see Section 47-105.
2-1506. Paragraph VI. Length of session.
Editorial Note.-In the original Constitution of 1877, this paragraph, Art. 111, Sec. IV, Par. VI, provided a s follows: "No session of the General Assembly shall continue longer than forty days, unless by a two-thirds vote of the whole number of each house." By the amendment proposed October 21, 1891 (Acts 1890-1, p. 56), the paragraph was changed to read a s follows: "No session of the General Assembly shall continue longer than fifty days; provided, that if a n impeachment trial (is) pending a t the end of fifty days the session may be prolonged till the completion of said trial." This paragraph was superseded by the 1924 amendment to Art. 111, Sec. IV, Par. 111 (Section 2-1503). See editorial note following that paragraph.

2-1507. Paragraph VII. Eligibility; appointments forbidden. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them, except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him, shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Glovernor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected.
Editorial Note.-Acts 1937-38, Ex. Sess., pp. 77, 80, provides that "no member of the General Assembly shall be eligible to be appointed to the position of Revenue Commissioner, nor to any other position in the State Tax Department until the term of office a s such member of the General Assembly has expired, and no person other than a bona fide resident of the State of Georgia for more than 10 years shall ever be eligible to appointment a s State Revenue Commissioner." See Section 92-8404.
2-1508. Paragraph VIII. Removal from district or county, effect of. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected.
Section V.
Chapter 2-16. The Senate.
2-1601. Paragraph I. Qualifications of senators. The Senators shall be citizens of the United States, who have attained the age twenty-five years, and who shall have Seen citizens of this State for four years, and for one year residents of the district from which elected.

2-1602. Paragraph 11. President. The presiding officer of the Senate shall be styled the President of the Senate, and shall be elected viva voce from the Senators.
2-1603. Paragraph 111. Impeachment. The Senate shall have the sole power to try impeachments.
2-1604. Paragraph IV. Trial of impeachments. When
sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the presiding Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select the Judge of the Supreme Court to preside, no person shall be convicted without the concurrence of two-thirds of the members present.
2-1605. Paragraph TT. Judgments in impreahments. Judgments, in cases of impeachment, shall not extend further than removal from office. and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall, nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.
Section VI.
Chapter 2-17. The House of Representatives.
2-1701. Paragraph I. Qualifications of representatives. The Representatives shall be citizens of the United States who have attained the age of twenty-one years, and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected.
2-1702. Paragraph 11. Speaker. The presiding officer of the House of Representatives shall be styled the

Speaker of the House of Representatives, and shall be elected viva voce from the body.
2-1703. Paragraph 111. Power to impeach. The House of Representatives shall have the sole power to impeach all persons who shall have been, or may be, in office.
Section VII.
Chapter 2-18. Enactment of Laws.
2-1801. Paragraph I. Elections, returns, etc.; disorderly conduct. 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 expulsion; but no member shall be expelled, except by a vote of twothirds of the House to which he belongs.
Cross-reference.-Special appointments to execute orders of house, see Section 47-112.
2-1802 Paragraph 11. Contempts, how punished. Each House may punish by 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.
2-1803. Paragraph 111. Privilege of members. 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.
2-1804. Paragraph IV. Journals. Each House shall

keep a Journal of its proceedings, and publish it immediately after its adjournment.
2-1805. Paragraph V. Where journals kept. The original Journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
2-1806. Paragraph VI. Yeas and nays, when taken. The yeas and nays on any question, shall, at the desire of one-fifth of the members present, be entered on the Journal.
2-1807. Paragraph VII. Bills to be read. 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, but the first and second reading of each local bill, and bank and railroad charters, shall consist of the reading of the title only, unless said bill is ordered to be engrossed. (Acts 1890-1, p. 58, ratified Oct. 5 , 1892.)
Editorial Note.-The amendment to the paragraph merely added the latter part thereof, beginning with the words, "but the first and second reading."
2-1808. Paragraph VIII. One subject matter expressed. 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.
2-1809. Paragraph IX. General appropriation bill. The general appropriation bill shall embrace nothing 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.

2-1810. Paragraph X. Bills for revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, a s in other bills.
Editorial Note.-Acts 1937-38, Ex. Sess., pp. 77, 102, Section 49, provides that "the Ways and Means Committee of the House of Representatives and the Finance Committee of the Senate shall hold joint meetings for the consideration of all revenue taxing measures when in regular or special session and the State Revenue Conimissioner shall be an ex-officio member of each committee." See Section 92-8450.
2-1811. Paragraph XI. Public money, how drawn.
No money shall be drawn from the Treasury except by appropriation made by law, and a regular statement and account of the receipts and expenditure of all public money be published every three months, and, also, with the laws passed by each session of the General Assembly.
Cross-references.-Governor's warrant on treasury, see Section 40204. Duty of Treasurer to pay warrant, see Section 40-1101, Paragraph 1. Duty to record details of warrant, see Section 40-1101, Paragraph 2. Expenses of departments of State Government, how paid, see Section 40-1102.
2-1812. Paragraph XII. Bills appropriating money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays, in each house, are recorded.
Cross-Reference.-Appropriation of money by a resolution, see Section 47-503.
2-1813. Paragraph XIII. Acts signed; rejected bills. 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 twothirds of the house by which the same was rejected.
2-1814. Paragraph XIV. Majority of members to pass bill. No bill shall become a law unless it shall receive 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.
2-1815. Paragraph XV. Local bills.
Editorial Note.-By an Act approved September 24, 1885, (Acts 1885, p. 33), an amendment was proposed, and on October 6, 1886, ratified, whereby Art. 111, Sec. VII, Par. XV was stricken from the Constitution. That paragraph was as follows: "All special or local bills shall-originate in the House of Representatives. The 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 i t 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 i t within fifteen days after the organization of the General Assembly; except by a two-thirds vote."
2-1816. Paragraph XVI. Notice of intention to ask local legislation necessary. 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 affected, may be situated, which notice shall be given at least thirty days prior to the introduction of such bill into the General Assembly, and in the manner to be prescribed by law. The evidence of such notice having been published, shall be exhibited in the General Assembly before such act shall be passed.
Cross-reference.-Statptory provision, see Section 47-801.
2-1817. Paragraph XVII. Statutes and sections of Code, how amended. No law, or section of the Code, shall be amended or repealed by mere reference to its title, or to 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.
2-1818. Paragraph XTTIII. Co~porate powers, how granted. The General Assembly shall have no power
to grant corporate powers and privileges to private com-

panies, to make or change election precincts, nor to
establish bridges or ferries, nor to change names of legiti-
mate children; but it shall prescribe by law the manner
in which such powers shall be exercised by the courts;
it may confer this authority to grant corporate powers
and privileges to private companies to the judges of the
superior courts of this State in vacation. A11 corporate
powers and privileges to banking, insurance, railroad,
canal, navigation, express and telegraph companies shall
be issued and granted by the Secretary of State in such
manner as shall be prescribed by law; and if in any event
the Secretary of State should be disqualified to act in
any case, then in that event the legislature shall provide
by general laws by what person sucll charters shall he
granted. (Acts 1891, pp. 59, 60, ratified Oct. 5, 1892;
1912, p. 27, ratified Nov. 5. 1912.)
Cross-references.-By whom corporations are created, see Section 22-201. Renewal of charters, see Section 22-308 e t seq., 22-505 e t seq. Amendment of charters, see Section 22-308 e t seq., 22-505 e t seq. Incorporation of insurance companies, see Sections 56-201, 56-205; banks, see Section 13-901 e t seq.; railroads, see Section 94-101; trust companies, see Section 109-101; canal companies, see Section 17-101; express companies, see Section 41-101; navigation companies, see Section 17-201. Superior court corporations, see Sections 22-301, 22-308. Revivor of charters generally, see Section 22-601.
Editorial Note.-In the original Constitution of 1877, this paragraph read a s follows: "The General Assembly shall have no power to grant corporate powers and privileges to private companies, except banking, insurance, railroad, canal, navigation, express and telegraph companies; nor to make or change election precincts; nor to establish bridges or ferries; nor to change names of legitimate children; but i t shall prescribe by law the manner in which such powers shall be exercised by the Courts." By the amendment proposed by the Act approved September 19, 1891, (Acts 1890-1, pp. 59, 60), and ratified October 5, 1892, i t was changed to read as follows: "The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts; nor to establish bridges or ferries; nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts. All corporate powers and privileges to banking and insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law, and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charters shall be granted." The provision reading "it may confer this authority to grant corporate powers and privileges to pri-

vate conipanies to the judges of the superior courts of this State in vacation" was added by the amendment of 1912.
2-1819. Paragraph XIX. Recolgnizances. 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 shall have been apprehended and placed in the custody of the proper officer.
2-18",. Paragraph XX. Street railways. The General Assembly shall not authorize the construction of any street passenger railway within the limits of any incorporate town or city, without the consent of the corporate authorities.
Cross-references.-Incorporation of street railways, see Section 941002. Consent of municipality to railroads using its streets, see Section 94-301, Paragraph 5.
2-1821. Paragraph XXI. Yeas and nays to be entered, when. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
Cross-reference.-Amending Constitution, see Section 2-8601.
2-1822. Paragraph XXII. Powers of the General Assembly. The General Assembly shall have power to make all law^ and ordinances consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
Cross-references.-Origin and foundation of Government, see Section 2-101. Duty of court to declare unconstitutional Acts void, see Section 2-402.
2-1823. Paragraph XXIII. Signature of Governor. No provision in this Constitution, for a two-thirds 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

two-thirds vote required to override the veto, and in case of prolongation of a session of the General Assembly.
Cross-references.-Meetings of General Assembly, see Section 21503. Governor's approval of resolutions, etc., see Section 2-2617.
2-1824. Paragraph XXnT. Adjouk-nments. 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 adjourn either, or both of them.
2-1825. Paragraph XXTT. Zoning and planning laws. The General Assembly of the State shall have authority to grant to the governing authorities of the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, TTaldosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, to pass zoning and planning laws. (Acts 1927, pp. 127, 128, ratified Nov. 6, 1928.)
Editorial Note.-The amendment proposed by Acts 1935, p. 1234, adding Moultrie to the list of cities authorized to pass zoning ordinances, was ratified at the general election held Nov. 3, 1936.

Acts 1937, p. 20, proposed an amendment authorizing the governing authorities of the county of DeKalb to establish and administer, within bounds of county, districts for fire prevention, sanitation, sewerage and/or water and to levy taxes and/or special assessments therefor on property in said districts. The amendment was ratified a t the general election held June 8, 1937.
Acts 1937, p. 1132, added the cities of Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Ft. Valley, and McRae to list of cities authorized to pass zoning and planning laws under the above numbered section of the Constitution. This amendment was ratified a t the election held June 8, 1937.
By two separate resolutions, Acts 1937, pp. 1137, 1139, Dalton and Quitman were added to the list of cities authorized to adopt zoning and planning laws under this section. Both resolutions were ratified a t the election on June 8, 1937.
2-1826. Paragraph XXVI. Zoning and planning laws
in cities and counties of 1,000 or more. The General As-
(sembly of the State shall have the authority to grant to
the governing authorities of any city or county in this
State having a population of 1,000 or more, according to
the Federal census of 1930 or any such future census,
the authority to pass zoning and planning laws whereby
such cities or counties may be zoned or districted for
various uses and other or different uses prohibited there-
in, and to regulate the use of which said zones or dis-
tricts may be set apart and to regulate the plans for
development and improvement of real estate therein.
(Acts 1937, p. 1135, ratified June 8, 1937.)
Editorial Note.-Acts 1937, p. 24, proposed an amendment to this section to be known a s Paragraph XXVI, authorizing the General Assembly to grant to the governing authorities of the county of Glynn, authority to pass zoning and planning laws whereby the county might be zoned or districted for various uses and other and different uses prohibited, authorizing the collection of tax therefor, and ratifying Acts of the General Assembly a s well a s acts of the county authorities passing zoning and planning laws for the county. This amendment was ratified a t the election held June 8, 1937.
The above paragraph was numbered by the General Assembly XXVI, giving it the same number as the special amendment relating to Glynn county.
Acts 1937-38, Ex. Sess., p. 414, authorizes the county authorities of counties having a population of not less than 70,000 nor more than 75,000, according to the census of 1930 or any future census, to pass zoning and planning laws whereby the counties may be zoned or districted for various uses, no zone to be established without the consent of 51 per cent. of the owners of property in the zone or district. Acts 1939, p. 406, amended the 1937-38 Act by changing the

wording after "without the consent," to "given by written petition signed by the owners of 51 per cent. of the real property within the area zoned or districted." These Acts were held constitutional in 191/576 (13 S.E. 2d 374).
Acts 1939, p. 368, grants to the commissioner of roads and revenues or other authority having charge of fiscal affairs in counties having a population of not less than 70,000 and not more than 71,000,
according to the United States census of 1930 or any future census, to regulate in said county, outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein,
the opening or extension of any street or road and the subdivision of property.
Acts 1939, p. 403, authorizes any county having a population of not less than 75,000 and not more than 100,000, according to the 1930 Federal census or any future Federal census, to pass zoning and planning laws, and to regulate the use for which zones may be set apart, no zone to be established without the consent of 51 per cent. of the owners of property in the zone.

[Z-18271. Paragraph [XXVII]. Civil service-equal

preferences t o veterans. Neither the State of Georgia,

nor any political subdivision thereof, shall inaugurate

or maintain any civil service scheme of any nature what-

ever which fails to provide for honorably discharged

veterans of any war, and the said State of G'eorgia, or

any.

political
-

subdivision

shall,

if

a

civil

service

scheme

is originated or is already in force, shall provide equal

preferences accorded to such veterans as now exist under

Federal Civil Service Laws. (Ga. Laws 1943, pp. 10, 11,

ratified August 3rd, 1943.

Editorial Note.-The Act (Ga. Laws 1943, pp. 10, 11) submitting
this amendment designated it as paragraph XXVI although two or more previous amendments had already been given the number 26 as explained above.

Section VIII.
Chapter 2-19. Officers of the General Assembly.
2-1901. Paragraph I. Secretary of Senate and clerk of House of Representatives. The officers of the two
houses, other than the President and Speaker, shall be a Secretary of the Senate and Clerk of the House of Rep-

resentatives, 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 to give bond and security for the faithful discharge of their respective duties.
Cross-reference-Pay of secretary and clerk, see Section 47-210.
Section IX.
Chapter 2-20. Pay of Members.
2-2001. Paragraph I. Compensation and mileage. Members of the General Assembly shall each receive the sum of $600.00 for each full term, and a pro rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly. For attending extraordinary sessions of the General Assembly, the members shall each receive $8.00 per diem. They shall each receive mileage not to exceed ten cents for each mile travelled, by the nearest practicable route, in going to and returning from the capital, to be paid once for each regular or extraordinary session. The President of the Senate and the Speaker of the House of Representatives shall each receive $900.00 for each full term of office, and a pro rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly; and $12.00 per diem for attending extraordinary sessions of the General Assembly; they shall receive the same mileage as other members. (Ga. Laws 1943, pp. 30, 31, ratified August 3rd, 1943.)
Editorial Note.-Before the ratification of the Amendment (Acts 1943, pp. 30, 31, ratified August 3, 1943), this Paragraph head a s fol-

lows: "The per diem of the members of the General Assembly shall not exceed seven dollars; and mileage shall 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 ten dollars per day."
Section X.
Chapter 2-21. Elections by General Assembly.
2-2101. Paragraph I. Viva vow vote; pla'ce of meeting. All 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.
Cross-references.-Election of United States Senators, see Section 1-823. Election of officers by General Assembly, see Section 47-401.
Section: XI.
Chapter 2-22. Married Woman's Property.
2-2201. Paragraph I. Wife's separate estate. All property of the wife a t 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.
Cross-references.-Statutory provisions, see Section 53-502. Wife a s feme sole a s to her separate estate, see Section 53-503. See Chapter 53-5 and notes.

Section XII.
Chapter 2-23. Insurance Companies.
2-2301. Paragraph I. Nonresident insurance cam. panies. All life insurance companies now doing busi-
ness in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the 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 officer equivalent to cash, subject to his order, as a guarantee fund for the security of policyholders.
Cross-references.-Deposits of life and accident insurance companies of other States, see Section 56-316. Fire and marine insurance companies, see Section 56-301.
2-2302. Paragraph 11. License by Comptroller Generd. When such showing is made to the Comptroller General of the State of Georgia by a. proper certificate from the State official having charge of the funds 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.
-2-2303. Paragraph 111. Resident insurance companies; guarantee fund. 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 securities as may be deemed by him equivalent to cash, to be subject to his order,

a s a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends 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 replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.
Cross-references.-Filing financial statement before issuance of license, see Sections 56-402, 56-403. Changes of securities deposited, see Section 56-309.
2-2304. Paragraph IV. General Assembly to enact laws for people's protection, etc. 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 securities with the Treasurer of this State, to secure the people against loss by tlie operations of said companies.
Cross-reference.-Reciprocity to foreign insurance companies, see Section 56-315.
2-2305. Paragraph V. Reports by insurance companies. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make semi-annual reports to the Governor, and print the same a t their own expense, for the information and protection of the people.
Cross-references.-Reports by insurance companies, see Sections 56-232, 56-402, 56-403. Investigations by Insurance Commissioner, see Section 56-105.

Article IV.
Power of the General Assembly Over Taxation.
Section I.
Chapter 2-24. Taxation.
2-2401. Paragraph I. Taxation, a sovereign right. The right of taxation is a sovereign right -inalienable, indestructible -is the life of the State, and rightfully belongs to the people in all Republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to effect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant, or contract, whatsoever, by the General Assembly.
Cross-references.-Taxation and exemptions, see Sections 2-5001 to 2-5006. Statutory provisions, Section 92-201 et seq.
Section 11.
Chapter 2-25. Regulation of Corporations.
2-2501. Paragraph I. Railroad tariffs. The power and authority of regulating railroad freights and passenger tariffs, preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws, from time to time, to regulate freight and passenger tariffs, to prohibit unjust discriminations on the various railroads

of this State, and to prohibit said roads from charging other than just and reasonable rates, and enforce the same by adequate penalties.
Cross-references.-Discrimination prohibited, see Section 18-318, 93-407, 93-411. Creation, etc., of Public Service Commission, see Section 93-201 e t seq.
2-2502. Paragraph 11. Right of eminent domain; police power. The exercise of the right of eminent domain shall never be abridged, nor so construed as to prevent the General ~ s s e m b flr~om taking the property and franchises of incorporated companies, and subjecting them to public use, the same a s property of individuals; and the exercise of the police power of the State shall never be abridged, nor so construed, as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the State.
Cross-references.-Definition of eminent domain, see Section 36101. Condemning private property, see Section 36-301 e t seq. Payment for private property before taking for public use, see Section 2-301. Police power, see also Section 2-501.
2-2503. Paragraph 111. Charters revived or amended subject to Constitution. 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 the 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 the same under the provisions of this Constitution: Provided, That this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in the building of any branch road.
Cross-references.-Withdrawal of private charters, see Sections 22-1202, 22-1203. Rights acquired by purchasers a t sales of rail-

roads, see Section 94-303. Surrender of power to t a x corporations, see Section 2-5006. Amendment of charters, see Sections 22-308, 22-309,22-505. Acquisition of rights of way for branch roads, see Section 94-307.
2-2504. Paragraph IV. Buying stock, etc., in other
corporations; competition. 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 agree-
ment whatever, with any such corporation, which may
have the effect, or be intended to have the effect, to defeat
or lessen competition, or to encourage monopoly; and all
such contracts and agreements shall be illegal and void.
Cross-references.-Illegality of contracts by insurance corporations affecting competition, see Section 56-219. Grant of corporate powers to railroads by Secretary of State, see Section 94-101. Sale or consolidation of railroads, see Section 94-318. Lease or sale by street railroad to other companies, see Section 94-1013. Control of electric railroad companies by like companies, see Section 94-1014. Venue of actions against railroads, see Section 94-1101. Merger, etc., of railroads with other companies, see Section 94-311.
2-2505. Paragraph V. Rebates. No railroad company shall give, or pay, any rebate, or bonus in the na-
ture thereof, directly or indirectly, or do any act to
mislead or deceive the public as to the real rates charged
or received for freights or passage, and any such pay-
ments shall be illegal and void; and these prohibitions
shall be enforced by suitable penalties.
Cross-references-Unjust discrimination prohibited, see Section 93-407. Discrimination in freight rates, see Section 93-411. Public Service Commission prescribes rates, see Section 93-309. Delivery of freight by railroads to connecting carriers, see Section 93-409.
2-2506. Paragraph VI. Obligation of contracts preserved. No provision of this article shall be deemed, held or taken to impair the obligation of any contract here-
tofore made by the State of Georgia.
Cross-references..-Limitation of powers of individual States, see Section 1-134. Impairing contract obligations, see Section 2-302.
2-2507. Paragraph VII. General Assembly to enforce Article. The General Assembly shall enforce the provisions of this article by appropriate legislation.

