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THE STATE CONSTITUTIONS

be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon. such amendment or amendments to be published in one or more newspapers And the General Assembly shall cause in each Congressional district, for two months previous to the time of holding the next general 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.

PAR. II. 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 representation in said convention shall be based on population as near as practicable.

SECTION II.

or

PARAGRAPH I. The Constitution shall be submitted for ratification rejection to the electors of the State, at an election to be held on the first Wednesday in December, one thousand eight hundred and 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. at said election in favor of adopting the Constitution shall write or have All persons voting 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”.

PAR. II. The votes cast at said election shall be consolidated in each of the counties of the State as is now required by law in elections for members 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 selection by publication in one or more newspapers in each Congressional district of the State; but should a majority of the votes cast be against ratification, he shall in the same manner proclaim the said Constitution rejected.

ORDINANCES.

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 members of the General Assembly, every voter may indorse on his ballot "Atlanta" or "Milledgeville," and the one of these places receiving the largest number of votes shall be the capital of the State until changed by the same authority and in the same way that may be provided for the alteration of the Constitution chat 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.

HOMESTEAD.

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 exemption 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. In 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 Seven 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 pon 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.

JUDICIAL CIRCUITS.

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 Tower hereafter to reorganize, increase, or diminish the number of circuits: Provided, however, that the circuits shall remain as now organized until changed by law.

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.

JAMES COOPER NISBET, Secretary.

C. J. JENKINS, President Constitutional Convention.

VOID BONDS 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 honds, 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 this 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 23d, 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

into Canoochee River: and from thence down Canoochee River in a southeasterly direction to the starting point at Johnson's Ferry. That the territory embraced in the foregoing boundary lines shall be known as and be named Evans County, and the city of Claxton shall be the county site of the same. That said proposed county shall be attached to the First Congres sional District. to the Atlantic Judicial Circuit and to the Second Senatorial District. That all legal voters residing within the limits of said proposed county of Evans, entitled under the laws of Georgia to vote for members of the General Assembly, shall, on the first Wednesday in January following the ratification by the people of this proposed amendment, elect the following officers for the said county of Evans: An ordinary, a clerk of the Superior Court, a sheriff, a coroner, a tax collector, a tax receiver, a county treasurer. a county surveyor, a county superintendent of public schools, and three commissioners of roads and revenues, said election to be held at Claxton, the county site, according to law. That the Superior Courts of the said county of Evans shall be held on the fourth Mondays of January. March, June and October, of each year and that the grand jury for said county of Evans shall serve at the January and June terms of said court, each year; provided. however, that the Judge of the Superior Court may, in his discretion, cause the grand jury of said county to be summoned at any term of said Superior Court. That the limits of said county of Evans, the congressional and Statesenatorial districts, the judicial circuit to which said county of Evans is hereby attached, the terms of the Superior Court of the same shall be as designated herein until changed by law; provided, that the laws applicable to new counties, and not inconsistent, or in conflict with the provisions of this Act, as found in Section 829 to 848, inclusive, of the Code of Georgia, 1910, are hereby made applicable to said county of Evans, whenever said county is created, and that said county shall be subject to all laws applicable to all other counties of this State.81

PAR. III. County lines shall not be changed, unless under the operation of a general law for that purpose.

PAR. IV. No county site shall be changed or removed, except by a twothirds vote of the qualified voters of the county, voting at an election held for that purpose, and a two-thirds vote of the General Assembly.

PAR. V. Any county may be dissolved and merged with contiguous counties, by a two-thirds vote of the qualified electors of such county, voting at an election held for that purpose.

SECTION II.

PARAGRAPH 1. The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office 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 this amendment shall not become effective until January 1st, 1917.32

SECTION III.

PARAGRAPH I. 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 appointment of com

Paragraph II has been amended nine times; the first amendment was proposed by the general assembly of 1904 and ratified on Oct. 5, 1904; the second amendment was proposed by the general assembly of 1906 and ratified on Nov. 6, 1906; the general assembly of 1912 proposed two amendments to this Paragraph, one of which was ratified on Oct. 2 and the other on Nov. 5, 1912; the general assembly of 1914 proposed four amendments to this Paragraph, all of which were ratified on Nov. 3, 1914; the general assembly of 1916 proposed one amendment which was ratified on Nov. 7, 1916. The Paragraph has been amended by successive additions. Amendment proposed by the general assembly of 1914 and ratified on Nov.

3, 1914.

missioners of roads and revenue in any county, and may abolish the office of County treasurer in any county, or fix the compensation of county treasurer and such compensation may be fixed without regard to uniformity of such compensation in the various counties.33

SECTION IV.

PARAGRAPH 1. 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.

ARTICLE XII.

THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE.

SECTION I.

PARAGRAPH I. 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.

PAR. II. Second, as next in authority thereto; this Constitution.

PAR. III. Third, in subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution, and the ordihances of this Convention, shall remain of force until the same are modified or repealed by the General Assembly. The tax acts and appropriation acts passed by the General Assembly of 1877, and approved by the Governor of the State, and not inconsistent with the Constitution, are hereby continued in force until altered by law.

PAR. IV. Local and private acts passed for the benefit of counties, cities, towns, corporations, and private persons, not inconsistent with the supreme aw, 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.

PAR. V. All rights, privileges, and immunities which may have vested in, or accrued to, any person or persons, or corporations, in his, her, or their own right, or in any fiduciary capacity, under and in virtue of 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.

3, 1914.

PAR. VI. All judgments. decrees, orders, and other proceedings of the several courts of this State, heretofore made, within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by notion for a new trial, appeal, bill of review or other proceeding in conformity with the law of force when they were made.

PAR. VII. 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.

PAR. VIII. 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 homestead and Capital question to a vote of the people, which ordinances, after being voted on, shall have the effect of constitutional provisions.

ARTICLE XIII.

AMENDMENTS TO THE CONSTITUTION.

SECTION I.

PARAGRAPH I. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall

Amendment proposed by the general assembly of 1914 and ratified on Nov.

be agreed to by two-thirds of the members elected to each of the two houses. such proposed amendment or amendments shall be entered on their 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 previous to the time of holding the next general 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.

PAR. II. No convention of the people shall be called by the General As sembly to revise, amend, or change this Constitution, unless by the concurrence of two-thirds of all the members of ach house of the General Assembly. The representation in said convention shall be based on population as near as practicable.

SECTION II.

PARAGRAPH I. The Constitution shall be submitted for ratification or rejection to the electors of the State, at an election to be held on the first Wednesday in December, one thousand eight hundred and 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 holling elections for members of the General Assembly. All persons voting at said election in favor of adopting the 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”.

PAR. II. The votes cast at said election shall be consolidated in each of the counties of the State as is now required by law in elections for members 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 selection by publication in one or more newspapers in each Congressional district of the State; but should a majority of the votes cast be against ratification, he shall in the same manner proclaim the said Constitution rejected.

ORDINANCES.

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 members of the General Assembly, every voter may indorse on his ballot "Atlanta" or "Milledgeville." and the one of these places receiving the largest number of votes shall be the capital of the State until changed by the same authority and in the same way that may be provided for the alteration of the Constitution that may be adopted by the Convention, whether said Constitution be ratified or rejected. And that every person entitled to vote for members of the General Assembly under the present Constitution and laws of this State, shall be entifled 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.

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