2-2508. Paragraph VIII. Public Service Commission as Constitutional officers. There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be elected by the members of the Commission from one of its members. The first Commission under this amendment shall consist of the commissioners in office at tlie time of the adoption of this constitutional amendment and they shall serve for the term to which each was elected. There. after all succeeding terms of members shall be for six years. The qualifications, compensation, filling of vacancies, manner and time of election, powers and duties of members of the Commission, including the chairman, shall be such as are now or may liereafter be provided by the General Assembly. (Acts 1943, pp. 37, 38, ratified August 3, 1943.)
Article V.
Executive Department.
Section I.
Chapter 2-26. Governor.
2-2601. Paragraph I. Executive Department, officers of. The officers of the Executive Department shall consist of a Governor, Secretary of State, Comptroller General, and Treasurer.
2-2602. Paragraph 11. Governor; term of office, salary, etc. The executive power shall be vested in a Governor,

who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. After qualifying for a four-year term, he shall not be eligible to be reelected for the next succeeding four-year term, or any part thereof. He shall have a salary of seven thousand five liundred dollars per annum (until 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. The State officers required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years: Provided, however, that the provisions of this paragraph shall not apply to the t e r n of office or the salary of any official elected a t the general election of 1940. (Amended by Acts 1941, p. 86, ratified June 3, 1941.)
Cross-references.-Inauguration of Governor, see Section 40-103. Governor's salary, see Section 40-105.
Editorial Note.-The amendment of 1941 changed the term of office of the Governor and other State officers elected a t the same time from two years to four years, made the Governor ineligible to be reelected for the next succeeding four-year term or any part thereof, and increased his salary from $3,000 per annum to $7,500 per annum.
2-2603. Paragraph 111. Election for Governor. The
first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1942, and the Governor-elect shall be installed in office at the next session of tlie General Assembly. An election shall take place quadriennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at tlze places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General

Assembly, and the electors shall be the same. (Amended by Acts 1941, p. 86, ratified June 3, 1941.)
Cross-references.-How and when elections for members of General Assembly a r e held, see Section 34-1302. Election for Governor, see Sections 34-2101, 40-101.
Editorial Note.-The Act of 1941 struck this entire section a s i t appeared in the Code of 1933 and provided a s above in its stead; this was necessitated by the amendment to section 2-2602.
2-2604. Paragraph IV. Returns of elections. The returns for every election of Governor shall 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 day after the two houses shall have been organized, and they shall be transmitted by the Senate to the House of Representatives.
Cross-reference.-Separate consolidation of vote for Governor, see Section 34-1303, Paragraph 10.
2-2605. Paragraph V. How returns published. The
members of each branch of the General Assembly shall convene in the Representative Hall, and the President of the Senate and 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 person 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 election of a Governor by the General Assembly, a majority of the members present shall be necessary to a choice.
Cross-reference.-Filling vacancy in office of Governor, see Section 49-102.

2-2606. Paragraph VI. Contested elections. Contested elections shall be determined by both liouses of the General Assembly in such manner as shall be prescribed by law.
Cross-reference.-Denial of right to contest office of Governor by quo warranto, see Section 64-208.
2-2607. Paragrapli VII. Quadifications of Governor. No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of thirty years.
2-2608. Paragraph VIII. Death, resignation, or disability of Governor. I n case of the death, resignation, or disability of the Governor, tlie President of the Senate shall exercise the executive powers of the government until such disability be removed, or a successor is elected and qualified. Aqd in case of tlie 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.
Cross-reference.-See Section 40-102.
2-2609. Paragraph IX. Unexpired terms, filling of. The General Assembly shall have power to provide by law, for filling unexpired terms by special elections.
Cross-reference.-See Section 40-102.
2-2610. Paragraph X. Oath of office. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: ('1do solemnly smear (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, preserve, protect, and defend the Constitution thereof, and the Constitution of the
United States of America. "

2-2611. Paragraph XI. Commander in chief. The Governor sliall be commander-in-chief of the army and navy of this State, and of the militia thereof.
Cross-reference.-Power of Governor to call out militia, see Section 40-202. See also Section 86-101.
2-2612. Paragraph XII. Reprieves and pardons; State Board of Pardons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of bearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when tlle General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, cornmunicate to that body each case of suspension of sentence, stating the name of the convict, the ofTense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reaeons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Sena"te is not in session sliall be effective ad interim. The first members shall be appointed for terms of three, five and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the State Board of

Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to comiilute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction, except in cases of treason o r impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided that such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. Except if any member for any cause is unable to serve in any case involving capital punishment, the Governor shall act as the third member of said Board and the action so taken in such instances shall be by unanimous vote. The State-Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. The first Board of Pardons and Paroles under this provision may be those in office under an Act of the General Assembly creating such a Board existing at the time of the adoption of this amendment, which, if so existing shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment, and which Board shall have all the rights, privileges, powers and duties the same as if it was so subsequently created, and the terms of members of such Board shall date from the time specified in the

existing Act of the General Assembly. The General As-

sembly may enact laws in aid of, but not inconsistent

with, this amendment. (Acts 1943, pp. 43, 46, ratified

Aug-ust 3, 1943.)
Cross-reference.-State 1943, pp. 185-195.

Board of Pardons and Paroles, see Acts

Editorial Note.-Prior to the amendment adopted August 3, 1943, the sole power over reprieves, pardons, etc., was vested in the Gov-
e r n o r under this paragraph.

2-2613. Paragraph XIIT. Writs of election; called sessions of the General Assembly. He shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives, and shall give the General Assembly, from time to time, information of the state of the Commonv-ealth, and recommend to their consideration such measures as he may deem necessary or espedient. He shall have power to convoke the General Assembly on extraordinar? 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.
Provided, however, that ~vhenthree-fifths of the members elected to the House of Representatives and threefifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall tliereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Aswmbly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self-convened

session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed.
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may be hereafter provided. (Acts 1937, pp. 1114, 1115, ratified June 8, 1937.)
Editorial Note.-The portion of the above beginning with the word "Provided" was added by the amendment ratified June 8, 1937.
2-2614. Paragraph XIV. Filling vacancies. When
any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless othem1is.e provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to tlie mode pointed out by this Constitution, or by law in pursuance thereof.
Cross-references.-Duty of Governor to appoint officers and fill vacancies, see Section 40-301. State officer to discharge duties until successor commissioned and qualified, see Section 89-105. Office is vacant, when, see Section 89-501.
2-2615. Paragraph XV. Appointments rejected. A
person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter.
2-2616. Paragraph XVI. Governor's veto. The Gov-
ernor 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 a 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. He 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.
Cross-reference.-Governor's signature, when waived, see Section 2-1823.
2-2617. Paragraph XVII. Governor to approve resolutions, etc. Every vote, resolution, or order, to which
the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or; being disapproved, shall be repassed by two-thirds of each house.
2-2618. Paragraph XVIII. Information from Depaxtment officers; examination of Treasurer and Comptroller General. He may require information, in writing, from
the officersin the Executive Department, on any subject
relating to the duties of their respective offices. It 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 suspen~ionof either of said officers from the discharge of the duties of his office, and also, for the appointment of a suitable person to discharge the duties of the same.
Cross-references.-Suspension of Treasurer or Comptroller by Governor, see Section 40-206. Suspension by the General Assembly, see Section 47-701. Suspension of Treasurer by council called by Governor, see Section 40-1301.
2-2619. Paragraph XIX. Secretaries. The Governor
shall have the 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 salaries and clerical force in his office shall not exceed the sum of $10,000, and this sum shall not be ex-

ceeded either directly or indirectly for any services rendered the Governor in the way of clerical assistance, or in any other manner. (Acts 1918, p. 93, ratified November 5, 1918.)
Cross-reference.-Officers to be appointed by the Governor, see Section 40-303.
Editorial Note.-Prior to t h e amendment of 1918, the foregoing paragraph read a s follows: "The Governor shall have the power to appoint his own secretaries, not exceeding two in number, and to provide such other clerical force a s 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."
Section 11.
Chapter 2-27. Other Executive Officers.
2-2701. Paragraph I. Secretary of State, Comptroller Generd, and Treasurer, how elected. The Secretary of State, Comptroller General, 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 tlie Governor, and hold their offices for thc same time as the Governor.
Cross-references.-Election and t e r m of Secretary of State, see Section 40-501. Election f o r Governor, see Section 2-2603.
Editorial Note.-At t h e general election of J u n e 3, 1941, t h e people ratified a proposed amendment to Section 2-2602, by which the term of t h e Governor was increased to f o u r years, and providing t h a t S t a t e officers required by the Constitution to be elected a t the same time a s the Governor should also hold office for four years.
2-2702. Paragraph 11. Duties, authority, and salaries of Secretary of State, Comptroller Generd, and Treas-

urer. The General Assembly shall have power to prescribe the duties, authority, and salaries of the Secretary of State, Comptroller General, and Treasurer, and to provide help and expenses necessary for the operation of the department of each. (Acts 1927, pp. 121, 122, rati-
fied Nov. 6, 1928.)
Cross-references.-Salary of Secretary of State, see Section 40504. Duties, see Title 40, Executive Department, Chapters 40-6 to 40-8. Salary of Comptroller General, see Section 40-1404. Duties, see Title 40, Executive Department, Chapter 40-15. Salary of Attorney General, see Section 40-1607. Duties, see Section 2-3802 and Title 40, Executive Department, Chapter 40-16. Salary of State Treasurer, see Section 40-901. Duties, see Title 40, Executive Department, Chapters 40-11, 40-12.
2-2703. Paragraph V. Profit from use of public money. 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.
Cross-references.-Contracts with State depositories, see Section 100-103. Penalty for making profit on public money, see Section 2-5701. Duty of Treasurer, see Section 40-1101, Paragraph 10.
2-2704. Paragraph VI. Qualifications. No person shall be eligible to the office of Secretary of State, Comptroller General, or Treasurer, unless he shall have been a citizen of the United States for ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years 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.
2-2705. Paragraph PII. Fees and perquisites denied. 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 expenses when absent from the Seat of Government on business for the State.
Cross-references.-Fees to be paid to Treasurer, see Section 92-3503.

Section 111.
Chapter 2-28. Seal of State.
2-2801. Paragraph I. Great seal; what constitutes; custody; when affixed to; instruments. The great seal of the State shall be deposited in the office of the Secretary of State and shall not affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great Seal of the State until otherwise provided by law.
Cross-references.-Great seal of State, and its custody, see Section 40-701. Authentication of State certificates, see Section 87-101.
Section IV.
Game and Fish Commission.
2-2801a. Paragraph I. Game and Fish Commission. There is hereby created a State Game and Fish Commission. Said Commission shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, McIntosh, Glynn or Camden. The first members of the Commission shall consist of those in office at the time this Constitution is adopted, with terms provided by law. Thereafter, all succeeding 'appointments shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term. All members of the Commission shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation a t the next session of the General Assembly after the making of the appointment.
The Commission sliall have such powers, authority,

duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly. (Acts 1943, pp. 28, 29, ratified August 3, 1943.)
Article VI.
Judiciary.
Section I.
Chapter 2-29. Courts.
2-2901. Paragraph I. Courts enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Commissioned Notaries Public, and such othkr Courts as have been or may be established by law. (Acts 1906, p. 24, ratified Nov. 6th, 1906.)
Cross-references.-Organization of Supreme Court, see Section 244002. State one supreme judicial district, see Section 24-3701. Power of legislature to abolish certain courts, see Section 2-4701.
Editorial Note.-The amendment of 1906 inserted the words ''i
Court of Appeals" in the foregoing paragraph. See Section 2-3009.
Section 11.
Chapter 2-30. Supreme Court and Court of Appeals.
2-3001. Paragraph I. Supreme Court Justices. Quorum. The Supreme Court shall consist of a Chief Justice and five associate justices. A majority of the court shall constitute a quorum.
Cross-reference.-Supreme Court divisions, see Section 24-4009. Editorial Note.-In the original Constitution of 1877, the above paragraph read a s follows: "The Supreme Court shall consist of a Chief Justice and two associate Justices. A Majority of the Court shall constitute a quorum." By an Act of 1887 (Acts 1887, p. 2 5 ) , an amendment to this paragraph, to increase the number of judges

from three to five was proposed, but i t was defeated October 3, 1888. In 1893 the same amendment was again proposed (Acts 1893, p. 17). There is no record of the submission of this proposed amendment for ratification. In 1895 an amendment to Art. VI, Sec. 11, to be known a s Par. VIII (See Section 2-3008), was proposed (Acts 1895, p. 15), and i t was ratified October 7, 1895. By this amendment the Supreme Court was reorganized and the number of Associate Justices increased from two to five.
2-3002. Paragraph 11. Court to designate judges to
preside, when; means for Supreme Court to prevent delay in congested dockets. When one or more of the judges
of the Supreme Court are disqualified from deciding any
case by interest or otl~erwise,the qualified Justices shall
designate a judge or judges of the Superior Court to pre-
side in said case. (Acts 1937, p. 33, ratified June 8, 1937.)
Cross-references.-Disqualification of Justices, see Sections 24-4007 and 24-4531.
Editorial Note.-Prior to the amendment of 1937 the Governor designated the judge. Acts 1937, p. 33, proposed an amendment striking Paragraph I1 of this Article and Section and substituting the above in lieu thereof. This amendment was ratified a t the election held June 8, 1937. The title of the Act of 1937, as well as the title of the Paragraph, is as above stated. There is nothing in the Act, however, which provides means by which the Supreme Court may "prevent delay in congested dockets." The enrolled Act, a s well a s the original bill, is exactly a s printed in the Acts of 1937. I t seems that there was a provision with reference to preventing delay, but i t was omitted before the bill was actually introduced.
2-3003. Paragraph 111. Bondholding judge disqualified, when. No Judge of any Court shall preside in any
case where the validity of any bond Federal, State, Cor-
poration or Municipal is involved who holds in his own
right or as the representative of others any material in-
terest in the class of bonds upon which the question to be
decided arises.
Cross-reference.-Disqualification of inferior court judges, see Section 24-102.
2-3004. Paragraph ITT. Terms of office. The Chief
Justice and Associate Justices shall hold their offices for
six years, and until their successors are qualified. A suc-
cessor to the incumbent whose term will soonest expire
shall be elected by the General Assembly in eighteen hun-

dred and eighty; a successor to the incumbent whose term of office is next in duration shall be elected by tlie General Assembly in eighteen hundred and eighty-two; and a successor to the third incumbent sliall be elected by the General Assembly in eighteen hundred and eighty-four; but appointments to fill vacancies shall only be for the unexpired term or until such vacancies are filled by elections agreeably to the mode pointed out by this Constitution.
Cross-references.-Judges and organization of Supreme Court, see Section 24-4002. Filling vacancies, see Section 24-4006. Election of Justices of Supreme Court, see Section 2-3008.
2-3005. Paragraph TT. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, and such other like courts a s have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills ;in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies ;in all divorce and alimony cases, and in all cases certified to it by the Court of Appeals for its determination. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to tlie Supreme Court from the Court of Appeals for review and determination with the same power and authority as if the case had been carried by
-
writ of error to the Su,preme Court. Any case carried to the Supreme Court or to the Court of Appeals, which be-

longs to the class of which the other court has jurisdic-
tion, shall, until otherwise provided by law, be transferred
to the other court under such rules as the Supreme Court
may prescribe, and the cases so transferred shall be
heard and determined by the court which has jurisdiction
thereof. (Acts 1906, p. 24, ratified Nov. 6th, 1906; 1916,
p. 19, ratified Nov. 7th, 1916.)
Cross-references.-Force of laws of sister States, see Section 102110. Enumeration of powers of Supreme Court, see Section 24-3901. Writs of error to appellate court, see Section 6-701. Transfer of cases to and from Court of Appeals, see Section 24-4527 et seq. Method of reviewing Supreme Court decisions, see Section 24-3645. Certiorari from Court of Appeals, see Section 24-4548 e t seq.
Editorial Note.-The above paragraph, a s i t appeared in the original Constitution of 1877, read a s follows: "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 a s may be hereafter established in other cities; and shall sit a t the seat of government a t such times in each year a s shall be prescribed by law, for the trial and determination of writs of error from said Superior and City Courts." The Act of 1906, proposing the creation, etc., of the Court of Appeals (Acts 1906, p. 24), also proposed the amendment of the above paragraph. As amended, i t read a s follows: "The Supreme Court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors in law and equity from the superior courts in all civil cases, whether legal or equitable, originating therein, or carried thereto from the courts of ordinary, and in all cases of conviction of a capital felony, and for the determination of questions certified to i t by the Court of Appeals; and shall sit a t the seat of the government a t such times in each year a s are or may be prescribed by law, for the trial and determination of writs of error from the superior courts and of questions certified to i t a s aforesaid. The provisions of this paragraph shall become effective on the first day of January, Anno Domini 1907, but shall not affect cases which on that date are pending in the Supreme Court, except that cases then pending therein of the kind of which the Court of Appeals has jurisdiction may be transferred by the Supreme Court to the Court of Appeals. Any case thereafter carried to the Supreme Court which is of the class of which the Court of Appeals has jurisdiction may be transferred to the Court of Appeals under such rules as the Supreme Court may prescribe, until otherwise provided by law; and the Court of Appeals shall t r y the cases so transferred." The amendment of 1916 changed the above paragraph to read a s shown above.
2-3006. Paragraph VI. Cases, how disposed of. The
Supreme Court and the Court of Appeals shall dispose
of every case at the term at which it is entered on the
court's docket for hearing, as provided by Paragraph 9

of this Article and Section, or a t the next term. If the plaintiff in error shall not be prepared to prosecute the
case at the term a t which it is so entered for hearing-, unless prevented by providential cause, it shall be stricken
from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the
default of the clerk or other cause, unless it shall appear
that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability consequent thereof. (Acts 1943, p. 23, ratified August 3rd, 1943.)
Cross-references.-Disposition of cases a t first term, see Section 6-1601.. Mode of announcing decisions, see Section 6-1606. Dismissal of case for want of prosecution, see Section 24-4536.
2-3007. Parag-rap- h VII. Judgments ma8ybe withheld. In any case the Court may in its discretioi withhold its judgment until the next term after the same is argued.
Cross-references.-When cases are deemed heard, see Section 61603. Order of court requiring additional argument, see Section 6-1604.
2-3008. Paragraph VIII. The Supreme Court Justices; divisions; election; terms of office; vacancies. The Supreme Court shall hereafter consist of a Chief Justice and five associate Justices. The court shall have power to hear and determine cases when sitting either in a body or in two divisions of three judges each, under such regulations as may be prescribed by the General Assembly. A majority of either division shall constitute a quorum for that division. The Chief Justice and the associate Justices of the Supreme Court shall hereafter be elected by the people at the same time and in the same manner as the Governor and the Statehouse officers are elected, except that the first election under this amendment shall be held on the third Wednesday in December, 1896, at

which time one associate Justice shall be elected for a full term of six years, to fill the vacancy occurring on January first, 1897, by the expiration of the term of one of the present incumbents, and three additional associate Justices shall be elected for termst expiring, respectively, Sanuary Ist, 1899, January Ist, 1901, and January lst, 1903. The persons elected as additional associate Justices shall among themselves, determine by lot which of the three last-mentioned terms each shall have, and they shall be commissioned accordingly. After said first election, all terms (except unexpired terms) shall be for six years each. I n case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of said special election shall be made to the Secretary of State. (Acts 1895, p. 15, ratified Oct. 7th71896.)
Cross-reference.-Justices and organization of Supreme Court, see Title 24, Courts, Chapter 24-40.
2-3009. Paragraph IX. Court of Appeals. The Court of Appeals shall consist of the Judges provided therefor by lam a t the time of the ratification of this amendment, and of such additional Judges as the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expiration of the terms of the Judges provided for by law at the time of the ratification of this amendment (except unexpired terms) shall continue six years, and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes an unexpired term, shall be the same as are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of

errors of law from the superior courts and from the city courts of Atlanta and Savannah, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instructions so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the Supreme Court or the Court of Appeals, when received by its clerk during a term of the Court and before the docket of the term is by order of the Court closed, shall be entered thereon, and when received at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for which they are so entered, under such rules as the

Court may prescribe, until otherwise provided by lam.
The Court of Appeals shall appoint a clerk and a sheriff
of the Court. The reporter of the Supreme Court shall
be reporter of the Court of Appeals until otherwise pro-
vided by law. The laws relating to the Supreme Court
as to qualifications and salaries of Judges, the designa-
tion of other Judges to preside when members of the
Court are disqualified, the powers, duties, salaries, fees
and terms of officers, the mode of carrying cases to the
Court, the powers, practice, procedure, times of sitting,
and costs of the Court, the publication of reports of cases
decided therein, and in all other respects, except as other-
wise provided in this Constitution or by the laws as to
the Court of Appeals a t the time of the ratification of
this amendment, and until otherwise provided by law,
shall apply to the Court of Appeals so far as they can be
made to apply. The decisions of the Supreme Court shall
bind the Court of Appeals as precedents. (Acts 1906, p.
24, ratified Nov. 6th, 1906; 1916, pp. 19, 20, ratified Nov.
7th, 1916.)
Cross-references.-Transfer of cases to and from Supreme Court, see Section 24-4527 e t seq. Review of Supreme Court decisions, see Section 24-3645. Certiorari to inferior courts, see Title 19, Certiorari. Certiorari to Court of Appeals, see Section 24-4548 e t seq. Assignment and transfer of Judges, see Section 24-3625. Withholding remittitur where certiorari applied for, see Section 24-3646. Fast bill of exceptions, see Section 6-903.
Editorial Note.-Const., Art. VI, Sec. 11, Par. IX (Section 2-3009), creating the Court of Appeals, was proposed by an Act of 1906 (Acts 1906, p. 24) and ratified November 6, 1906. The first term of this Court was held on the first Monday in January, 1907. Prior to the amendment of 1916 this paragraph provided a s follows as regards the jurisdiction of the Court of Appeals: "The Court of Appeals shall have jurisdiction for the trial and correction of errors in law and equity from the superior courts in all cases in which such jurisdiction is not conferred by this Constitution on the Supreme Court, and from the city courts of Atlanta and Savannah, and such other like courts a s have been or may be hereafter established in other cities, and in such other cases a s may hereafter be prescribed by law, except that where, in a case pending in the Court of Appeals, a question is raised a s to the construction of a provision of the Constitution of this State or of the United States, or a s to the constitutionality of an Act of the General Assembly of this State, and a decision of the question is necessary to the determination of the case, the Court of Appeals shall

so certify to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which after having afforded to the parties an opportunity to be heard thereon, shall in-
. . . struct the Court of Appeals on the question so certified, and the Court
of Appeals shall be bound by the instructions so given the Court of AppeaIs may a t any time certify to the Supreme Court any other question of law concerning which i t desires the instruction of the Supreme Court for proper decision; and thereupon the Supreme Court shall give its instruction on the question certified to it, which shall be binding on the Court of Appeals in such case." The words "or as to which such certificate has been required by the Supreme Court a s hereinbefore provided" appearing near the middle of the above paragraph were added by the amendment of 1916.
Section 111.
Chapter 2-31. Superior Courts.
2-3101. Paragraph I. Terms, etc., of superior court judges. There shall be a Judge of the Superior Courts for each judicial circuit, whose term of office shall be
four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional
judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges1 of such circuits shall dispose of the business thereof, and shall fix the time at which the term or terms of office of such additional judge or judges shall begin, and the manner of liis appointment
or election, and shall have authority from time to time
to add to the number of such judges in any judicial cir-
cuit, or to reduce the number of judges in any judicial circuit: Provided, that at all times there shall be at least one judge in every judicial circuit of this State. (Acts 1905, p. 66, ratified Oct. 3d, 1906.)
Cross-references.-Term of superior court judge, see Section 242601. Assignment where presiding judge disabled, see Sections 242610 and 24-2617. Appointment of judge a t adjourned term, when, see Section 24-2623.
Editorial Note.-There have been certain Acts pursuant to this Section increasing the number of judges in the Atlanta Circuit and Macon Circuit.

2-3102. Paragraph 11. Elections, when to be held. The successors to the present and subsequent incumbents shall be elected by the electors entitled to vote for members of the General Assembly of the whole State, at the general election held for such members, next preceding the expiration of their respective terms: provided, that the
-
successors for all incumbents whose terms expire on or before the first day of January, 1899, shall be elected by the General Assembly at its session for 1898, for the full term of four years. (Acts 1897, p. 16, ratified Oct. 5th, 1898.)
Cross-reference.-Time for election of judges, see Section 24-2602.
2-3103. Paragraph 111. Terms begin, when. The terms of the judges to be elected under the Constitution. except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected. (Acts 1897, p. 16, ratified Oct. 5th, 1898.)
Cross-references.-When elected judges begin their terms, see Section 24-2604. Appointees to unexpired terms hold over, when, see Section 89-503.
Editorial Note.-In the original Constitution of 1877 this paragraph read a s follows: "The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after 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."
Section IV.
Chapter 2-32. Jurisdiction of Superior Courts.
2-3201. Paragraph I. Exclusive jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases

of divorce: in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary, i n cases respecting titles to land, and equity cases.
Cross-references.--Jurisdiction of superior courts, see Section 242615. Equity jurisdiction, see Section 37-101. Granting divorces, see Section 30-101. Ejectment where county line divides land, see Section 33-118. Enjoining actions a t law, see Section 55-103. Uniform procedure Act, see Section 37-901.
2-3202. Paragraph 11. Equity may be merged in common law courts. The General Assembly may confer upon the Courts of common law all the powers heretofore exercised by Courts of equity in this State.
Cross-references.-Venue of equity cases, see Sections 2-4303 and 3-202. Joinder of legal and equitable actions, see Section 81-101.
2-3203. Paragraph 111. General jurisdiction. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided.
2-3204. Paragraph IV. Appellate jurisdiction. They shall have appellate jurisdiction in all such cases as may be provided by law.
2-3205. Paragraph V. Certiorari, mandamus, etc. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necemary for carrying their powers fully into effect, and shall have such other powers as are, or may be conferred on them by law.
Cress-references.-Grounds for quo warranto, see Section 64-201. When certiorari will lie, see Section 19-101. Motion for new trial and certiorari in vacation, see Section 24-2618. Writ of prohibition, see Section 64-301. Writs that superior court judges may grant, see Section 24-2616. Mandamus to enforce official duty, see Section 64-101.
2-3206. Paragraph VI. Appeal from one jury to another. New trials. The General Assembly may provide for an appeal from one jury, in the Superior, and City

Courts, to another, and the said Courts may grant new trials on legal grounds.
Cross-references.-What courts may grant new trials, see Section 70-101. Grant of new trials in criminal cases, see Section 2-201.
2-3207. Paragraph VII. Judgment by the court. The Court shall render judgment without the verdict of a jury in d l civil cases founded on unconditional contracts in writing, where an issuable defense is not filed under oath, or affirmation.
Cross-references.-Statutory provisions, see Sections 24-3335 and 110-406. Form of judgment, see Section 24-3336.
2-3208. Paragraph VIII. Sessions. The Superior courts shall sit in each county not less than twice in each year, at such times as have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, at any time, in vacation, at chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where P jury verdict is not required, or may be waived. (Acts 1939, p. 78, ratified June 6, 1939.)
Cross-references.-Duty of judges to hold courts a s prescribed by law, see Section 24-2609. Statutory provision a s to number of terms, see Section 24-3001. Special terms, see Section 24-3009.
Editorial Note.-The amendment proposed by Acts 1939, p. 78, added the concluding sentence.
2-3209. Paragraph IX. Presiding judge disqualified. The General Assembly may provide by law for the appointment of some proper person to preside in cases wl~ere the presiding judge is from any cause disqualified.
Cross-reference.-Disqualification of judges, see Section 24-2623.
Section V.
Chapter 2-33. Judges of Superior and City Courts.
2-3301. Paragraph I. Judges of superior and city courts may alternate, when. I n any county within whicli

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 jndge of either Court is disqualified to preside.
Cross-references.-Jurisdiction of superior court judges, see Section 24-2613. Uniformity of courts, see Section 2-3701. Authority of judges of city courts t o exchange, see Section 24-2201.
Section VI.
Chapter 2-34. Court of Ordinary
2-3401. Paragraph I. Appeals from ordinary. The powers of a Court of Ordinary and of Probate shall be vested ia an Ordinary for each county, from whose decision tliere may be an appeal, or by consent of parties, without a decision, to the Superior Court under regulations prescribed by law.
Cross-references.-Ordinaries and their courts, see Section 24-1701. Statutory provisions, see Section 6-201.
2-3402. Paragraph 11. Powers. The Courts of Ordinary shall have such powers in relation to roads, bridges, ferries, public buildings7 paupers, county officers, county funds, county taxes and other County matters as may be conferred on them by law.
The court of ordinary shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State in all counties of this State in which tliere is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges, for oEenses arising within their respective jurisdiction. (Acts 1937, p. 1117, ratified June 8, 1937.)

Cross-references.-Jurisdiction over county affairs, see Section 23-701. State Highway Patrol Act of 1937, Acts 1937, pp. 322-355. Amendment to Act creating Highway Patrol, Acts 1943, pp. 196-202.
Editorial Note.-The second paragraph of this section was added by the amendment of 1937.
2-3403. Paragraph 111. Term of office. The Ordinary shall hold his office for the term of four years, and until his successor is elected and qualified.
Cross-reference.-Election and term of office, see Section 24-1702.
Section VII.
Chapter 2-35. Justices of the Peace.
2-3501. Paragraph I. Number and term of office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such furthe; provision for the correction of errors by the superior court, or Court of Appeals, or the

Bupreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court
= so established shall not be subject to the rules of uni-
formity laid down in Paragraph I of Section of Article V I of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty tliousand, and as well in the County of Glynn, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subjectmatter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with ouch provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The municipal court of Atlanta shall have jurisdiction in Fulton county and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section I X of Article V I of the Constitution of Georgia (2-3701). (Acts 1912, p. 30, ratified Oct. 2, 1912; 1914, p. 39, ratified Nov.

3, 1914; 1927, pp. 117, 119, ratified Nov. 6, 1928; 1931, p.
1051, ratified Nov. 8, 1932; 1943, p. 33, ratified Aug. 3,
1943).
Cross-references.-One in each district, see Section 24-401. Division of counties into militia districts, see Section 23-201. Uniformity of courts, see Section 2-3701.

Editorial Note.-The first sentence of the above paragraph down

to the first proviso appeared in the original Constitution of 1877.

The 1912 amendment added the first proviso, which expressly ex-

cepted the city of Savannah from its operation. The 1914 amendment

repealed this exception. The amendment proposed in 1927 and ratified

in 1928 added the last part of the paragraph beginning with the

. . ." second proviso reading, "and provided, however, the General As-

sembly

etc., and added to the end of the paragraph a s set out

above the following: "Provided, that nothin herein contained shall

apply to Richmond County." This proviso was repealed by the amend-

ment proposed in 1931 and ratified November 8, 1932. By Acts 1943,

p. 33, ratified Aug. 3, 1943, the words "and a s well in the County of

Glynn," were inserted.

2-3502. Paragraph 11. Jurisdiction. Justices of the peace shall have jurisdiction in all Civil Cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed two hundred dollars, and shall sit niontllly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the superior court under such regulation as may be prescribed by law. (Amended by Acts 1941,p. 119, ratified June 3, 1941).
Cross-references.-Civil jurisdiction, see Section 24-1001. Appeals allowed from justice courts, see Section 6-101. Appeals to jury, see Section 6-401. Central location for court, see Section 24-601, Paragraph 1. Organization and terms of court, see Title 24, Courts, Chapter 24-9.
Editorial Note.-The amendment of 1941 changed the jurisdictional amount from one hundred dollars to two hundred dollars.
2-3503. Paragraph 111. Elections and commissions. Justices of the Peace shall be elected by the legal voters in their respective districts, and shall be Commissioned by the Governor. They shall be removable on conviction for malpractice in office.
Cross-references.-Election, see Sections 24-401, 34-2701 to 342704. Elections to fill vacancies, see Sections 24-406 to 24-408. Removal on conviction for malpractice, see Section 24-405.

Section VIII.
Chapter 2-36. Notaries Public.
2-3601. Paragraph I. Appointment; number; term; removd. Commissioned Notaries. Public, not to exceed one for each militia district, may be appointed by the Judges of 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 ex-officio Justices of the Peace, and shall be removable on conviction for malpractice in office.
Cross-references.-Appointment and term, see Section 24-501. Division of counties into militia districts, see Section 23-201.
Section IX.
Chapter 2-37. Uniformity of Courts.
2-3701. Paragraph I. Uniformity provided for. 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 a s regulated by lam, and the force and effect of the process, judgment and decree, by such Courts, severally, shall be uniform. This uniformity must be established by the General Assembly.
Cross-references.-Statutory provisions, see Section 24-1101. When superior and city court judges m a y alternate, see Section 2-3301. Convention of judges to make rules of practice, see Section 24-2628. Invalidity of other practice rules, see Section 24-2629. Number a n d t e r m of justices of peace, see Section 2-3501.
Section X.
Chapter 2-38. Attorney General.
2-3801. Paragraph I. Election; term of office. There

shall be an Attorney General of this State, who shall be elected by the people a t the same time, for the same term, and in the same manner as the Governor.
Cross-reference.-Statutory provisions, see Section 40-1601. Editorial Note.-At the general election of June 3, 1941, the people ratified a proposed amendment to Section 2-2602 (Acts 1941, p. 86), by which the term of the Governor was increased to four years, and providing that State officers required by the Constitution to be elected a t the same time a s the Governor should also hold office for four years.
2-3802. Paragraph 11. Duties. It shall be the duty of the Attorney General to act as the legal adviser of the
Executive Department, 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.
Cross-reference.-Statutory provisions, see Section 40-1602 e t seq.
Section XI.
Chapter 2-39. Solicitors General.
2-3901. Paragraph I. Number; term of office; vacancies. There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the whole State, qualified to vote for members of the General Assembly, a t the general election held next precding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled, by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time sucll vacancy occurs, at which election a successor for the unexpired term shall be elected: Provided, that the successors for all incumbents whose terms expire on or be-

fore the first day of January, 1899, shall be elected by the General Assembly a t its session for 1898, for the full term of four years. (Acts 1897, p. 16, ratified Oct. 5th, 1898.)
Cross-references.-Election and term, see Section 24-2902. When appointees to unexpired term hold over, see Section 89-503. Vacancy in office, see Section 24-2903. County officers, see Section 2-8301.
Editorial Note.-This paragraph, prior to the amendment thereof, read a s follows: "There shall be a Solicitor General, for each judicial Circuit, whose official term, except when commissioned to fill a n unexpired term, shall be four years."
2-3902. Paragraph 11. Duties. It 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.
Cross-reference.-Statutory provisions, see Section 24-2908.
Section XII.
Paragraph I. Judges elected by General Assembly; vacancies.
Editorial Note.-This section was repealed by Const. Art. VI, Sec. 11, Par. VIII, a s amended (Section 2-3008), Const., Art. VI, Sec. 111, Par. 11, a s amended (Section 2-3102), and Const., Art. VI, Sec. XI, Par. I, as amended (Section 2-3901).
Section XIII.
Chapter 2-40. Salaries of Justices, Judges, Attorney Generd, and Solicitors General.
2-4001. Paragraph I. Amounts. The Justices of the Supreme Court each shall have out of the treasury of the State salaries of $7,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury

of the State salaries of $7,000 per annum; the judges of
the superior courts each shall have out of the treasury
of the State salaries of $5,000 per annum; the Attorney
General shall have a salary not to exceed $2,000 per an-
num; and the solicitors general each shall have salaries
not to exceed two hundred and fifty dollars per annum;
but the Attorney General shall not have any fee or per-
quisite in any case arising after the adoption of this
Constitution. (Acts 1910, p. 42, ratified Oct. 5, 1910;
1913, p. 30, ratified Nov. 3, 1914; 1916, p. 22, ratified Nov.
7, 1916; 1917, p. 36, ratified Nov. 5, 1918; 1918, p. 94, rati-
fied Nov. 5, 1918; 1920, p. 20, ratified Nov. 2, 1920; 1922,
pp. 24, 26, ratified Nov. 7, 1922; 1925, p. 70, ratified Nov.
2, 1926; 1927, p. 111, ratified Nov. 6, 1928.)
Cross-reference.-Salary of Attorney General, see Section 40-1607.
Editorial Note.-This paragraph originally read a s follows: "The Judges of the Supreme Court shall have, out of the treasury of the State, salaries not to exceed three thousand dollars per annum; the Judges of the Superior Courts shall have salaries not to exceed two 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."
The amendment of 1910 (Acts 1910, p. 42, ratified October 5, 1910) directed the counties of Chatham, Fulton, and Richmond to pay to the superior court judges of their respective circuits, and Fulton county to pay to the judge of the Stone Mountain circuit or judge of such other circuit a s might thereafter be required to regularly preside therein, such sums as would make the salary of each judge $5,000. The amendments of 1913 (Acts 1913, p. 30, ratified November 3, 1914) and 1916 (Acts 1916, p. 22, ratified November 7, 1916) added Bibb, Clarke, Floyd, Sumter, and Muscogee counties to those above set out. The amendment of 1917 (Acts 1917, p. 36, ratified November 5, 1918) fixed the annual salaries of the Supreme Court Justices and Court of Appeal Judges a t $5,000 and the superior court judges a t $4,000, and continued the above provisions of the amendments of 1910 and 1913. The amendment of 1918 (Acts 1918, p. 94, ratified November 5, 1918) required Chatham county to pay the judges of the Eastern circuit $3,000 per annum, and authorized Fulton county to pay the judges of the superior court of that county such sums in addition to the salaries paid by the State a s might be deemed advisable. By the amendment of 1920 (Acts 1920, p. 20, ratified November 2, 1920), the salaries of the Supreme Court Justices and the Judges of the Court of Appeals were fixed a t $7,000 per annuln and those of the superior court judges a t $5,000, the counties of Clarke, Floyd, Sumter, Bibb, and

Richmond, were authorized to supplement superior court judges' salaries by enough to make the amount $6,000 each per annum and Fulton county was authorized to supplement the salary of the judge of the Stone Mountain circuit or the judges of such other circuit a s might thereafter be required to regularly preside therein by such sum a s would make the salary $6,000 per annum. The amendments of 1922 (Acts 1922, pp. 24,26, ratified November 7,1922) authorized Muscogee county to supplement the superior court judges' salaries by enough to make them $6,000 a year, and Richmond county was directed to supplement the said salaries by enough to make them $7,000. The amendment of 1925 (Acts 1925, p. 70, ratified November 2, 1926) authorized Muscogee county to supplement the superior court judges' salaries so a s to bring them to $8,000 each per annum, and by the amendment of 1927 (Acts 1927, p. 111, ratified November 6, 1928) the amount by which Chatham county was required to supplement the salary of the superior court judge of the Eastern circuit was increased from $3,000 to $5,000 a year. The General Assembly, a t the session of 1939 (Acts 1939, p. 79), proposed the following amendment to this section, which was ratified a t the general election held June 6, 1939: "Provided, that the county of DeKalb from and after January 1, 1940, shall pay from its treasury to the superior court judges of the circuit of which i t is a part in addition to the salary paid each judge from the State treasury, the sum of twenty-five hundred dollars per annum to each judge, and said payments are declared to be a part of the court expenses of such county." Pursuant to the general policy of omitting general laws of local application these amendments have not been included. Their omission, of course, has no effect on them as part of the Constitution.
2-4002. Paragraph 11. How salaries may be chmged.
The General Assembly may, at any time, by a two-thirds
vote of each branch, prescribe other and different sal-
aries for any, or all, of the above officers, but no such
change shall affect the officers then in commission: Pro-
vided, however, that the General Assembly shall have
power, a t any time, by a majority vote of each branch,
to abolish the fees a t present accruing to the office of
solicitor general in any particular judicial circuit, and
in lieu thereof to prescribe a salary for such office, in
addition to the salary prescribed in paragraph I of this
Section, and withont regard to the uniformity of such
salaries in the various circuits; and ~ l l a l lhave the fnr-
ther power to determine mliat disposition shall be made
of the fines, forfeitures, and fees accruing to the office of
solicitor general in any such judicial circuit where tlie
.fees are abolished. (Acts 1916, .p. 24, ratified Nov. 7th,
1916.)

Editorial Note.-Prior to the amendment of 1916, this paragraph read a s follows: "The General Assembly may, a t any time, by twothirds vote of each branch, prescribe other and different salaries for any, or all, of the above officers, but no such change shall effect the officers then in Commission."
Section XIV.
Chapt'er2-41. Qualifimtion of Judges, Etc.
2-4101. Paragraph I. Age; citizenship; practice of law. No person shall be Judge of the Supreme or Su-
perior Courts, or Attorney General, unless,, 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 a t the time of his election he shall have attained twentyfive 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.
Cross-references.-Statutory provisions as to solicitors general, see Section 24-2901. Who eligible a s judges of superior courts, see Section 24-2603.
Section XV,
Chapter 2-42. Divorce.
2-4201. Paragraph I. Concurrent verdicts of two juries. No total divorce shall be granted, except on the
concurrent verdicts of two Juries, at different terms of the Court.
Cross-reference.-Granting of total and partial divorces, see Section 30-101.
2-4202. Paragraph 11.. Last jury to determine rights .
and disabilities. When a divorce is granted, the Jury

rendering the final verdict shall determine the rights and disabilities of the parties.
Cross-reference.-Determining disabilities when divorce is granted, see Section 30-122.
Section XVI.
Chapter 2-43. Venue.
2-4301. Paragraph I. Divorce cases. Divorce cases shall be brought in the county where the defendant resides if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides; provided, that any person -\vliohas been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation. (Acts 1943, p. 68, ratified August 3rd, 1943.)
Cross-references.-Residence of petitioner, see Section 30-107. Proceedings for divorce, see Section 30-105. Service by publication, see Section 81-204 et seq.
Editorial Note.-By the Acts of 1943, p. 68, ratified August 3, 1943, the proviso was added.
2-4302. Paragrapli 11. Land titles, Cases respecting
titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have Jurisdiction.
Cross-references.-Venue of claims against property to be sold by executors, see Section 113-1802. Venue of land title suits, see Section 3-203.
2-4303. Paragraph 111. Equity cases. Equity cases shall be tried in the county where a defendant resides ag- ainst whom substantial relief is prayed.
Cross-references.-Equity jurisdiction in superior courts, see Section 37-101. Service on nonresidents, see Section 81-204 e t seq. EX-

elusive jurisdiction of superior courts, see Section 2-3201. Venue of equitable proceedings, see Section 3-202.
2-4304. Paragraph IV. Suits against joint obligors, co-partners, etc. Suits against Joint obligors, Joint promissors, copartners, or Joint trespassers, residing in different counties, may be tried in either county.
Cross-references.-Venue of such suits, see Section 3-204. Proceedings as to such suits, see Title 3, Actions, Chapter 3-3. Suits for false imprisonment, a s joint act of several, see Section 105-903. Procurer is joint wrongdoer, see Section 105-1207.
2-4305. Paragraph V. Suits aga,instmaker, endorser, etc. 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.
Cross-references.-Statutory provisions, see Section 3-205. Service of copy of petition and process in such actions, see Section 3-303. Action against representative of obligor who signed note, see Section 3-305. Several joint obligors sued, where one dies pending action, see Section 3-301.
2-4306. Paragraph VI. All other cases. 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 in such county.
Cross-references.-Venue in civil cases a t law, see Section 3-201. Change of venue in civil cases, see Section 3-207. Venue in criminal cases, see Sections 27-1101, 27-1201 et seq. Service on nonresidents, see Section 81-204 e t seq.
Section XVII.
Chapter 2-44. Change of Venue.
2-4401. Paragraph 1. Power to change venue. 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.
Cross-references.-Change of venue i n civil cases, see Section 3207; in criminal cases, see Section 27-1201.
Section XVIII.
Chapter 2-45. Jury Trials..
2-4501. Paragraph I. Right of trial by jury. The riglit of trial by jury, except where it is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or tra,verse jury, except in the Superior, & City Courts.
Cross-references.-Jury trial of f a c t s on exceptions t o auditor's report in law case, see Section 10-402; auditor's report in equity case, see Section 37-1103. Where jury verdict unnecessary on interlocutory decrees, see Section 37-1101. Cases founded upon unconditional contracts in writing, see Section 2-3207. Federal Constitution provisions, see Sections 1-304, 1-806, 1-807.
2-4502. Paragraph 11. Selection of jurors. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors.
2-4503. Paragraph 111. Compensation of jurors. It
shall be the duty of the General Aseembly by general laws to prescribe the manner of fixing cornpensation of jurors in all counties in this State.
Section XIX.
Chapter 2-46. County Commissioners.
2-4601. Paragraph I. Power to create county commissioners. The General Assembly shall have power to pro-

vide for the creation of county commissioners in such counties as may require them, and to define their duties.
Cross-references.-Methods of contracting with counties, see Section 23-1701 e t seq. Counties a s corporate bodies, see Sections 2-8201, 23-1501. Suits against counties, see Section 23-1503. Uniformity in county offices, see Section 2-8401. Ordinary sitting f o r county purposes, see Ch. 23-7.
Section XX.
Chapter 2-47. What Courts May Be Abolished. 2-4701. Paragraph I. Power to abolish courts. 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.
Cross-reference.-Enumeration of courts, see Section 2-2901.
Section XXI.
Chapter 2-48. Supreme Court Costs.
2-4801. Paragraph I. Amount. Pauper olath. The costs in the Supreme Court shall not exceed ten dollars, until otherwise provided by law. Plaintiffs in error shall not be required to pay costs in said Court when the usual pauper oath is filed in the Court below.
Cross-references.-Costs taxed by clerk, see Section 24-4105. Liability of attorney f o r costs, see Sections 6-1704, 24-4106, 24-4522. Affidavit in forma pauperis, see Section 6-1004
Editorial Note.-By Act of 1921, costs in Supreme Court and Court of Appeals fixed a t $15; see Section 6-1702.

Article VII.
Finance, Taxation, and Public Debt.
Section I.
Chapter 2-49. Power of Taxation.
2-4901. Paragraph I. Taxation, how and for what purposes exercised. The powers of taxation over the whole State shall be exercised by tlze General Assembly for the following purposes, only:
For the support of the State Government and the public institutions.
For educational purposes in instructing children in the elementary branches of an English education only.
To pay the interest on the public debt. To pay the principal of the public debt. To suppress insurrection, to repel invasion, and defend the State in time of war. To supply the soldiers who lost a limb or limbs, in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otlierwi~edisabled or permanently injured in such service, or who may, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, be unable to provide a living for themselves, and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from mounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves: Provided, that the Act shall only apply to such widows as were married a t the time of such
81

ARTICLVEI1.-FINANCET, AXATIOENTC, . POWEROF TAXATION
service, and have remained unmarried since the death of such soldier husband.
To make provisions for the payment of pensions to any ex-Confederate soldier, residing in this. State Janua r y 1, 1920, who enlisted in the military service of the Confederate States during the Civil W a r between the States of the United States, and who performed actual military service in the armies of the Confederate States or of the organized militia of this State and mas honorably discharged therefrom; and to widows now residents of this State, of ex-Confederate soldiers who enlisted in the military service of the ~ o n f e d e r a t e ' s t a t e sand who performed actual service in the armies of the Confederate States or of the organized militia of this State, vho died in said military service, or mere honorably discharged therefrom, who were married prior to January 1, 1920. No widow of a soldier Billed during the war shall be deprived of her pension by reason of having subsequently married another veteran wlro is dead, unlets she is receiving pension on account of being the widow of such second husband. Any soldier doing service in the Confederate army, whether he belonged to the Confederate army or whether he belonged to the militia of any Confederate State and served with the Confederate army, shall be eligible to draw a pension.
To construct and maintain a system of State Highways.
To authorize the levy of taxes for, and to make provision for the payment of old-age assisatance to a-ged persons in need, and for tile payment of assistance to the needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitlecl to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments).of the General Assembly, which may be in force and effect, prescribing the qualifications for hene-

ficiaries hereunder : Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder.
To advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State of Georgia through any office or agency which may be created or designated by the General Assembly to carry out said purposes. (Acts 1884-5, p. 37, ratified Oct. 6, 1886; 1888-9, p. 39, ratified Oct. 1, 1890; 1893, p. 19, ratified Oct. 3, 1894; 1899, p. 19, ratified Oct. 9, 1900; 1908, p. 34, ratified Oct. 7, 1908; 1918, p. 96, ratified Nov. 5, 1918; 1918, p. 98, ratified Nov. 5, 1918; 1920, p. 23, ratified Nov. 2, 1920; 1926, Extra. Sess., p. 33, ratified Nov. 2,1926; 1937, p. 1118, ratified June 8,1937; 1937, p. 1126, ratified June 8, 1937; 1941, p. 16, ratified June 3, 1941.)
[To authorize the levy of taxes for, and to make provision for the payment of benefits and other cost under 21 teacher's retirement system of Georgia, provided that no person shall be entitled to the benefits herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder; provided no indebtedness against the State s?all ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder. (Acts 1943, p. 62, ratified Aug. 3, 1943.)]
Editorial Note.-The provision enclosed in brackets above was submitted as an amendment to Paragraph I, Section I, Article VII (Code Section 2-4901) under a Resolution approved Feb. 26, 1943 (Acts 1943, pp. 62-63), and by vote of the people Aug. 3, 1943, was adopted. However, by a later Resolution of the General Assembly of 1943 (Acts 1943, pp. 64-66), approved March 18, 1943, the Resolution approved Februa r y 26, 1943, was specifically repealed. The Resolution of March 18,

ARTICLEV\III.--~INANCTEA, XATIONET,C. POWEORF TAXATION
1943, proposed an amendment of Article VII of the Constitution of Georgia by adding thereto a new Section to be known as Section
XVIII, to read a s shown under Article VII, Section XVIII. Query -
Is an Amendment to the Constitution submitted on a repealed Resolution, and voted on favorably by the people, a part of the Constitution? See Article XIII, Section I, Paragraph I of the Constitution of Georgia, (Code Section 2-8601) ; 136/313; 142/647-650.
Cross-reference.-Confederate pensions, see Title 78, Pensions,
Chapter 78-2.
Editorial Note.-The provisions relating to Confederate soldiers originally read a s follows: "To supply the soldiers who lost a limb, or limbs in the military service of the Confederate States with substantial artificial limbs during life." By the amendment proposed October 19, 1885 (Acts 1884-5, p. 37), and ratified October 6, 1886, the following words were added to that provision: "And to make suitable provision for such Confederate soldiers as may have been permanently injured in such service." The amendment proposed November 4,1889 (Acts 1888-9, p. 39), and ratified October 1,1890, added to the end thereof the following words: "And for the widows of such Confederate soldiers a s may have died in the service of the Confederate States, or since from wounds received therein or disease contracted during the service: Provided, that this Act shall only apply to such persons a s were married a t the time of such service, and have remained unmarried since the death of such soldier husband." The amendment proposed by an Act approved December 19, 1893 (Acts 1893, p. 19) and ratified October 3, 1894, added the words "or who, by reason of age and poverty, or blindness and poverty, are unable to provide a living for themselves." The amendment proposed by the Act approved December 20, 1899 (Acts 1899, p. 19) and ratified Oc-
tober 9, 1900, added before the words "blindness and poverty," the words "or infirmity and poverty." By the amendment of 1908 a provision was added reading a s follows: "To make provision for the payment of pensions to any ex-Confederate soldier, now resident of this State, who enlisted in the military service of this State, or who enlisted in the military service of the Confederate States, during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States, or the organized militia of this State, and was honorably discharged there-
from; and to widows, now residents of this State, of ex-Confederate soldiers, who enlisted in the military service of this State, or who enlisted in the military service of the Confederate States, and who performed actual service in the armies of the Confederate States, or of the organized militia of this State, who died in said military service, or was honorably discharged therefrom. Provided that no person shall be entitled to the provisions of this Constitutional amendment the total value of whose property, of every description, including money and choses in action, shall exceed $1,500, and provided further, that only those widows who were married to such soldier or ex-soldier previous to the year 1870 shall be entitled to the provisions of this Constitutional amendment. No widow of a soldier killed during the war shall be deprived of her pension by reason of having subsequently married another veteran who is dead, unless she receives a pension on account of being the widow of such second husband." By the 1918 amendment proposed by the Act approved August 17, 1918 (Acts 1918, p. 96), the provision, "That no person shall be entitled to the provision of this Constitutional amendment the total value of whose

property of any description shall exceed fifteen hundred dollars," was stricken out. By the 1918 amendment proposed by the Act approved August 20, 1918 (Acts 1918, p. 98), the same provision was stricken out, and also the expression, "who were married prior to January 1, 1881" was inserted in lieu of the provision, "That only those widows who were married to said soldiers or ex-soldiers previous to the year 1870 shall be entitled to the provision of this Constitutional amendment." The amendment of 1920 struck out the expressions "now resident" and "now residents" referring respectively to ex-soldiers and widows of ex-soldiers, and inserted in lieu thereof the expression "residing in this State January lst, 1920." By the amendment of 1926 the provision, "To construct and maintain a system of State Highways," was added. The amendment proposed by Acts 1937, p. 1118, was to amend the paragraph of the above section with reference to the widows of Confederate soldiers so a s to make the same apply to such widows who married a t any time before January 1, 1920, striking "January 1, 1881," and substituting "January 1, 1920," in lieu thereof. The paragraph, authorizing levying of taxes for payment of assistance to aged persons, to needy blind, to dependent children, and other welfare benefits, was added by the amendment proposed in Acts 1937, p. 1126. Both amendments were ratified a t the general election of June 8, 1937. The paragraph relating to advertising and promoting the agricultural, etc., resources of the State, was added by the amendment proposed in Acts 1941, p. 16.
2-4902. Paragraph 11. Levy of taxes limited. The levy of taxes on property for any one year by the General Assembly for all purposes,, except to provide for repelling invasion, suppressing insurrection, or defending the State in time of war, shall not exceed five mills on each dollar of the value of the property taxable in the
State. (Acts 1903, p. 21, ratified Oct. 5th, 1904.)
Section 11.
Chapter 2-50. Taxation and Exemptions.
2-5001. Paragraph I. Uniformity, etc.; classification of property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation hall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property, and one or more classes of intangible

personal property including money. The General Assembly shall have the power to classify property includ-
ing money for taxation, and to adopt different rates and
different methods for different classes of such property. (Acts 1937, p. 39, ratified June 8, 1937.)
Cross-references.-Sovereign right of taxation, see Section 2-2401. Taxable property, see Section 92-101.
Editorial Note.-The amendment proposed by Acts 1937, p. 39, struck the original Paragraph I and inserted the above in lieu thereof. The amendment was ratified a t the election held June 8, 1937.
The General Assembly, a t the 1941 Session, proposed a local amendment to this section, which was ratified a t the general election June 3, 1941, as follows: "Except that the city of Macon, in the discretion of its governing body, may, with respect to any territory hereafter acquired, and for a period not exceeding ten (10) years from the date of such acquisition, levy an annual property tax of a less and varying amount than that levied with respect to its present corporate limits, such annual levy to be commensurate with the municipal benefits and improvements extended to such newly acquired territory and inhabitants, to be judged of in the sole and exclusive discretion of such governing body."
2-5002. Paragraph 11. Exemptions. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial; all institutions of purely public charity; all buildings erected for
and used as a college, incorporated academy, or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies or seminaries of learning, provided the same
is not invested in real estate; and provided, further, that said exemption shall only apply to sucli colleges, incor-
porated academies or other seminaries of learning as are open to the general public; provided, further, that all endowmentss to institutions established for white people
shall be limited to white people, and all endowments to
institutions established for colored people shall be limited to colored people; the real and personal estate of any
public library, and that of any otlier literary association, used by or connected with such library; all books and
philosophical apparatus; and all paintings and statuary

of any company or association, kept in a public hall, and not held as merchandise or for purposes of sale or gain; provided, the property so exempted be not used for purposes of private or corporate profit and income. The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton, grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production.
There is hereby exempted of owners, beginning January 1,1938, from all ad valorem taxation, State, county, municipal, and school district, all clothing, household,
.
and kitchen furniture and all other personal property except as hereafter excepted, not to exceed $300 in actual value: Provided the person or persons herein entitled to exemption shall register such exemption of personalty, giving a full description thereof, upon such forms, terms and manner as shall be prescribed by the General Assembly of Georgia: Provided further that the value of the property in excess of said exempted personal property shall be subject to taxation, as now or hereafter provided by law. The words "personal property" or "personalty" wherever used in this bill, shall be defined as personal property used and included solely within the home, domestic animals, tools and implements of trade of manual laborers. This exemption shall not include motor vehicles.
There is hereby exempted from all taxation, State, county, municipal, school district, and political or territorial subdivision of the State having the authority to levy taxes, all cooperative, nonprofit, membersliip corporations organized under the lams of this State for the purpose of engaging in rural electrification, as defined in subsection 1of Section 3 of the Act approved March 30, 1937 [Section 34A-1031, providing for their incorporation,

and all of the real and personal property owned or held
by such corporations for such purposes. The exemption
herein provided for shall expire twenty years from Janu-
ary 1,1942.
There shall be exempt from all ad valorem intangibles
taxes in this State the common voting stock of a subsidi-
ary corporation not doing business in this state, if at
least ninety per cent of such common voting stock is
owned by a Georgia corporation with its principal place
of business located in this State and was acquired or is
held for the purpose of enabling the parent company to
carry on some part of its established line of business
through such subsidiary. (Acts 1912, p. 36, ratified Nov.
5,1912; 1917, p. 39, ratified Nov. 5, 1918; 1937, p. 38, rati-
fied June 8, 1937; Acts 1941, p. 84, ratified June 3, 1941;
Acts 1943, p. 60, ratified August 3, 1943.)
Cross-reference.-Tax exemptions, see Title 92, Public Revenue, Chapter 92-2.
Editorial Note.-This paragraph, prior to the 1912 amendment, read as follows: "The General Assembly may by law exempt from taxation all public property, places of religious worship, or burial, all institutions of purely public Charity, all buildings, erected for & used a s a College, incorporated academy, or other seminary of learning, the real & personal estate of any public library and that of any other literary association used by, or connected with such library, all books and philosophical apparatus, and all paintings & statuary of any company, or association kept in a public hall & not held a s merchandise, or for purposes of sale, or gain; provided the property so exempted be not used for purposes of private, or Corporate profit, or income." The 1912 amendment added the sentence: "The General Assembly shall further have power to exempt from taxation, farm products, including baled cotton, grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production." By the amendment ratified November 5, 1918, the paragraph was changed to read a s set out in the first subparagraph above.
The exemption of $300 of personalty was added to this section by the amendment of 1937; the amendment of 1941 added the paragraph on cooperative membership corporations.
The General Assembly, a t the 1941 session, proposed a local amendment to this section, which was ratified a t the general election of June 3, 1941, a s follows: "The City of Macon, in the discretion of its governing body, may, in respect to any taxable year subsequent t o 1941, and for a maximum period of five (5) years from the date such exemption is made effective, exempt from municipal ad valorem tax any new buildings, machinery or equipment therein and any additions to present buildings, machinery or equipment therein, to the extent

of the increased value represented by such buildings, machinery or equipment or additions thereto, this exemption not extending to the land upon which such buildings, machinery or equipment may be located or to mere replacements. The city of Macon is herewith empowered to make provisions for the operation of this paragraph by appropriate ordinances or resolutions."
The amendment of 1943 added the last subparagraph above, exempting certain corporate stock.
2-5003. Paragraph 2-a. Exemption of certain industries from taxation for five-year period. Any person,
natural or artificial, a resident of this State, who may after January 1st) 1924, build, equip, establish or enlarge a plant for the man~~factuorer processing of cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or nonmetallic mineral or combination of same, creamery or cheese plant; or for the production or development of electricity, may, as to such building, enlargement, or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five years from the date of the beginning of the building, enlargement or equipment of such plants. The legislature is herewith empowered to make provisions for the operation of this paragraph by appropriate legislation,. p- rovided such exemptions sEiall be approved by a majority of the electors voting in such county, incorporated town or city proposing said exemption. (Acts 1923,Extra Sess., p. 67, ratified Nov. 4,1924.)
Cross-reference.-Elections for exemptions under this section, see Sections 92-206 to 92-218.
2-5004. Paragraph 111. Poll Tax. No poll tax shall
be levied except for educational purposes, and such tax shall not exceed one dollar annually upon each poll.
Cross-reference.-Poll tax by municipality, etc., see Section 92-108.
2-5005. Paragraph I V . Laws exempting property void. All laws exempting property from taxation other
than the p- roperty herein enumerated shall be void.
Cross-references.-Exemption of property, see Sections 92-206 to 92-218.

2-5006. Paragraph V. Tax on corporations. The
-power to tax corporations, and corporate property shall not be surrendered, or suspended by any cont,ract, or grant to which the State shall be a party.
Cross-references.-Prohibition of grants, etc., restraining power of taxation, see Section 2-2401. Regulation of corporations, see Sections 2-2501 to 2-2507.
2-5007. Paragraph VI. Return6 to Com-ptroller General. All persons or classes of persons who were, by laws of force January lst, 1911, required to make returns for taxation to the Comptroller General, and all who may hereafter be so required, shall, on or before the first day of March of each year, make such returns as of date of January 1st of that year, and sliall pay the taxes arising on such returns in favor of the State on or before the first of September of the same year, anything heretofore contained in the Constitution or laws of Georgia to the contrary notwithstanding. The laws of force on said date governing such returns and payments, and the collection and enforcement thereof shall remain of force a s applicable to the returns and payments herein required until the same shall be changed by law. The General Assembly shall have power to make or alter all laws that may be necessary or: proper for enforcing the provisions of this paragraph. (Acts 1911, p. 51, ratified Oct. 2, 1912.)
Cross-references.-Railroad company reports, see Section 92-2701. Date of returns of railroad, insurance, and express companies, and agents of foreign companies, see Section 92-5901. Returns of insurance companies to embrace what, see Section 92-5905. Returns of holders of franchises, see Section 92-2303.
2-5008. Paragraph VII. Exemptions of homestead. Beginning January 1,1938, there shall be exempted from all ad valorem taxation for State, county, and school purpos'es, the homestead of each resident of this State actually occupied by the owner as a residence and homestead, to the value of $2,000, and only so long as actually occupied by the owner primarily as such, with the excep-

tion of taxation to pay interest on and retire bonded indebtedness. Such value to be determined in such manner and according to such rules and regulations as may be prescribed by law. The General Assembly may from time to time, as the condition of fiscal affairs of the State, counties, or schools may warrant, lower said exemption to not less than $1,250. (Acts 1937, p. 1122, ratified June , 8, 1937.)
Editorial Note.-This is an entirely new paragraph, proposed by Acts 1937, p. 1122, and ratified June 8, 1937.
Section 111.
Chapter 2-51. State Debt.
2-5101. Paragraph I. Purposes for which contracted. No debt shall be contracted by, or on behalf of the State, except to supply such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the Eum of three million, five hundred thousand dollars for the payment of the publicschool teachers of tlie State only. The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation, and the interest paid thereon to be paid each year out of the general funds of the State. (Acts 1911, p. 49, ratified Oct. 2,1912; 1926, Extra. Sess., p. 31, ratified Nov. 2, 1926.)

Cross-references.-Authentication of State bonds and certificates, see Section 87-101. Purposes for which taxes may be levied, see Section 2-4901.
Editorial Note.-This paragraph, prior to the amendment ratified October 2, 1912, read a s follows: "No debt shall be contracted by, or on behalf 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 public debt, but the debt created to supply deficiencies in revenue shall not exceed in the aggregate two hundred thousand dollars." That amendment struck from this paragraph the words "casual deficiencies of revenues" and substituted in lieu thereof the words "such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year," and struck therefrom the words "two hundred thousand dollars" substituting in lieu thereof the expression, "five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan is made." The last two sentences were added by the amendment of 1926.
Section IV.
Chapter 2-52. Debt Contracted How.
2-5201. Paragraph I. Form of laws to borrow money. All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose for which the money is to be used and the money so obtained shall be used for the purpose specified and for no other.
Section V.
Chapter 2-53. State Aid.
2-5301. Paragraph I. State aid forbidden. The
credit of the State shall not be pledged or loaned to any individual company, corporation or as~ociationand the State shall not become a joint owner or stockholder in any company association or corporation.

Section VI.
Chapter 2-54. Purposes of Taxation by Counties, Munici-
pal Corporations, and P o l i t i d Divisions
2-5401. Paragraph I. Restrictions on counties, cities, and political divisions. 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, com-
pany, association, institution or individual except for
purely charitable purposes. This restriction shall not op-
erate to prevent the support of schools by municipal cor-
porations within their respective limits, provided that if
any municipal corporation shall offer to the State any
property for locating or building a capitol, and the State
accepts mch offer, the corporation may comply with such
offer.
Cross-references.-Election on issue of bonds, see Title 87, Public Finance, Chapter 87-2. Maintenance of public library, see Section 32-2701. Charitable trusts, see Title 108, Trusts, Chapter 108-2. Local taxation for public schools, see Section 2.6901. Levy of county taxes, see Title 92, Public Revenue, Chapter 92-37. Purposes for which county taxes may be assessed, see Section 92-3701. Limitation of city's right of taxation, see Sections 92-4101 to 92-4106.
Editorial Note.-At the 1939 session (Acts 1939, p. 31), the General Assembly proposed an amendment to this section, ratified a t the general election of June 6, 1939, authorizing the city of Fitzgerald to levy a tax not to exceed one mill for purpose of raising a fund for use in assisting, promoting, and encouraging the location of new industries therein, and for the purpose of advertising the city.
A t the 1941 session (Acts 1941, p. 160), the General Assembly proposed an amendment to this section, ratified a t the general election of June 3, 1941, authorizing the mayor and aldermen of Savannah to appropriate and pay the sum of $50,000 to the National Gypsum Company a s part of the cost of constructing a wharf on the Savannah River.
A t the 1943 session (Acts 1943, p. 24) the General Assembly proposed an amendment to this section, ratified August 3, 1943, authorizing the Board of Commissioners of Roads and Revenues of Fulton County and the proper authorities of the City of Atlanta to make appropriations from County and City funds not derived from taxation to advertise and promote agricultural resources, etc.

2-5402. Paragraph 11. Taxing power of counties limited. 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; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay sheriffs and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, diseases, and health, and to pay county agricultural and home demonstration agents; to provide for fire protection of forest lands, and for the further conservation of natural resources; to provide for pay-
ment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and
to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does not qualify for sdch assistance in every respzct in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder. (Acts 190.8, p. 33, ratified Oct. 7, 1908; 1910, p. 45, ratified Oct. 5, 1910; 1926, Extra Sess., p. 30, ratified Nov. 2, 1926; 1937, pp. 1124, 1128, ratified June 8, 1937; 1937-38Ex. Sess., pp. 28, 39, ratified Nov. 8, 1938.)
Cross-references.-Levy of extra tax by ordinary, see Section 923713. Statutory provisions, see Title 92, public' Revenue, Chapters 92-37, 92-38.
Editorial Note.-Prior to the amendment of 1908, this paragraph read a s follows: "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 education 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 expenses of Courts, to support paupers, and pay debts heretofore existing." That amendment added the provision "to pay the county police, and to provide for necessary sanitation." The amendment of 1910 struck

ARTICLVEI1.-FINANCE, TAXATIOENTC, . PURPOSEOFSTAXATIOENTC,.
from the paragraph the expression "in instructing children in the elementary branches of a n English education only." The amendment pro.posed by Acts 1926, E x t r a Sess., p. 30, added the expression, "and for the collection and preservation of records of birth, death, disease, and health."
An amendment proposed by Acts 1926, Extra. Sess., p. 20, and ratified November 2, 1926, added to this paragraph a provision authorizing any county having within its boundaries a city of not less than 200,000 population, to levy a t a x not exceeding one mill for educational purposes. Pursuant to the general policy of omitting general laws of local application, the amendment has not been included in this Section. Its omission, of course, has no effect on i t a s a p a r t of the Constitution.
The amendment proposed by Acts ,1937, p. 1128, inserted in the above paragraph the authority to levy taxes "to pay county agricultural and home demonstration agents." I t was ratified a t the general election held June 8, 1937.
Acts 1937, p. 1124, added the provision with regard to assistance to aged persons, to the needy blind, and to dependent children. The preamble of the resolution proposing this amendment properly refers to Paragraph 2, Section 6, Article 7 of the Constitution, but in the first section i t is recited that Paragraph 1 is to be amended. I n reciting how the ballots on the question of ratification shall read, the paragraph is again correctly referred to a s Paragraph 2. The resolution a s i t appears in the Acts of 1937 follows the enrolled resolution, which contains the same improper reference to Paragraph 1. I t was ratified a t the general election held June 8, 1937.
The local amendment proposed by Acts 1926, Extra Sess., p. 20, authorizing any county having within its boundaries a city of not less than 200,000 population, to levy a t a x not exceeding one mill for educational purposes, was amended by Acts 1937, p. 18, increasing the amount to 1 % mills on all taxable property throughout the entire county, including territory embraced in independent school systems. This amendment was ratified June 8, 1937.
Acts 1937, p. 16, proposed an amendment adding to the above para- I graph a provision authorizing the General Assembly to enact laws to permit Chatham county to create a retirement fund and a system of retirement pay for county employees and levy taxes for that purpose, and to enact laws establishing rules of tenure of office for such employees. This amendment was ratified June 8, 1937.
Acts 1937, p. 1129, proposed a n amendment to this section authorizing Ware county to levy a tax not to exceed one mill on all taxable property for the purpose of creating a fund to be set aside and used exclusively in assisting, promoting, and encouraging the location of new industries in the county. Acts 1937, p. 1131, granted to the city of Waycross in Ware county authority to levy a tax of one mill for a similar purpose. Both of these proposals were ratified a t the election held June 8, 1937.
The General Assembly, a t the extraordinary session of 1937-38, proposed to amend this paragraph by inserting after the clause, "and to pay county agricultural and home demonstration agents," the following: "and to provide for fire protection of forest lands, and for the further conservation of natural resources." (Acts 1937-38, EX. Sess., p. 28.) I t was also proposed to amend this paragraph by adding the following: "To provide medical or other care and hospitalization for the indigent sick p e ~ p l eof the county." (Acts 1937-38, EX.

Sess., p. 39.) In reciting how the paragraph a s amended shall read, no mention is made in either of these proposals of the amendments of 1937 which were ratified, June 8, 1937, authorizing counties to levy taxes for the payment of county agricultural and home demonstration agents, and for assistance to aged persons, the needy blind, dependent children, and other welfare benefits. The two amendments were ratified a t the general election of November 8, 1938.
Acts 1939, p. 36, proposd an amendment to this section, which was ratified a t the general election held June 6, 1939, authorizing the General Assembly to enact laws creating a civil service commission and civil service system and/or merit system for employees of Fulton county and for employees and deputies of Fulton county officers.
Acts 1939, p. 39, proposed an amendment to this section, authorizing the General Assembly to enact laws to create a retirement and pension fund and system of retirement pay for employees of Fulton county. The amendment was ratified a t the general election held June 6, 1939.
A t the 1943 Session of the General Assembly (Acts 1943, p. 48) an amendment to this paragraph was proposed, and the same was ratified a t the general election August 3, 1943, authorizing the General Assembly to enact laws authorizing Richmond County to create a retirement fund, etc. Also the 1943 Session of the General Assembly (Acts 1943, p. 2 0 ) , which was ratified a t the general election August 3, 1943, authorized a n additional tax levy for educational purposes by DeKalb County authorities.
2-5403. Paragraph 111. Contracts by counties and
municipal corporations with each other or with public agencies, public corporations or authorities; conveyance
of existing facilities to public agencies, public corpora-
tions or authorities; hospitalization facilities. (a) Any , city, town, municipality or county of this State may con-
tract for any period not exceeding thirty years with each
other or with any public agency, public corporation or
authority now or hereafter created for the use by such
subdivisions or the residents thereof of any facilities or
services of any such city, town, municipality, county,
public agency, public corporation or authority, provided
such contracts shall deal with suclz activities and trans-
actions as such subdivisions are by law authorized to
undertake.
(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts
authorized by the preceding paragraph, to convey to
any public agency, public corporation or authority now

or hereafter created existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this seetion shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for tlie cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and the cost to such public agency, public corporation or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources. (Acts 1941, p. 50, ratified June 3, 1941.)
Editorial Note.-The above is a new paragraph.
Section VII.
Chapter 2-55. Limitation on County and Municipal Debts.
2-5501. Paragraph I. Debt of counties and cities not.

to exceed seven per cent.;exceptions. 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 exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of two-thirds of the qualified voters thereof, voting a t an election for that purpose to be held as prescribed by law: Provided, said twothirds so voting shall he a majority of the registered voters, and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any and all bond issues by such connties, municipal corporations or other political divisions made prior to January lst, 1918, shall not be affected hereby. But any city the debt of which does not exceed seven per centum of the assessed value of the taxable property a t the time of the adoption of this Constitution may be authorized by law to increase a t any time the amount of said debt three per centum upon such assessed valuation. (Acts 1918, pp. 99,100, ratified Nov. 5, 1918.)
Provided, further, that revenue anticipation obligations may be issued by any county, municipal corporation, or political sub-division of this State to provide funds for the construction, in whole or in part, of any revenue-

producing facility which such county, municipal corporation or political sub-division is authorized by the Act of the General Assembly approved March 31, 1937, known as the "Revenue Certificate Lams of 1937," as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility. Such revenue anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political sub-division, and shall not be deemed debts of, or to create debts against, the issuing political sub-division within the meaning of this paragraph. or any other of this Constitution. This proviso shall apply only to revenue anticipation obligations issued to provide funds for the construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and no such issuing political sub-division of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any sucli revenue anticipation obligations or any part thereof. (Acts 1943, pp. 47, 48, ratified August 3, 1943.)
Cross-reference.-Destruction of unsold bonds, see Sections 87-206, 87-207.
Editorial Note.-This section has been amended 124 times, or more, for local purposes, and such amendments, although constituting a part of this paragraph, are not set out here, but the same may be found through the references set out in the editorial notes of the Annotated Code and Supplement.
2-5502. Paragraph 11. County and city bonds, how paid. Any county municipal corporation or political di-
vision of this State which shall incur any bonded indebtedness under the provisions of this Constitution shall a t or before the time of so doing provide for the assessment and collection of an annual tax sufficient in amount to

pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness.
Cross-references.-Election on issue of county and municipal bonds, see Section 87-201 e t seq. Validation of county or municipal bonds by holder, see Title 87, Public Finance, Chapter 87-4. Annual sinking fund for debts other than bonded debt, see Section 87-605. Investment of sinking funds of lnunicipalities and counties, see Title 87, Public Finance, Chapter 87-7.
Section VIII.
Chapter 2-56. Assumption of Debts.
2-5601. Paragraph I. Assumption of debts forbidden; exceptions. The State shall not assume the debt, nor any
-
part thereof, of any county, municipal corporation, or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection, or defend itself in time of war: Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State, as contemplated and defined by article six, section one, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State aid roads of the highway system of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word "indebtedness" as used herein shall include the actual cost of the construction and/or paving, by any county of the State as well as any highway district created by law, of any public road or highway (also bridges) expended under the supervision

of the State Highway Department. And provided further, that the indebtedness of the aforesaid political sub-
divisions of this State shall be evidenced by certificates of indebtedness issued, or to be issued, by the State Highway Department of Georgia for the cost of the construction and/or paving, by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further, that such construction and/or paving was done or contract
or agreement made for same to be done prior to September 1,1931. And provided further, that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department shall be paid, without interest thereon, solely out of the revenues and/or taxes levied, assessed, and allocated to the State Highway Department of Georgia, or to any department which by lam may be the successor of the Highway Department, for the public roads and highways of the State aid system of roads and
highways, and such payment to be made at the rate of not less than ten per cent. per annum of the total of such outstanding indebtedness, and such payment to begin March 25, 1936, and to continue annually thereafter until all of such outstanding indebtedness shall have been paid. The General Assembly of the State of Georgia is
hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions, and the provisions of existing laws with reference to the preferential construction by the Highway Department of highways from county site to county site. (Acts 1931, p. 97, ratified Nov. 8, 1932.)
Cross-references.-Extent of taxing power of General Assembly, see Section 2-4901. Certificates of indebtedness issued by State Highway Department under Amendment of 1932, see Chapter 95-21.
Editorial Note.-Prior to the amendment ratified November 8, 1932, this paragraph consisted only of the first sentence down to the colon, which was then a period.
The General Assembly, a t the 1939 session (Acts 1939, p. 47): proposed an amendment to this section, authorizing the Governor to Issue, a t three different times, highway refunding bonds in the sum of

$2,650,000 t o cover payment of highway refunding certificates due March 25, 1939, 1940, and 1941. The amendment was ratified a t t h e general election held June 6, 1939.

Section IX.
Chapter 2-57. Public Money.
2-5701. Paragraph I. Profit on public money. The receiving directly or indirectly, by any officer of 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 or moneys to be raised through his agency for State or county purposes, shall be deemed a felony, and punishable as may be prescribed by law, a part of which punishment shall be a disqualification from holding office.
Cross-references.-Contract by Governor with State depository to p a y interest, see Section 100-103. Profit f r o m use of public money, see Section 2-2703.

Section X. Chapter 2-58. City Debts.

.

2-5801. Paragraph I. Provision for incurring. Municipal corporations shall not incur any debt until provision therefor shall have been made by the municipal Government.

Editorial Note.-In publications of this P a r a g r a p h of t h e Consti-

tution prior to the 1933 Code of Georgia, t h e amendment proposed

by a resolution of 1918 (Acts 1918, p. 915) and ratified November

5, 1918, empowering t h e General Assembly to authorize municipali-

ties having a population of 150,000 or more t o incur bonded debts f o r

public purposes, has appeared a s a part thereof. The resolution pro-

posing graph

this amendment does thereby amended. In

not designate 152/283 (109

st .h

e article, E. 666),

section or parait was held t h a t

this amendment i s cumulative of t h e provisions of Art. VII, Sec. VII,

Par. I. A s explained in the editorial note following Section 2-5501,

there have been numerous amendments of t h a t provision of t h e Con-

stitution which are not set out actually a s a part thereof, but which nevertheless comprise a p a r t of t h a t provision. Reference was made to the editorial notes of the Annotated Code of Georgia and Pocket Part Supplements following Article VII, Section VII, Paragraph I (Section 2-5501).
Section XI.
Chapter 2-59. Void Bonds
2-5901. Paragraph I. Certain bonds not to be paid. The General Assembly shall have no authority 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, 1877; nor shall the General Assembly 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 obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the Genera1Assembly pass any law, or the Governor, or other State official, enter into any contract or agreement, whereby the State shall be made a party to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds or obligations.
Cross-reference.-Certain void bonds not to be paid, see Section 2-8805.
Editorial Note.-The expression, "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, 1877," is explained by Acts 1875, pp. 27, 28, and Acts 1877, p. 24, proposing a n amendment to the Constitution of 1868.

Section XII.

Chapter 2-60. Increase of Public Debt.

2-6001. Paragraph I. Bonded debt increased, when.

The bonded debt of the State shall never be increased,

except to repel invasion, suppress insurrection or defend

the State in time of war.

Cross-reference.-Authentication see Section 87-101.

of State bonds and certificates,

Section XIII.
Chapter 2-61. Public Property Pledged for State's Debt.
2-6101. Paragraph I. Sale of State's property to pay bonded debt. The proceeds of the sale of the Western
-
and Atlantic, Macon and Brunswick or other railroads, held by the State and any otlier property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part tlzereofi shall be applied to the p- ayment of the bonded debt of the State, and shall not be used for any otlier purpose whatever, so long as the State has any existing bonded debt; provided, that the proceeds of the sale of tlie 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 bonds.
Cross-references.-Relation of State to Western and Atlantic Railroad, see Section 91-202. No donations, etc., by General Assembly, see Section 2-6401.

Section XIV.

Chapter 2-62. Sinking Fund.

. .

2-6201. Paragraph I. General Assembly to provide.
The General Assembly shall raise, by taxation, each year,

in addition to the sum required to pay the public expenses and interest on the public debt, the sum of one hundred thousand dollars, which shall be held as a sinking fund, to pay off and retire the bonds of the State which have not yet matured, and shall be applied to no other purpose whatever. If the bonds cannot at any time be purchased at or below par, then the sinking fund herein provided for may be loaned by the Governor and Treasurer of the State; provided, the security which shall be demanded for said loan shall consist only of the valid bonds of the State; but this section shall not take effect until the eight per cent currency bonds, issued under the Act of February the 19th, 1873, shall have been paid.
Cross-reference.-Purposes of taxation, see Section 2-4901.
Section XV.
Chapter 2-63. Reports.
2-6301. Paragraph I. Quarterly reports of Comptroller General and Treasurer. The Comptroller General and
Treasurer shall each make to the Governor a quarterly report of the 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 carefully examine the same by himself, or through competent persons connected with his department and cause an abstract thereof to be published for the information of the people, which abstract shall be endorsed by him as having been examined.
Cross-references.-Quarterly report of Treasurer to Governor, see Section 40-1101, Paragraph 8. Annual report of Comptroller General to Governor, see Section 40-1510.

Section XVI.
Chapter 2-64. Donations.
2-6401. Paragraph I. Donations forbidden. The General Assembly shall not, by vote, resolution or order grant any donation or gratuity, in favor of any person, corporation or association.
Cross-reference.-Donations for religion, etc., forbidden, see Section 2-114.
2-6402. Paragraph 11. Extra compensation forbidden. The General Assembly sliall not grant or authorize extra conlpensation to any public officer, agent or contractor after the service has been rendered, or the contract entered into.
Cross-referenee.-Compensation of certain court officers, see Section 24-110.
Section XVII.
Chapter 2-65. Public Printing.
2-6501. Paragraph I. Contracts for public printing; interest of public officers in contracts. The office of the State Printer shall cease with the expiration of the term of the present incumbent, and the General Assembly shall provide by law, for letting the 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.
Cross-reference.-Regulation of public printing, see Supervisor of Purchases, Chapter 40-19, Pocket Part Supplement of Annotated Code.

Section XVIII.
Teacher Retirement System-Taxation For.
2-6501a. Paragraph I. Teacher retirement system; taxation for. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized liereunder. (Acts 1943, p. 64, ratified August 3, 1943.)
Editorial Note.-The above is a new paragraph. See editorial note following Section 2-4901.
Article VIII.
Education.
Section I.
Chapter 2-66. Common Schools.
2-6601. Paragraph I. System of common schools; free tuition; separation of races. There shall be a thorough system of common schools for the education of children as nearly uniform as practicable, the expenses of which shall be provided for 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. (Acts 1911, p. 46, ratified Oct. 2, 1912.)
Editorial Note.-By the amendment ratified October 2, 1912, the words, "in the elementary branches of an English education only," which immediately followed the word "children," were stricken from this paragraph. Otherwise the paragraph is the same as i t was in the original Constitution of 1877.

Section 11.
2-6701. Paragraph I. Election; term of office; salary; substitutes. There shall be a State School Superintendent elected by the people at the same time, for the same term,
and in the same manner as the Governor, who shall hold
his office until his successor is elected 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 sttbstitute for the
State School Superintendent such officer, or officers, as
may be deemed necessary to perfect the system of public education. (Acts 1941, p. 165, ratified June 3, 1941.)
Cross-references.-Powers of State Board of Education, see Section 32-403. State Superintendent of Schools, see Title 32, Education, Chapter 32-5.
Editorial Note.-Previous to the amendment of 1941, .the above paragraph read as follows:
"There shall be a State School Commissioner, elected by the people a t the same time and manner as the Governor and Statehouse officers are elected, whose term of office shall be two years, and until his successor is elected and qualified. His office shall be a t 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, a s may be deemed necessary to perfect the system of public education." (Acts 1894, p. 34, ratified Oct. 7th, 1896.) In the original Constitution of 1877, the first sentence of the above paragraph read a s follows: "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."
2-6702. Paragraph 11. State Board of Education.
There shall be a State Board of Education, composed of one member from each Congressional District in the
State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor
shall not be a member of the State Board of Education. The first State Board of Education under this provision
shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided

by law. Thereafter, all succeeding appointments shall be for seven years terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. I n case of a vacancy on said Board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During- such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors are appointed and qualify. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school-book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law. (Acts 1943, pp. 55-57, ratified August 3, 1943.)
Editorial Note.-This paragraph is a new one added by the amendment of 1943.

Section 111.
Chapter 2-68. School Fund.
2-6801. Paragraph I. Taxes set apart as school fund. The poll tax any educational fund now belonging to the State, (except the endowment of and debt due t o the University of Georgia) a special tax on shows 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 & habits are destructive to other property, are hereby set apart and devoted for the Su- p-port of common schools.
Cross-references.-Purposes of taxation, see Section 2-4901. Uniformity of taxation, see Section 2-5001. F i f t y per cent. of State's revenue f o r maintenance of common schools, see Section 32-935.
Section IV.
Chapter 2-69. Educational Tax.
2-6901. Paragraph I. Local taxation for public schools. Authority is granted to the counties and municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation. The proper county authorities whose duty it is to levy taxes for county purposes in this State sliall, on the recommendation of tlie board of education, assess and collect taxes for the support of public schools under its control not less than one nor more than five mills oil the dollar of all taxable property of the county outside of independent local systems, which shall be distributed equitably according to the school population, tax values, the number of teachers and their grade of license, among the public

schools therein. An additional levy to that already allowed, not to exceed five mills, shall be permissible in independent local systems, municipalities or school districts on a two-thirds vote of those voting. No additional election shall be required to maintain any local scliool tax now in existence in districts, counties, or municipalities, provided this paragraph shall not apply to counties having a local school system of taxation adopted prior to the Constitution of 1877. Provided also, that authority is hereby given to two or more local school districts, any one or more of which may have incurred a bonded indebtedness, to consolidate upon the condition that such bonded indebtedness outstanding shall be assumed by the entire district as consolidated; provided, however, before such consolidation shall become effective, the same shall be approved by the vote of two-thirds of the qualified voters of each district affected, at separate elections held for that purpose on the recommendations of the respective boards of trustees, under the same terms and conditions as to advertisement as bond election by school districts, the tickets for said elections to have written or printed thereon, "For Consolidation with Bonded District," or "Against Consolidation with Bonded District ;" and in the event said elections result in favor of said consolidation, the result shall be so declared by the boards of trustees of said districts, and thereafter the indebtedness outstanding against any one or more of said districts shall be a valid outstanding indebtedness of the district as consolidated, and taxes for the payment of said indebtedness shall be levied accordingly: Provided, however, county boards of education, independent school systems, and local school districts may contract wit11 each other for the education, transportation, and care of children of school age. (Acts 1903, p. 23, ratified Oct. 5, 1904; Acts 1919, p. 66, ratified Nov. 2, 1920; Acts 1931, pp. 103, 105, ratified Nov. 8, 1932.)

Provided further, that where one of sucli local. sc11001 districts voting on consolidation shall have outstandingany bonds and another school district voting- thereon has no outstanding bonds, a majority only of those voting in such district having such bonds shall be sufficient to carry such election in that particular district, while twothirds of the qualified voters shall be req-uired as to the district having no such outstanding bonds; and upon such consolidation, the consolidated district shall -possess and retain any and all taxing powers that may have existed in either of such districts, but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor. (Acts 1943, pp. 16-17, ratified August 3, 1943.)
Editorial Note.-In the original Constitution of 1877, this paragraph read a s follows: "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-thirds vote of persons qualified to vote a t such election, and the General Assembly may prescribe who shall vote on such question."
Numerous amendments to this paragraph applicable to particular localities have been ratified, but the same are omitted here. However, references in the editorial notes of the Annotated Code will disclose such amendments.
Section V.
Chapter 2-70. Local School Systems.
2-7001. Paragraph I. Local schools not aflected by Constitution. Existing local school-systems shall not be
affected by this constitution. Nothing contained in section 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 IFnglish
education.
Cross-reference.-Taxation f o r school purposes, see Section 2-4901.
Section VI.
Chapter 2-71. University of Georgia.
2-7101. Paragraph I. Donations and grants; appropriations. 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 addition
to the payment of the annual interest on the debt due bg
the State to the University, the General Assembly shall
from time to time make such appropriations to tlie Uni-
versity, and high schools, as the condition of the treasury authorizes. (Acts 1920, p. 32, ratified Nov. 2, 1920.)
Cross-references.-Taxation for public institutions, see Section 24901. S t a t e University, see Title 32, Education, Chapter 32-1.
Editorial Note.-This paragraph, a s i t appeared in the original Constitution of 1877, read a s follows: "The trustees of the University of Georgia may accept bequests, donations and g r a n t s of land, or other property, f o r the use of said university. I n addition t o t h e payment of t h e annual interest on the debt due by t h e S t a t e t o t h e University, the General Assembly may, from time to time, make such donations thereto a s t h e condition of t h e treasury will authorize; and the General Assembly may also from time to time make such appropriations of money a s the condition of the treasury will authorize t o a n y college, or university, not exceeding one in number, now established or herea f t e r t o be established, in this S t a t e f o r t h e education of persons of color." The amendment of 1920 changed i t t o read a s set out above.
"The annual interest on the debt due by the State to the University," mentioned in the above paragraph, refers to the annual appropriation mentioned in section 1394 of t h e Code of 1910, f i r s t enacted by a n Act approved December 21, 1821 (Cobb's Digest, p. 1091), guaranteeing a permanent income to t h e University of not less t h a n $8,000 a year from its bank stock. The bank stock therein referred to was stock purchased in t h e Bank of t h e S t a t e of Georgia a t Savannah with the proceds of the sale of wild lands owned by t h e University, pursuant to a n Act approved December 16, 1815, (Cobb's Digest, pp. 1088-89) of which section 1381 of t h e Code of 1910, prohibiting t h e trustees f r o m disposing of such stock without t h e consent of t h e General Assembly, was a part. The Governor's message of November 24, 1866, s t a t e s t h a t this bank filed deeds of surrender of i t s chart e r in his office between March 13, 1866, and November 24, 1866. The Comptroller General's report of 1869 declares this stock worth-

less. The income guaranteed by the above-mentioned Act of 1821 was recognized by the above provision of the Constitution a s due to the University. Since the University no longer owns any bank stock, sections 1381 and 1394 of the Code of 1910 have not been included as a part of the Constitution.

2-7102. Paragraph 11. University System Regents.

There shall be a Board of Regents of the University Sys-

tem of Georgia, and the government, control, and management of the University System of Georgia and all of

.

its institutions in said System, shall be vested in said

Board of Regents of the University System of Georgia.

Said Board of Regents of the University System of

Georgia shall consist of one member from each Congres-

sional District in the State, and five additional members

from the State-at-Large, appointed by the Governor and

confirmed by the Senate. The Governor shall not be a

member of said Board. The first Board of Regents under

this provision shall consist of those in office at the time

this constitutional amendment is adopted, with the terms

provided by law. Thereafter, all succeeding appointments

shall be for seven year terms from the expiration of the

previous term. Vacancies upon said Board caused by

expiration of term of office shall be similarly filled by

appointment and confirmation. I n case of a vacancy on

said Board by death, resignation of a member, or from

any other cause other than the expiration of such mem-

ber's term of office, the Board shall by secret ballot elect

his successor, who shall hold office until the end of the

next session of the General Assembly, or if the General

Assembly be then in session, to the end of that session.

During such session of the General Assembly the Governor

shall appoint the successor member of the Board for the

unexpired term and shall submit his name to the Senate

for confirmation. All 'members of the Board of Regents

shall hold office until their successors are appointed.

The said Board of Regents of the University System of

Georgia shall have the powers and duties as provided

by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law. (Acts 1943, pp. 66, 67, ratified August 3, 1943.)
Editorial Note.-This is an entirely new paragraph proposed by Acts 1943, pp. 66, 67, ratified August 3, 1943.
Article IX.
Homesteads and Exemptions.
Section I. Chapter 2-72. Homestead. 2-7201. Paragraph I. Amount of homestead and exemption. 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 & 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 sixteen hundred dollars.
Cross-reference.-Statutory provisions, see Section 51-101.
Section 11. Chapter 2-73. Exemption. 2-7301. Paragraph I. Protection guaranteed. 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 purchase money of the same, for labor done thereon, for material furnished therefor, or for the removal of incumbrances thereon.
Cross-references.-Homestead exemptions, see Sections 51-101, 511301. Year's support to family, see Section 113-1002.

Section 111.

Chapter 2-74. Waiver of Homestead.

2-7401. Paragraph I. Power to waive; how homestead

-

-

sold. The debtor shall have power to waive, or renounce

in writing his right to tlie benefit of the exemption, pro-

vided for in this article, except as to wearing apparel

and not exceeding three hundred dollars worth of liouse-

hold & kitchen furniture and provisions to be selected

by himself & wife, if any, and he shall not, after it is set

apart, alienate or incumber the property so exempted,

but it may be sold by the debtor and his wife, if any,

jointly, wit11 the sanction of the judge of the Superior

Court of the County where the debtor resides, 01- the land

is situated, the proceeds to be reinvested upon the same

uses.

Cross-references.-Sale of exempted property for reinvestment, see
Section 51-801. Waiver of homestead rights, see Sections 51-1101, 51-1102.

Section IV.
Chapter 2-75. Homestead Set Apart, How.
2-7501. Paragraph I. Setting apart short homestead. The General Assembly shall provide by law, as early as practicable, for the setting apart & valuation of said property. But nothing in this article shall be construed

to affect, or repeal the existing laws for exemption of property from sale contained in the present Code of this State in paragraphs 2040 to 2049 inclusive, and the acts
amendatory thereto. It may be optional with the appli-
cant to take either, but not botll of snch exemptions.
Editorial Nots.-Paragraphs 2040 t o 2049, referred to in this section, a r e sections 51-1301, 51-1401, t o 51-1405, 51-1501, 51-1502, 511504 of t h e Code of Georgia of 1933.
Section V.
Chapter 2-76. Short Homestead Waiver. 2-7601. Paragraph I. Authority to waive short homestead. The debtor shall have authority to waive or, renounce in writing liis right to the benefit of the exemption provided for in section four, except as ie expected in section three of this article.
--
Section VI.
Chapter 2-77. Homestead Supplemented. 2-7701. Paragraph I. Right to supplement homestead. The applicant shall at any time have the right to supplement his exemption by adding to an amount already set apart which is less than tlie wliole amount of exemption herein allowed, a sufficiency to make his exemption equal to the whole amount.
Cross-reference.-Similar statutory provision, see Section 51-1201.
Section VII.
Chapter 2-78. Former Homesteads Preserved. 2-7801. Paragrapli I. Homesteads heretofore set apart valid as against certain debts. Homesteads and

exemptions of personal property which have been heretofore set apart by virtue of the provisions of the existing Constitution of this State, and in accordance with the laws for the enforcement thereof, or which may be hereafter so set apart at any time, shall be and remain valid as against all debts and liabilities existing a t the time of the adoption of this Constitution, to the same extent that they would have been had said existing Constitution not been revised.
Section VIII.
Chapter 2-79. Prior Rights to Exemption Preserved.
2-7901. Paragraph I. Vested rights protected. Rights
which have become vested under previously exis'ting laws shall not be affected by anything herein contained. I n all cases in which homesteads have been set apart under the Constitution of 1868 and the laws made in pursuance thereof, and a bona fide sale 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 cease in
so far as it affects the right of the purchaser. In all such
cases where a part only of the purchase price has been paid such transaction shall be governed by the laws now of force in this State, in so far as they affect the rights of the purchaser, as though said property had not been so set apart.
Cross-reference.-Sale of exempted property for reinvestment, see Section 51-801.

Section IX.
Chapter 2-80. Sale of Homestead. 2-8001. Paragraph I. Right to sell and reinvest homestead. Parties who have taken a homestead of realty under the Constitution of eighteen hundred and sixtyeight shall have the right to sell said homestead and reinvest the same by order of the judge of the Superior Courts of this State.
Cross-reference.-How exempted property sold for reinvestment, see Section 51-801.
Section I. Chapter 2-81. Militia and Volunteers.
2-8101. Paragraph I. Organizationof militia. A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist.
Cross-reference.-Laws relating to militia, see Title 86, Public Defense.
2-8102. Paragraph 11. Volunteers. The General Assembly shall have power to authorize the formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority to arm and equip the same.
2-8103. Paragraph 111. Pay of militia and volunteers. The officers and men of the militia and volunteer forces

shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State.
- -
Article XI.
Counties and County Officers.
Section I.
Chapter 2-82. Counties.
2-8201. Paragraph I. Counties as corporate bodies. Each county shall be a body corporate, with such powers and limitations as may be prescribed by law. All suits by, or against, a county, shall be in the name thereof; and the metes and bounds of the several counties shall remain as now prescribed by law, unless changed as hereinafter provided.
Cross-references.-Names of counties, see Section 23-101. Creation of county commissioners, see Section 2-4601. Each county a s a body corporate, see Section 23-1501. Suits against counties, see Section 23-1503.
Editorial Note.-Numerous amendments of this paragraph applicable to particular localities have been proposed and ratified, references to which may be found in the editorial notes in the Annotated Code and Supplement.
2-8200,". Paragraph 11. Number of counties limited. There shall not be more than one hundred and forty-five counties in this State. (Acts 1904, p. 47, ratified Oct. 5, 1904.)
Cross-reference.-Counties enumerated, see Section 23-101 and note.
Editorial Note.-In the original Constitution of 1877 this paragraph read: "No new county shall be created." Following the amendment of 1904 supra, the General Assembly in 1905 by a series of Acts created the eight additional counties authorized and by a general Act provided for the organization of new counties with temporary provisions for the government of the territory until the new county organization should be perfected. (Acts 1905, pp. 46, 52, 54, 55, 57, 58, 60, 62, 63.)

Since 1905 sixteen additional counties have been created, each by a separate amendment t o t h e above paragraph in the f o r m of a proviso: "Provided, however, that in addition to the counties now provided for by this Constitution there shall be a new county laid out from t h e counties of," etc. Each of these amendments gave t h e boundaries of t h e new county, designated t h e county seat, attached t h e county to particular congressional and senatorial districts and a judicial circuit and made temporary provisions for its organization and government. These amendments cover more than 31 pages in Park's Annotated Code and Supplements. As the new counties when created and organized stand on exactly the same footing a s those which existed a t the time the Constitution was adopted, the same are omitted, pursuant t o t h e general policy of omitting temporary laws and general laws having only local application. A table showing the names of t h e counties with t h e Acts of the General Assembly proposing the amendments to this paragraph may be found in the Annotated Code following the paragraph. By these provisos the number of counties was increased t o 161, but the limitation t o 145 contained in the above paragraph was not changed. By t h e merger of Campbell and Milton counties with Fulton county, pursuant to section 2-8206 and Acts of 1929, p. 551, and 1931, p. 527, t h e number of counties was reduced to 159.
2-8203. Paragraph 2-a. Consolidation of city and county governments. The General Assembly shall have
the power to consolidate and combine all governmental
functions and powers now vested in and exercised by
cities and municipalities having a population of more
than 52,900 according to the Federal census of 1920, with
the governmental functions and powers now vested in
and exercised by the authorities of the county in which
such cities or municipalities are situated; to create, desig-
nate, and give a name to political subdivisions composed
of the entire area of such counties; to vest in and confer
upon such subdivisions such authority and power as may
be conferred upon municipalities or counties or both, un-
der existing laws; to abolish any and all offices now exist-
ing under the charters of any such municipalities and
also to abolish the offices of tax collector and tax receiver
in any such counties; to create new offices, for purpose of
exercising and carrying out the powers to be vested in
such political subdivisions, and powers and duties for-
merly appertaining to such offices so abolished and the
powers and duties formerly exercised by such counties

and such municipalities, all without regard to the uniformity of the powers, duties and compensation appertaining to the offices so created, in other municipalities, other counties, or other political subdivisions hereby authorized; to divide such political subdivisions into districts; to fix a maximum rate of ad valorem taxation to be levied by authority of such political subdivisions, within the various districts, without regard to the uniformity of the rate; also to consolidate and combine any and all school systems and school districts now existing in any such cities or municipalities and counties into one system covering the entire area of the county to be governed and controlled under the provisions of the act creating the political subdivision hereby authorized, regardless of the method of control of schools or school systems in other counties or municipalities. The powers herein granted shall not be extended to cities, municipalities, or towns, and cities and towns, and municipalities, the corporate limits of which are included within more than one county; nor shall said powers herein granted be extended to the counties in which said cities, or towns, or municipalities, and cities and towns and municipalities are located. The General Assembly, in exercising the powers herein conferred, may include in the act or law any one or more of the powers or provisions herein enumerated, and may exclude therefrom any one or more of the powers or provisions herein enumerated. This provision of the Constitution shall not be construed to empower the General Assembly to create new counties, nor to affect or change the representation
of any county in the General Assembly. Nor shall it be
construed to authorize the General Assembly to abolish the offices of clerk of the superior court, ordinary, sheriff or coroner in any of the counties affected Ijy this paragraph, said offices being expressly hereby preserved. The General Assembly shall not change or abolish any county

nor the name thereof which may be affected hereby; and in naming the consolidated subdivisions in each case the names of the municipality or municipalities and of the county shall be combined so as to preserve them. The General Assembly shall create such political subdivisions by special act or law relating to a particular subdivision, but no such act or law shall have any force or effect until the same shall have been ratified by a vote of a majority of the qualified voters voting a t a special election in such county, to be held not earlier than sixty days after the final passage and approval by the Governor of any such act: Provided, however, that the people within the corporate limits of municipalities affected and the people of the county affected outside of the corporate limits shall vote separately; and before the act shall go in effect a majority of those voting in the municipalities separately, if more than one municipality i s affected and a majority of those voting outside of said municipality or municipalities shall vote in favor of said act. (Acts 1924,p. 811, ratified Nov. 4, 1924.)
2-8204. Paragraph 111. Change of county lines. County lines shall not be changed, unless under the operation of a general law for that purpose.
Cross-reference.-Change of county lines, see Section 23-301.
2-8205. Paragraph IV. Change of county sites. No county site shall be changed, or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose, and a twothirds vote of the General Assembly.
Cross-reference.-Applicatioh to change county sites, see Section 23-501.
2-8206. Paragraph V. Dissolution of counties. Any county may be dissolved and merged with contiguous counties, by a two-thirds vote of the qualified electors of such county, voting a t an election held for that purpose.

Paragraph VI. Tax for sanitation, fire prevention, etc., in Glynn and McIntosh counties.
Editorial Note.-This being a n amendment with local application (Acts 1929, p. 137, ratified Nov. 4, 1930), the same has been omitted.
Paragraph VII. Bibb County Public Service Districts.
Editorial Note.-This being a n amendment with local application (Acts 1943, p. 8, ratified Aug. 3, 1943), the same has been omitted.
Section 11.
Chapter 2-83. County Officers.
2-8301. Paragraph I. Election; terms of ofice; removal; qualifiwtions. Tlle county officers shall be elected by the qualified voters of their respective counties, or districts, and shall hold their offices for four years. They shall be removed on conviction for malpractice in office, and no person shall be eligible to any of the offices referred to in this paragraph, unless he shall have been a resident of the county for two years, and is a qualified voter: Provided that the provisions of the proposed amendment shall not become effectiveuntil January first, 1917. (Acts 1914, p. 43, ratified Nov. 3, 1914.)
Cross-references.-Election and term of county treasurer, see Section 23-1001. Official term of county officers, see Section 34-2602. Right of citizen to hold county office, see Section 89-101, Paragraph 7. Power of General Assembly to create county commissioners, see Section 2-4601.
Editorial Note.-This paragraph was amended by Acts 1943, p. 53, ratified August 3, 1943, authorizing the Spalding School Board to be elected by the people, but because of its local application the language of that amendment has been omitted.
Section 111.
Chapt'er 2-84. Uniformity in County Offices.
2-8401. Paragraph I. Uniformity throughout State required. Whatever tribunal, or officers, may hereafter

be created by the General Assembly for the transaction
of county matters, shall be uniform throughout the State,
and of the same name, jurisdiction, and remedies, except
that the General Assembly may provide for the appoint-
ment of Commissioners of roads and revenues in any
county, and may abolish the office of county treasurer in
any county, or fix the compensation of county treasurers,
and such compensation may be fixed without regard to
uniformity of such compensation in the various counties. And tlie General Assembly shall also have authority to
consolidate the offices and duties of tax receiver and tax
collector in any or all of the counties of the State, the
official performing the duties of said two offices, when
so consolidated, to be known as county tax commissioner,
and the General Assembly may prescribe the compensation of such county tax commissioner or authorize county
authorities to fix the same, which compensation may be
on the basis of fees or salary and may be fixed without
regard to uniformity in the various counties, and when
such compensation is fixed on a salary basis the authority
fixing the same shall determine what disposition shall
be made of tlie fees and commissions accruing to each of
said offices so consolidated and provide for the levy and
collection of a tax sufficient to pay the salary so fixed.
(Acts 1914,p. 42, ratified Nov. 3,1914; 1924,p. 815, ratified Nov. 4, 1924.)
Cross-reference.-County manager form of government, see Section 23-901 e t seq.
Editorial Note.-In the original Constitution of 1877, this paragraph was composed of the first portion of the first sentence a s set out above, ending with the expression, "commissioners of roads and revenues in any county." By the 1914 amendment the balance of the first sentence was added. The last sentence was added by the amendment of 1924.
Acts 1941, p: 413, abolishes boards of county registrars in counties having population of 200,000 or more according to the United States census, or any future United States census, and provides that the count y tax collector or county tax commissioner, as the case may be, shall be county registrar in such counties.
2-8402. Paragraph 11. Chief clerk for certain officers

however, that the ordinary, sheriff, clerk superior court, tax receiver, tax collector (or tax commissioner as the
in Fulton county. The General Assembly may provide,
case may be) and county treasurer, any one or all of them, serving in Fulton county, shall be required to appoint a chief clerk, chief assistant or chief deputy, from among such officer's assistants; the.appointment to be ' made by the person occupying such respective office and to be for such term as the person making the appointment may designate, the term in no event to extend beyond the term of the person making the appointment; and the General Assembly may provide, further, that in said county of Pulton in the event a vacancy occurs in any of the offices here named, that such designated chief clerk, chief assistant or chief deputy may fill out the unexpired term of the person making the appointment, upon qualifying for such office as provided by law. (Acts 1939, p. 33, ratified June 6, 1939.)
Article XII.
The Laws of General Operation in Force in This State.
Chapter 2-85. Laws of Force.
2-8501. Paragraph I. Supreme law. The laws of general operation in this State are, first: As the Supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States.
Cross-reference.-Federal Constitution provision, see Section 1-602.
2-8502. Paragraph 11. Second in authority. Second.
As next in authority thereto: This Constitution.
Cross-reference.-What legislative Acts are void, see Section 2-402.

Editorial Note.-For Constitution of 1777, see Watkins' Digest, pp. 5-16; Constitution of 1789, Watkins' Digest, pp. 25-30; Constitution of 1798, Watkins' Digest, pp. 31-34, Cobb's Digest, pp. 1111-1126; Constitution of 1861, Code of 1863, pp. 960-975; Constitution of 1865, Irwin's Code, pp. 966-983; Constitution of 1868, Code of 1873, pp. 904930.
2-8503. Paragraph 111. Third in authority. Third. I n Subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution and the ordinances of this Convention, shall remain of force until the same are modified or repealed by the General Assembly. And the Tax and Appropriation Acts, passed at the session of the General Assembly of 1877, and approved by the Governor of the State and not inconsistent with this Constitution are hereby continued in force until altered by law.
Cross-references.-When and how Code to take effect, see Section 102-101. Ordinances of convention a s laws of State, see Section 2-8508.
2-8504. Paragraph IV. Local and private Acts. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not in,consistent with the Supreme law, nor with this Constitution 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 limitations imposed by their own terms.
Cross-references.-Repeal of local laws, see Section 102-107. Special legislation, see Section 2-401.
2-8505. Paragraph V. Vested rights secured. All
rights, privileges and immunities which may have vested in, or accrued to, any person or persons, or corporation, in his, her, or their own right, or in any fiduciary capacity, under, and in v i r t ~ eof, any act of the General Assembly, or any judgment, decree, or order, or other proceeding of any Court of Competent jurisdiction, in this State, heretofore rendered, shall be held inviolate

by all Courts before which they may be brought in question, unless attacked for fraud.
Cross-References.-Future operation of laws, see Section 102-104. Ex post facto or retroactive laws, see Sections 1-128, 1-134, 2-302.
2-8506. Paragraph VI. Proceedings of courts confirmed. All judgments, decrees, orders, and other proceedings, of the Several Courts of this State, heretofore made wit,hin the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial appeal, bill of review or other proceedings, in conformity with the law of force when they were made.
2-8507. Paragraph VII. Existing officers. The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution.
2-8508. Paragraph VIII. Ordinances. The ordinances of this Convention shall have the force of laws until otherwise provided by the General Assembly, except the ordinances in reference to submitting the liomestead and capital questions to a vote of the people, which ordinances, after being voted on, shall have the effect of constitutional provisions.
Cross-reference.-Ordinances of convention, see Sections 2-8801 to 2-8805.

ARTICLXEII1.-AMENDMENTTSO THE CONSTITUTIOHNO.WAMENDED
Article XIII.
Amendments to the Constitution.
Section I.
Chapter 2-86. Constitution Amended, How.
2-8601. Paragraph I. Proposal by General Assembly; submission to people. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered ontheir journals, with the yeas and nays taken thereon. And the General Assembly shall cause such amendment or amendments to be -published in one or more newspapers in each Congressional District, for two months p- revious to the time of holding- the next genera1 election and shall also provide for a submission of such proposed amendment or amendments, to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments, shall become a part of this Constitution. When more than one amendment is submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately.
Cross-references.-Entry of yeas and nays in legislative journal, see Section 2-1821. Publication of Amendments, see Acts 1939, p. 305; 1941, p. 384; Annotated Code, Supplement, Chapter 34-35.
2-8602. Paragraph 11. Convention, how called. No Convention of the people shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all the members of each house of the General Assembly. The representa-

tion in said convention shall be based on population as near as practicable.
Section 11.
Chapter 2-87. Ratification of Constitution.
2-8701. Paragraph I. Manner of ratifying. This Con-
stitution shall be submitted for ratification or rejection to the electors of this State, at an election to be held on the first Wednesday in December, one thousand eight hundred & Seventy-Seven, in the several election districts of this State, at which election every person shall be entitled to vote, who is entitled to vote for the members of the General Assembly under the Constitution and laws of force at the date of such election; said election to be held and conducted as is now provided by law for holding elections for members of the General Assembly. All persons voting at said election in favor of adopting this Constitution, shall write or have printed on their ballots the words, "For Ratification;" and all persons opposed to the adoption of this Constitution shall write or have printed on their ballots the words "Against Ratification."
2-8702. Paragraph 11. Consolidation of votes cast at election. The votes cast at said election shall he consoli-
dated in each of the counties of this State, as is now required by law in elections for rnernbers of the General Assembly, and returns thereof made to the Governor; and should a majority of all the votes cast at said election be in favor of ratification, he shall declare the said Constitution adopted, and make proclamation of the result of said election by publication in one or more newspapers in each Congressional District of the State; but should a majority of the votes cast be against rati-

fication, he shall in the same manner proclaim the said

Constitution rejected.

C. J. JENKINS

Presd't Con' Convention

A. R,.LAWTON

Vice Presd't Con' Convention

Attest.

James Cooper Nisbet

Sec 'y Con Convention

(Here follow the signatures of the members of the Con-
stitutional Convention and of Chas. R. Williams, Asst.

Sec'ty, and M. A. Hardin, Reading Clerk.)

Chapter 2-88. Ordinances.
2-8801. State Capital.-Be it ordained by the people
of Georgia in convention assembled: 1. That the question of the location of the Capital of
this State be kept out of the Constitution to be adopted by this convention.
2. That at the first general election hereafter held for the members of the General Assembly, every voter may
indorse on his ballot "Atlanta" or "bIilledgeville, " 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 majority of votes cast be in favor of Milledgeville, then this

provision to operate and take effect as an amendment to the present Constitution.
Cross-reference.-Effect of ordinances of convention as laws, see Section 2-8508.
Editorial Note.-In the Constitution a s published in the N. E. Harris Supplement to the Code of 1873 there was inserted Section IV of Article XI, reading a s follows: "The city of Atlanta shall be the Capital of the State, until changed by the same authority, and in the same way, that is provided for the alteration of this Constitution." It will be seen from the Ordinance itself and from the Governor's Proclamation following hereinafter that the Section quoted is not properly a part of the original Constitution.
2-8802. Ho8mestead.-Be it ordained by the people of Georgia in convention assembled, and it is hereby ordained by authority of the same:
1. That the Article adopted by the convention on the subject of homestead and exemptions shall not form a part of this Constitution, except as hereinafter provided.
2. At the election held for the ratification or rejection
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."
3. I n the event that a majority of the ballots so cast have indorsed upon them the words "Homestead of 1877," then said Article, so adopted by this Convention, shall form a part of the Constitution submitted, if the same is ratified; but in event that said Constitution, so submitted, 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.
4. If a majority of the ballots so cast as aforesaid shall have indorsed upon them the words "Homestead of 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 ratified.
Cross-reference.-Homestead and exemptions, see Section 2-7201 et seq.
2-8803. Judicial circuits. Be it ordained by the peo-
ple of Georgia in convention assembled: There shall be
sixteen judicial circuits in this State, and it shall be the
duty of the General Assembly to organize and proportion 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. But the General Assembly shall have power hereafter to reorganize, increase, or diminish the number of circuits: Provided, however, that the circuits shall remain as now organized, until changed by law.
Cross-references.-Number of judicial circuits, see Section 24-2501. Effect of ordinances, see Section 2-8508.
2-8804. Signing and ratification.-Be it ordained by
the people of Georgia in convention assembled:
1. That the Constitution as adopted and revised be enrolled and signed by the officers and members of this convention.
2. 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 25th, 1877.
C. J. JENKINS, President Constitutional Convention.
Attest: JAMES COOPER NISBET, Secretary.

2-8805. Void hnds not to be paid. Neither the General Assembly nor any other authority or officer of this
State shall ever have power to pay or recognize as legal, or in any sense valid or binding upon the State, any direct bonds, or currency bonds, gold bonds, or the State's alleged guaranty or indorsement of any railroad bonds, or any other bonds, guaranties, or indorsements heretofore declared to be illegal, fraudulent, or void by act or resolution of the legislature of the State, or that may be declared illegal, fraudulent, or void by act or resolution of the legislature originating this amendment, viz.: The State gold bonds issued under the Act of October 17th, 1870, in aid of the Brunswick and Albany Railroad Company; the currency bonds issued under the Act of August 27th, 1870; the quarterly gold bonds issued under the Act of September 15th, 1870, which are enumerated in the Act of August 23, 1872; the indorsement of the State upon the bonds of the Brunswick and Albany Railroad Company, made under the Act of March 18th, 1869; the indorsement of the State upon the bonds of tlie Cartersville and Van Wert Railroad Company; and of tlie Cherokee Railroad Company; the indorsement of the State upon the bonds of the Bainbridge, Cuthbert, and Columbus Railroad Company; and all other bonds, guaranties, or indorsements declared illegal, fraudulent, or void, as herein provided. Nor shall any General Assembly ever have power to provide for the reindorsement of such railroad bonds, or to place the State's guaranty upon the same; or to provide for the indorsement or guaranty by the State of any new bonds issued in lieu of, or to pay off or retire, such railroad bonds, by any railroad company; or to issue bonds of the State to such railroad companies, or other persons in payment, or in lieu of such indorsed bonds, or other bonds herein declared illegal; or to lend the aid or credit of the State, by any act, resolution, or law, to such railroad companies, or to other incorporated

companies or persons acquiring or succeeding to the rights and franchises of said companies; or to buy the railroads of such companies; or to submit the question of the liability of the State upon any of the bonds or indorsements upon bonds, or other guaranty herein declared illegal, fraudulent, and void, or upon any claim for money advanced upon said bonds, indorsements, or guaranties, or expended by said companies or other person in and about the construction of said railroads, to the decision of any'court, tribunal, or person whatever; or to pay, assume, or secure, directly or indirectly, by any act, resolution, or law, any money advanced or claimed to have been advanced on the bonds, indorsements, or guaranties herein declared invalid. (Acts 1875, p. 27; 1877, p. 24.)
Cross-reference.-Certain bonds not to be paid, see Section 2-5901.
Chapter 2-89. Governor's Proclamation.
2-8901. Adoption of Constitution. Capital of State. Homestead.
State of Georgia. Whereas a convention of the people of the State of Georgia did assemble at the capital on the eleventh day of July last; and whereas the said convention did revise the Constitution of the State and provide that the proposed new Constitution be submitted to the people for ratification or rejection; and whereas the said convention, by ordinances, provided that the people should vote separately on the question of the location of the Capital at Atlanta or Milledgeville, and also on the adoption of the homestead of 1868 or the homestead of 1877: And whereas, on the first Wednesday in December, the present month, an election was held in conformity with the law prescribed by the convention, and the vote cast

by the citizens of the State was, for ratification 110,442, and against ratification 40,947, being a majority of 69,495 votes for the ratification of the Constitution. The vote cast for the location of the Capital was, for Atlanta 99,147, and for Milledgeville 55,201, being a majority of 43,946 votes for Atlanta. The vote cast for the adoption of a homestead was, for the homestead of 1877 94,722, and for the homestead of 1868 52,000, being a majority of 42,722 votes for the homestead of 1877.
Now, therefore, I, Alfred H. Colquitt, Governor and Commander in chief of the State of Georgia, do issue this my proclamation, declaring that the Constitution adopted by the convention at Atlanta, in the year of our Lord one thousand eight hundred and seventy-seven, is ratified by the people of the State of Georgia, and is now the Constitution of the State. Also, that Atlanta is declared to be the Capital of the State of Georgia. And that the Article adopted by the convention on the subject of the homestead forms a part of the new Constitution.
Given under my hand and the great seal of the State, at the Capital in Atlanta, this twenty-first day of December, in the year of our Lord, one thousand eight hundred and seventy-seven.
ALFRED H. COLQUITT.
By the Governor: N. C. BARNETT, Secretary of State.

APPENDIX
By ELLA MAY THORNTON
State Librarian
LEGISLATIVE PROPOSALS TO AMEND THE
CONSTITUTION OF 1877
Art. 2. Sec. 1. Par. 1-8. Qualifications of electors and registration of voters. A. 1907, 47. No record found of submission. A. 1908, 27. Ratified, Oct. 7, 1908. A. 1931, 102. Ratified, Nov. 8, 1932. (Relates only to Par. 3.) A. 1943, 39. Ratified Aug. 3, 1943.
Art. 3. Sec. 2. Par. 1. Increasing Senatorial Districts. A. 1918, 84. Ratified, Nov. 5, 1918. A. 1921, 86. Defeated, Nov. 7, 1922. A. 1931, 106. Defeated, Nov. 8, 1932. A. 1937, 28. Ratified, June 8, 1937.
Art. 3. Sec. 3. Par. 1. Membership, House of Representatives, fixed. A. 1904, 48. Ratified, Oct. 5, 1904. A. 1908, 31. Ratified, Oct. 7, 1908. A. 1914, 36. Ratified, Nov. 3, 1914. A. 1918, 87. Ratified, Nov. 5, 1918. A. 1920, 55. Ratified, Nov. 2, 1920.
Art. 3. Sec. 4. Par. 1. Terms of members of General Assembly. A. 1914, 45. Ratified, Nov. 3, 1914.
Art. 3. Sec. 4. Par. 3 (2). Annual legislative sessions. A. 1890/1, 55. Ratified, Oct. 5, 1892. Sessions changed from October to July. A. 1893, 20. No record found of submission. Biennial sessions. A. 1924, 31. Ratified, Nov. 4, 1924. Dates of sessions, and officers' terms. A. 1931, 1053. Ratified, Nov. 8, 1932. Annual sessions. A. 1941, 90. Defeated, June 3, 1941. A. 1943, 51. Ratified, Aug. 3, 1943.

Art. 3 (2). Sec. 4. Par. 6. Length of legislative sessions. A. 1890/1, 56. Ratified, Oct. 5, 1892.
Art. 3. Sec. 5. Par. 2. Lieutenant-Governor to be President of the Senate. A. 1935, 1233. Defeated, Nov. 3, 1936.
Art. 3. Sec. 7. Par. 7. Local legislative bills. A. 1888/9, 37. No record found of submission. A. 1890/1, 57. Ratified, Oct. 5, 1892.
Art. 3. Sec. 7. Par. 15. Special and local legislative powers withdrawn. A. 1884/5, 33. Ratified, Oct. 6, 1886.
Art. 3. Sec. 7. Par. 18. Granting of corporate powers. A. 1890/1, 59. Ratified, Oct. 5, 1892. A. 1912, 27. Ratified, Nov. 5, 1912.
Art. 3. Sec. 7. Par. 25. Zoning laws. A. 1927, 127. Ratified, Nov. 6, 1928. A. 1935, 1234. Ratified, Nov. 3, 1936. A. 1937, 1132. 1139. 1137. Ratified, June 8, 1937.
Art. 3. Sec. 7. Par. 26. Zoning laws, counties of Glynn, Fulton, Chatham, Bibb, Barrow and Colquitt and others.
A. 1929, 148. Defeated, Nov. 4, 1930. A. 1937, 24. Ratified, June 8, 1937. A. 1937, 1135. Ratified, June 8, 1937. Veterans' civil service status A. 1943, 10. Ratified, Aug. 3, 1943.
Art. 3. Sec. 9. Par. 1. General Assembly, compensation of members. A. 1918, 89. Ratified, Nov. 5, 1918. A. 1943, 30. Ratified, Aug. 3, 1943.
Art. 4. Sec. 2. Par. 8. Public Service Commission made Constitutional body. A. 1943, 38. Ratified, Aug. 3, 1943.

Art. 5. Sec. 1. Par. 2. Changing terms of Constitutional officers. A. 1935, 1243. Defeated, Nov. 3, 1936. A. 1941, 86. Ratified, June 3, 1941.
Art. 5. Sec. 1. Par. 3. Election for Governor. ' A. 1941, 86. Ratified, June 3, 1941.
Art. 5. Sec. 1. Par. 8. Providing for a Lieutenant-Governor. A. 1935, 1231. Defeated, Nov. 3, 1936.
Art. 5. Sec. 1. Par. 12. To create State Board of Pardons and Paroles. A. 1943, 44. Ratified, Aug. 3, 1943.
Art. 6. Sec. 1. Par. 13. Self-convening extra session, Legislature. A. 1937, 1114. Ratified, June 8, 1937.
Art. 5 (6). Sec. 1. Par. 19.. Governor's clerical force. A. 1918, 93. Ratified, Nov. 5, 1918.
Art. 5. Sec. 2. Par. 2. Treasurer's and assistant's salaries. A. 1918, 91. Ratified, Nov. 5, 1918. Duties and expenses, Constitutional officers. A. 1927, 121. Ratified, Nov. 6, 1928.
Art. 5. Sec. 4. Par. 1. Creating State Game and Fish Commission. A. 1943, 28. Ratified, Aug. 3, 1943.
Art. 6. Sec. 1. Par. 1. Establishing Court of Appeals. A. 1906, 24. Ratified, Nov. 6, 1906.
Art. 6. Sec. 2. Par. 1. Supreme Court Justices. A. 1886/7, 25. Defeated, Oct. 3, 1888. A. 1893, 17. No record found of submission.
Art. 6. Sec. 2. Par. 2. Choice of substitute judges. A. 1937, 33. Ratified, June 8, 1937.
Art. 6. Sec. 2. Par. 5. Supreme Court jurisdiction. A. 1906, 24. Ratified, Nov. 6, 1906. A. 1916, 19. Ratified, Nov. 7, 1916.

Art. 6. Sec. 2. Par. 6. Disposition of cases in Appellate Courts. A. 1935, 1238. Ratified, Nov. 3, 1936. A. 1943, 23. Ratified, Aug. 3, 1943.
Art. 6. Sec. 2. Par. 8. Number of Justices, Supreme Court and organization change. A. 1895, 15. Ratified, Oct. 7, 1896.
Art. 6. Sec. 2. Par. 9. Court of Appeals organization and jurisdiction. A. 1906, 24. Ratified, Nov. 6, 1906. A. 1916, 19. Ratified, Nov. 7, 1916.
Art. 6 (8). Sec. 3. Par. 1. Superior Courts. A. 1905, 66. Ratified, Oct. 3, 1906.
Art. 6. Sec. 3. Par. 2. Election of Superior Court Judges. A. 1897, 16. Ratified, Oct. 5, 1898.
Art. 6. Sec. 3. Par. 3. Terms of Superior Court Judges. A. 1897, 16. Ratified, Oct. 5, 1898
Art. 6. Sec. 4. Par. 8. Superior Court hearings in vacation. A. 1939, 78. Ratified, J u n e 6, 1939.
Art. 6. Sec. 6. Par. 2a. Jurisdiction of Ordinaries and Police Courts under State Patrol. A. 1937, 1116. Ratified, June 8, 1937.
Art. 6. Sec. 7. Par. 1. Municipal Courts and J. P. Courts. A. 1912, 30. Ratified, Oct. 2, 1912. A. 1914, 39. Ratified, Nov. 3, 1914. A. 1927, 117. Ratified, Nov. 6, 1928. A. 1931, 1051. Ratified, Nov. 8, 1932. A. 1943, 33. Ratified, Aug. 3, 1943.
Art. 6. Sec. 7. Par. 2. Jurisdiction. A. 1941, 119. Ratified, June 3, 1941.
A r t 6. Sec. 11. Par. 1. Election of Solicitors-General. A. 1897, 16. Ratified, Oct. 5, 1898.

Art. 6. Sec. 13. Par. 1.

Salaries, certain Superior Court Judges.

A. 1910, 42. A. 1913, 30. A. 1916, 22.

Ratified, Oct. 5, 1910. Ratified, Nov. 3, 1914. Ratified, Nov. 7, 1916.

A. 1918, 94. Ratified, Nov. 5, 1918.

A. 1922, 24. Defeated, Nov. 7, 1922. A. 1922, 26. Ratified, Nov. 7, 1922.

A. 1925, 70. Ratified, Nov. 2, 1926.

A. 1927, 111. Ratified, Nov. 6, 1928.

A. 1929, 118. Defeated, Nov. 4, 1930. A. 1939, 79. Ratified, June 6, 1939.

Judicial salaries, Supreme Court, Court of Appeals and Superior

Courts. A. 1917, 36. Ratified, Nov. 5, 1918.

A. 1920, 20. Ratified, Nov. 2, 1920.

Art. 6. Sec. 13. Par. 2. Salary basis for Solicitors-General. A. 1916, 24. Ratified, Nov. 7, 1916.

Art. 6. Sec. 16. Par. 1. Venue in divorce cases. A. 1943, 68. Ratified, Aug. 3, 1943.

Art. 7. Sec. 1. Par. 1. Aid to Confederate soldiers and widows. A. 1884/5, 37. Ratified, Oct. 6, 1886. A. 1888/9, 39. Ratified, Oct. 1, 1890. A. 1893, 19. Ratified, Oct. 3, 1894. A. 1899, 19. Ratified, Oct. 9, 1900. A. 1908, 34. Ratified, Oct. 7, 1908. A. 1918, 96. Ratified, Nov. 5, 1918. A. 1918, 98. Ratified, Nov. 5, 1918. A. 1920, 23. Ratified, Nov. 2, 1920. A. 1937, 1118. Ratified, June 8, 1937. State highways tax. A. 1926,Ex.,33. Ratified, Nov. 2, 1926. Social Security, State participation. A. 1937, 1126. Ratified, June 8, 1937. State Advertising. A. 1941, 16. Ratified, June 3, 1941. Teacher's retirement benefits. A. 1943, 62. Ratified, Aug. 3, 1943. (Submitted through error, proposal had been repealed.)
Id
141

Art. 7 Sec. 1. Par. 2. Limiting ad valorem tax. A. 1903, 21. Ratified, Oct. 5, 1904.
Art. 7. Sec. 2. Par. 1. Taxes upon incomes. A. 1929, 143. Defeated, Nov. 4, 1930. Classification tax. A. 1931, 108. Defeated, Nov. 8, 1932. A. 1937, 39. Ratified, June 8, 1937. Macon uniformity modified. A. 1941, 127. Ratified, June 3, 1941. Fifteen mill tax limitation. A. 1935, 1240. Defeated, Nov. 3, 1936.
Art. 7. Sec. 2. Par. 2. Farm products tax exemption. A. 1912, 36. Ratified, Nov. 5, 1912. Ships and vessels tax exemption. A. 1916, 27. Defeated, Nov. 7, 1916. Endowment educational institutions tax exemption. A. 1917, 39. Ratified, Nov. 5, 1918. Hydro-electric works tax exemptions, Heard and Troup counties. A. 1929, 144. Defeated, Nov. 4, 1930. Personal property exemption. A. 1937, 38. Ratified, June 8, 1937. Rural Electrification Corporations tax exemption. A. 1941, 84. Ratified, June 3, 1941.
Art. 7. Sec. 2. Par. 2a. Industries tax exemption. A. 1923,Ex.,67. Ratified, Nov. 4, 1924.
Art. 7. Sec. 2. Par. 2b. Macon tax exemptions. A. 1941, 124. Ratified, June 3, 1941.
Art. 7. Sec. 2 Par. [Zcl Certain c.orporate stock tax exemption. A. 1943, 60. Ratified, Aug. 3, 1943.
Art. 7. Sec. 2. Par. 6. Tax returns to Comptroller-General. A. 1911, 51. Ratified, Oct. 2, 1912.
Art. 7. Sec. 2. Par. 7. Homestead exemption. A. 1937, 1122. Ratified, June 8, 1937.

Art. 7. Sec. 3. Par. 1. Deficiencies in State Treasury. A. 1911, 49. Ratified, Oct. 2, 1912. State debt increase for teachers' pay. A. 1926,Ex.,31. Ratified, Nov. 2, 1926.
Art. 7. See. 6 . Par. 1. Waycross promotion tax. A. 1937, 1131. Ratified, June 8, 1937. Fitzgerald promotion tax. A. 1939, 31. Ratified, June 6, 1939. Savannah River Wharf. A. 1941, 160. Ratified, June 3, 1941. Fulton County/Atlanta promotional appropriation. A. 1943, 24. Ratified, Aug. 3, 1943.
Art. 7. Sec. 6. Par. 2. Taxing powers of counties-health. A. 1908, 33. Ratified, Oct. 7, 1908. Taxing powers of counties-schools. A. 1910, 45. Ratified, Oct. 5, 1910. Taxing power of counties-vital statistics. A. 1926,Ex.,30. Ratified, Nov. 2, 1926. Taxing powers to Fulton County for schools and pensions. A. 1926,Ex.,20. Ratified, Nov. 2, 1926. A. 1929, 134. Defeated, Nov. 4, 1930. County tax levies for Social Security. A. 1937, 1124. Ratified, June 8, 1937. Agricultural agents tax levy. A. 1937, 1128. Ratified, June 8, 1937. Chatham County Retirement pay. A. 1937, 16. Ratified, June 8, 1937. Fulton and DeKalb Counties educational tax. A. 1937, 18. Ratified, June 8, 1937. Ware County Promotion Fund Tax. A. 1937, 1129. Ratified, June 8, 1937. Fulton County Civil Service. A. 1939, 36. Ratified, June 6, 1939. Fulton County retirement and pension fund. A. 1939, 39. Ratified, June 6, 1939. Taxing powers of counties-fire protection of forest lands and other natural resources, conservation. A. 1937/8,Ex.,28. Ratified, Nov. 8, 1938. Taxing powers of counties-Medical care and hospitalization for indigent sick. A. 1937/8,Ex.,39. Ratified, Nov. 8, 1938.

Richmond County retirement fund. A. 1943, 48. Ratified, Aug. 3, 1943.
DeKalb County educational tax. A. 1943, 20. Ratified, Aug. 3, 1943.
Art. 7. Sec. 6. Par. 3. Public facilities contracts. A. 1941, 50. Ratified, June 3, 1941.
Art. 7. Sec. 7. Par. 1. Augusta flood protection bonds. A. 1909, 77. Ratified, Oct. 5, 1910. County and city debts. A. 1918, 99. Ratified, Nov. 5, 1918. Bonded debt of cities of 150,000. A. 1918, 915. Ratified, Nov. 5, 1918. Street improvement bonds, cities 150,000. A. 1920, 25. Ratified, Nov. 2, 1920. West Point flood protection bonds. A. 1920, 29. Ratified, Nov. 2, 1920. Savannah port debt. A. 1923, 45. Ratified, Nov. 4, 1924. Brunswick port debt. A. 1924, 33. Ratified, Nov. 4, 1924. Coastal highway district created. A. 1924, 35. Ratified, Nov. 4, 1924. Crisp County debt. A. 1925, 72. Ratified, Nov. 2, 1926. Tybee road bond issue. A. 1926,Ex.,22. Ratified, Nov. 2, 1926. Lowndes County and Valdosta bond issue. - A. 1926,Ex.,25. Ratified, Nov. 2, 1926. McIntosh County school bond issue. A. 1926,Ex.,28. Ratified, Nov. 2, 1926. Columbus street improvement bonds. A. 1927, 109. Ratified, Nov. 6, 1928. LaGrange indebtedness. A. 1927, 113. Ratified, Nov. 6, 1928. Temporary loans, Fulton, Chatham and Richmond Counties. A. 1927, 122. Ratified, Nov. 6, 1928. Ware County bonded debt. A. 1927, 124. Ratified, Nov. 6, 1928. Stephens County hospital bonds. A. 1929, 142. Ratified, Nov. 4, 1930. Washington County temporary loans. A. 1929, 147. Ratified, Nov. 4, 1930.

Elbeton bonded debt. A. 1929, 125. Ratified, Nov. 4, 1930.
Cornelia bonded debt. A. 1929, 121. Ratified, Nov. 4, 1930.
Lakeland bonded debt. A. 1929, 130. Ratified, Nov. 4, 1930.
Spalding County temporary loans. A. 1933, 29. Ratified, Nov. 6, 1934.
Albany debt increase. A. 1937, 7. Ratified, June 8, 1937.
Atlanta debt increase. A. 1937,13. Ratified, June 8, 1937.
Dublin debt increase. A. 1937, 22. Ratified, June 8, 1937.
Richmond County temporary loans. A. 1937, 26. Ratified, June 8, 1937.
Swainsboro temporary loans. A. 1937, 34. Ratified, June 8, 1937.
Adel bonded debt; Baxley refunding bonds; Beaverdam School District bonds; Blue Ridge bonded debt; Dublin bonded debt; Eastman bonds; Fannin County temporary loans; Gainesville debt; Homerville debt; Homerville debt; Jefferson debt; Jeffersonville School District debt; Macon temporary loans; Pineview School District bonds; Savannah refunding bonds; Sparks bonded debt; Vidalia refunding bonds; Willacoochee refunding bonds. A. 1937/38, Ex., 7-57, alphabetically arranged. Ratified, Nov. 8, 1938.
Atlanta Revenue Certificates; Augusta temporary loans; Bacon County Refunding bonds; Blackshear Refunding bonds; Bowden Refunding bonds; Carrollton Refunding bonds; Fulton County School bonds (East Point and College Park); Fulton, Floyd and DeKalb Counties, temporary loans, Board of Education; Grady County Refunding bonds; Greenville debt; Kite Consolidated School District bonds; Macon debt certificates; Nashville Refunding bonds; Ocilla debt; Ocilla Refunding bonds; Pearson Refunding bonds; Quitman debt certificates; Quitman Refunding bonds; Ray City Refunding bonds; Reidsville School District bonded debt; Savannah debt; Savannah bonded debt; Sylvania debt; Tift County bonded debt; Willie Consolidated School District Refunding bonds. A. 1939, 8-88, alphabetically arranged. Ratified, June 6, 1939.
Coastal Highway District. A. 1939, 23. Ratified, June 6, 1939.
Abbeville School District bonds; Abbeville Refunding bonds; Adrian Consolidated School District bonds; Baker County bonds; Bibb County debt (2) ; Calhoun County Refunding bonds; Cotoosa County bonds; Chattooga Refunding bonds; Claxton School District

Refunding bonds; Claxton Refunding bonds; Cobb County Refunding bonds; Cochran Refunding bonds; Cook County Warran Refunding bonds; Cook County Refunding bonds; Cordele Refunding bonds; Crawford Refunding bonds; Crawford School District debt; Dade County bonded debt; Davisboro School District bonds; Dodge County' bonded debt; Doerun Refunding bonds; Effingham County Refunding bonds; Evans County Refunding bonds; Excelsior School District bonds; Gainesville bonded debt; Hart County Refunding bonds; Hazelhurst Refunding bonds; Irwin County Warrant Refunding bonds; Irwin County Refunding bonds; Jeff Davis Refunding bonds; Jefferson County School District Refunding bonds; Jefferson County School Dist. No. 10 bonds; Johnson Corner School Distirct bonds; Lexington Refunding bonds; Macon debt certificates; Miller County bonds; Miller County Refunding bonds; Mitchell County Board of Education temporary loans; Oglethorpe County Funding bonds; Paulding County Funding bonds; Quitman County debt; Reidsville Refunding bonds; Sandy Cross School District Refunding bonds; Sparks-Adel School District Refunding bonds; Stone Mountain Refunding bonds; Sunny Hill School District; Toombs County Refunding bonds; Unadilla Refunding bonds; Vidalia bonded debt; Walker County bonds; Washington Refunding bonds; Waycross debts; Wilcox County bonds; Wilcox County debt; Wrightsville School District bonds. A. 1941, 9-195, alphabetically arranged. Ratified, June 3, 1941.
Revenue anticipation obligations, not debts. A. 1943, 47. Ratified, Aug. 3, 1943.
Summerville school district bonds. A. 1943, 57. Ratified, Aug. 3, 1943.
Cobb County Funding bonds. A. 1943, 11. Ratified, Aug. 3, 1943.
Atlanta/Fulton County/DeKalb County hospitalization contract? A. 1943, 18. Ratified, Aug 3, 1943.
Glenwood bonded debt. A. 1943, 31. Ratified, Aug. 3, 1943.
Ray City bonded debt. A. 1943, 41. Ratified, Aug. 3, 1943.
Fulton County temporary loans. A. 1943, 26. Ratified, Aug. 3, 1943.
Art. 7 Sec. 8. Par. 1.
Assumption of county debts. A. 1931, 97. Ratified, Nov. 8, 1932.
Highway Refunding bonds. A. 1939, 47. Ratified, June 6, 1939.

Art. 7. Sec. 18. Par. 1. Hancock County Refunding bonds. A. 1941, 93. Ratified, June 3, 1941.
Art. 7. Sec. 18. [Par. 21 Taxation for teacher retirement benefits. A. 1943, 64. Ratified, Aug. 3, 1943.
Art. 8. Sec. 1. Par. 1. Taxation for common schools. A. 1911, 46. Ratified, Oct. 2, 1912.
Art. 8. Sec. 2. Par. 1. State School Commissioner made elective. A. 1894, 34. Ratified, Oct. 7, 1896.
State School Superintendent-Term of office. A. 1935, 1236. Defeated, Nov. 3, 1936. A. 1941, 165. Ratified, June 3, 1941.
Art. 8. Sec. 4. Par. 1. Local school tax. A. 1903, 23. Ratified, Oct. 5, 1904. A. 1919, 66. Ratified, Nov. 2, 1920. A. 1931, 103. Ratified, Nov. 8, 1932. A. 1931, 105. Ratified, Nov. 8, 1932. A. 1943, 16. Ratified, Aug. 3, 1943. Pierce County High School tax. A. 1929, 139. Ratified, Nov. 4, 1930. Brantley County School tax. A. 1937/8,Ex., 17. Ratified, Nov. 8, 1938. Floyd County High School tax. A. 1937/8,Ex., 30. Ratified, Nov. 8, 1938. Chatham County School tax. A. 1941, 37. Ratified, June 3, 1941.
Art. 8. Sec. 6. Par. 1. University and high school appropriations. A. 1920, 32. Ratified, Nov. 2, 1920.
Art. 8. Sec. 6. Par. 2. Constitutional University system regents. A. 1943, 66. Ratified, Aug. 3, 1943.
Art. 11. Sec. 1. Par. 1. Taxes for Fulton County improvements. A. 1929, 135. Ratified, Nov. 4, 1930. Cobb County fire prevention tax. A. 1937/38, Ex., 20. Ratified, Nov. 8, 1938.

DeKalb County improvements tax. A. 1941, 69. Ratified, June 3, 1941.
Art. 11. Sec. 1. Par. 2. Fixing number of counties. A. 1904, 47. Ratified, Oct. 5, 1904.

Creating new counties a s follows:

A. 1906, 28. Ratified, Nov. 6, 1906. Ben Hill.

A. 1912, 38. A. 1912, 41.
iA. 1914, 23.
A. 1916, 17.

. Ratified, Oct. 2, 1912. Bleckley.
Ratified, Nov. 5, 1912. Wheeler.

Ratified, Nov. 3, 1914. Ratified, Nov. 7, 1916.

I Bacon.
Bacon.

A. 1914, 27. Ratified, Nov. 3, 1914. Barrow.

A. 1914, 29. Ratified, Nov. 3, 1914. Candler.

A. 1914, 33. Ratified, Nov. 3, 1914. Evans.

A. 97,4

Ratified, Nov. 5, 1918. Atkinson.

{A. 1918, 106.

A. 1917, 44. Ratified, Nov. 5, 1918. Treutlen.

A. 1918, 102. Ratified, Nov. 5, 1918. Cook.

1A. 1919, 68. Ratified, Nov. 2, 1920. A. 1920, 19, 45.

Lanier.

A. 1920, 34. Ratified, Nov. 2, 1920. Brantley.

A. 1920, 38. Ratified, Nov. 2, 1920. Lamar.

A. 1920, 48. Ratified, Nov. 2, 1920. Long.

A. 1920, 52. Ratified, Nov. 2, 1920. Seminole.

A. 1922, 28. Defeated, Nov. 2, 1922. Peach.

A. 1924, 39. Ratified, Nov. 4, 1924. Peach.

Art. 11. Sec. 1. Par. 2-A. Consolidation of city and county governments. A. 1924, 811. Ratified, Nov. 24, 1924.
Art. 11. Sec. 1. Par. 6. Taxes for sanitation, Glynn and McIntosh counties. A. 1929, 137. Ratified, Nov. 4, 1930.

Art. 11. Sec. 1. Par. (7.) DeKalb County increased taxing power. A. 1937, 20. Ratified, June 8, 1937. Bibb County public service districts. A. 1943, 8 Ratified, Aug. 3, 1943.

Art. 11. Sec. 2. Par. 1. County officers' terms. A. 1914, 43. Ratified, Nov. 3, 1914. Spalding County school board. A. 1943, 53. Ratified, Aug. 3, 1943.

Art. 11. Sec. 3. Par. 1. Office of county treasurer. A. 1914, 42. Ratified, Nov. 3, 1914. Consolidation of offices Tax Receiver and Tax Collector. A. 1924, 815. Ratified, Nov. 4, 1924.
Art. 11. Sec. 3. Par. 2. Fulton County Public Officers' Deputies. A. 1939, 33. Ratified, J u n e 6, 1939.

CHRONOLOGICAL ANALYSIS OF PROPOSALS TO AMEND CONSTITUTION OF 1877.

Year of Act Proposals

Ratified

Rejected No record

1885

2

2 (1886)

1887

1

1 (1888)

1889

2

1 (1890)

1

1890

1

1 (1892)

1891

3

3 (1892)

1893

3

1 (1894)

2

1894

1

1 (1896)

1895

1

1 (1896)

1897

3

3 (1898)

1899

1

1 (1900)

1903

2

2 (1904)

1904

2

2 (1904)

1905

1

1 (1906)

1906

4

4 (1906)

1907

1

1908

4

4 (1908)

1909

1

1 (1910)

1910

2

2 (1910)

1911

3

3 (1912)

1912

5

5 (1912)

1913

1

1 (1914)

1914

9

9 (1914)

1916

5

4 (1916) 1 (1916)

1917

4

4 (1918)

1918

11

11 (1918)

1919

2

2 (1920)

1920

10

10 (1920)

1921

1

1 (1922)

1922

3

1 (1922)

2 (1922)

1923

1

1 (1924)

1923 Ex.

1

1 (1924)

1924

6

6 (1924)

1925

2

1926 Ex.

7

2 (1926) 7 (1926)

1927

8

8 (1928)

1929

13

8 (1930)

5 (1930)

1931

8

6 (1932)

2 (1932)

1933

1

1 (1934)

1935

7

2 (1936)

5 (1936)

1937

26

26 (1937)

1938 1939

23

23 (1938)

33

33 (1939)

1941

70

69 (1941)

1 (1941)

1943 '

-28

-28 (1943) -

-

323

301

18

4

Of the foregoing proposals, 120 only were of general interest, 203

were of local concern.

150

COMMISSION TO R E V B E CONSTITUTION.
No. 44.
A RESOLUTION.
Whereas, the present Constitution of ~ e o r ~wiaas adopted in 1877, sixty-six years ago, shortly after the end of the reconstruction government, and while the fear of alien 'domination and control was still prevalent, since which time the conditions in the state have completely changed ; and,
Whereas, in order to adapt the Constitution to the changing needs of the people there have been proposed and adopted no less than two hundred sixty-eight amendments to the Constitution and there have been offered to the present session of the General Assembly a score of additional proposals for amendments; and,
Whereas, these numerous amendments have in many instances provided for a purely local situation applicable to only one county or municipality, or to a small group of counties or municipalities, and many have been temporary, and the purpose for which they were adopted has long ago been fulfilled or abandoned and some of these amendments have changed one paragraph of the Constitution without regard to the other provisions thereof on the same subject, thereby causing inconsistencies in the different provisions, and many of the amendments have been hastily prepared during crowded sessions of the General Assembly, and various provisions of the original Constitution and of the several amendments are ambiguous, and while remaining in the Constitution are no longer in force; and,
Whereas, a series of amendments designed to clarify certain articles and provisions of the Constitution and to remove some of the inconsistencies and ambiguitfes therein, have been necessary and are now necessary; and,
Whereas, there is a continual growing demand for re-

visions of the Constitution; and, Whereas, such revision it is believed, can be done more
satisfactorily by a small Commission proposing amendments to be adopted by the General Assembly and submitted for ratification separately to the people of the State, which will in effect mean that a practically new Constitution can be thus prepared rather than through a Constitutional Convention;
Therefore, be it Resolved by the Senate, the House of Representatives concurring:
1. That a Commission be appointed to revise the Constitution proposing such amendments, both of form and of substance, as in its judgment will remove inconsistencies, clear up ambiguities, render certain to various provisions of the Constitution, strike out obsolete, temporary and local provisions, and better adapt the Constitution, or in effect a new Constitution, to the needs and conditions of the people of the State, and improve the organization and operation of State government.
2. That the Commission be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, five members of the House of Representatives to be appointed by the Speaker, three members of the Senate to be appointed by the President, a Justice of the Supreme Court to be designated by the Court, a Judge of the Court of Appeals to be designated by the Court, the Attorney General, the State Auditor, and two Judges of the Superior Court, three practicing Attorneysat-Law, and three laymen to be appointed by the Governor.
3. That the Commission submit its report in the form of amendments to the several articles, sections and paragraphs of the Constitution or in the form of a proposed new Constitution so that the same may be considered and acted upon by the General Assembly, and then submitted to the people for ratification or rejection by them sepa-

rately as to each article, section and paragraph, or as a whole.
4. That the Commission perfect its own organization
and sit a t such times and such places as it may determine
after the adjournment of the General Assembly, and file its report with the Governor not less than sixty days before the time fixed for the convening of the next General Assembly, said report to set forth in such form as the Commission may determine the new provisions suggested by the Commission, with reasons for making the changes suggested, and such explanation and comment as the Commission may deem best for a clear understanding of its report and the provisions suggested.
5 . The Governor is hereby requested to cause the report of the Commission to be printed under the supervision of the Commission, or a Committee thereof appointed for the purpose, and to be distributed to the members elected to the next General Assembly not less than thirty days before the convening thereof, and to make such report available to the press and the public generally.
6. Tn the event the Governor should deem it necessary to call the present General Assembly into extraordinary session and the Commission is able to keep the work as-
signed to it prior to the convening of such extraordinary
session, the Governor is hereby required to include in his call for the extraordinary session the consideration of the report of the Commission and action thereon so that the several amendments proposed in such forms as may be determined may be submitted to the people for their ratification or rejection to the General Election to be held in 1944.
7. The budget authorities are authorized to make available for the expenses of the Commission including the printing of reports, such funds as may be determined necessary for the work by the Budget Commission, and

such funds shall be paid out of the regular appropriations made for the operation of the General Assembly.
Approved March 17, 1943. (Acts 1943, pp. 1680-1683).
COMMISSION TO REVISE THE CONSTITUTION.
1. Honorable Ellis Arnall, Governor, Newnan, Chairman.
2. Honorable T. Grady Head, Attorney General, Ringgold.
3. Honorable B. E. Thrasher, Jr., State Auditor, Atlanta, Secretary.
4. Honorable Frank C. Gross, President of the Senate, Toccoa.
5 . Honorable Roy V. Harris, Speaker of the House, Augusta.
6. Honorable A. N. Durden, Member of the House, Albany.
7. Honorable Fred Hand, Member of the House, Pelham, Vice-Chairman.
8. Honorable J. W. Culpepper, Member of the House, Fayetteville.
9. Honorable Charles L. Gowen, Member of the House, Brunswick.
10. Honorable J. Roy McCracken, Member of the House, Louisville.
11. Honorable David S. Atkinson, Member of the Senate, Savannah.
12. Honorable David J. Arnold, Member of the Senate, Griffin.
13. Honorable Jeff A. Pope, Member of the Senate, Cairo. 14. Honorable Thomas S. Candler, Judge of Superior
Courts, Blairsville. 15. Honorable Will R. Smith, Judge of Superior Courts,
Nashville.

16. Honorable James V. Carmichael, Attorney-at-Law, Marietta.
17. Honorable Hatton Lovejoy, Attorney-at-Law, LaGrange.
18. Honorable Frank Foley, Attorney-at-Law, Columbus.
19. Nrs. Leonard Haas, Layman, Atlanta.
20. Honorable R. E. L. Majors, Layman, Claxton.
21. Honorable Hamilton Holt, Layman, Macon.
22. Honorable Warren Grice, Associate Justice of Supreme Court, Macon.
23. Honorable Hugh J. Mac-lntyre, Judge, Court of Appeals, Thomasville.
Note: The members indicated by numbers 1 to 5, inclusive, were named in the Act (Ga. Laws 1943, pp. 1680-83); those indicated by numbers 6 to 10, inclusive, were appointed by the Speaker of the House; those indicated by numbers 11 to 13, inclusive, were appointed by the President of the Senate; those indicated by numbers 14 to 21, inclusive, were appointed by the Governor; and those indicated by numbers 22 and 23 were designated by the Supreme Court and Court of Appeals, respectively.
P. T. McCUTCHEN, JR., Assistant Secretary of the Commission, 309 State Capitol, Atlanta, Ga.