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

See 56 Ga, 53: Allen vs. Frost, December 11th, 1877. General waiver not sufficient: Blalock & Company vs. Elliot, November 27th, 1877. See, also, 57 Ga., 348.

SECTION IV.

§692. Paragraph I. Setting apart-Short homestead. The General Assembly shall provide, by law, as early as practicable, for the setting apart and 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 applicant to take either, but not both, of such exemp

tions.

See on Short Homestead: 51 Ga., 476; 54 Ga., 355; 56 Ga., 94, etc.

SECTION V.

§693. Paragraph I. Short homestead may be waived. The debtor shall have authority to waive or renounce in writing his right to the benefit of the exemption provided for in section four, except as is excepted in section three of this Article.

SECTION VI.

§694. Paragraph I. Supplemental 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 the whole amount of exemption herein allowed, a sufficiency to make his exemption equal to the whole amount.

Otherwise under Constitution of 1868: 54 Ga., 515; 55 Ga, 520. See also, section 348 of this Supplement.

SECTION VII.

2346.

2355.

$695. Paragraph I. Homesteads heretofore set apart. 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 342, etc. may be hereafter so set apart, at any time, shall be and remain valid as against all debts and liabilities existing at 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.

$696. Paragraph I. Vested rights protected. Rights which have become vested under previously existing laws shall not be affected by anything herein contained. In all cases in which homesteads have been set apart under the Constitution of 1868, and the laws made in pursuance thereof, and a bona fide sale of such property has been subsequently 359, etc. 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

2346.

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 set apart.

SECTION IX.

§697. Paragraph I. Homestead of 1868 may be sold. Parties who have taken a homestead of realty under the Constitution of eighteen hundred and sixty-eight, shall have the right to sell said homestead and re-invest the same, by order of the Judge of the Superior Courts of this State.

Section 2025 of the Code allowing such sales unconstitutional: 55 Ga., 383.

2177.

ARTICLE X.

MILITIA.

SECTION I.

$698. Paragraph I. Legislature's power over. 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.

See sup., 33 Ga., 38.

$699. Par. II. 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.

$700. Par. III. Pay. 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.

§701. Paragraph I. Counties incorporated. 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.

$702. Par. II. New counties.

$703. Par. III. County lines.

No new county shall be created.

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

$704. Par. IV. County site. 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 two-thirds vote of the General Assembly.

$705. Par. V. Dissolutions provided for. 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.

$706. Paragraph I. County officers-elections. The county officers shall be elected by the qualified voters of their respective counties, or districts, and shall hold their offices for two 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.

See 48 Ga., 137.

SECTION III.

$707. Paragraph I. County officers to be uniform. 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 Commissioners of Roads and Revenue in any county.

Commissioners: Walker et al., vs. Ferrill, May 5th, 1877.

SECTION IV.

SEAT OF GOVERNMENT.

$707a. Capital in Atlanta. 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.

2721.

ARTICLE XII.

THE LAWS OF GENERAL OPERATION IN FORCE IN THIS STATE.

$708. 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 (5217. made under the authority of the United States;

$709. Par. II. State Constitution. Second. As next in authority thereto; this Constitution;

$710. Par. III. Public Statutes. Third. In 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 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.

§711. Par. IV. Local and private Acts. Local and private Acts passed for the benefit of counties, cities, towns, corporations, and private persons, not inconsistent with the supreme law, nor with this 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.

§712. Par. 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 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.

§713. Par. VI. Acts of Courts affirmed. 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 motion for a new trial, appeal, bill of review, or other proceeding, in conformity with the law of force when they were made.

$714. Par. 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.

§715. Par. 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 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.

$716. Paragraph I. How made. 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 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 the 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 submited as to enable the electors to vote on each amendment separately.

$717. Par. II. 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 representation in said Convention shall be based on population as near as practicable.

SECTION II.

$718. Paragraph I. Ratification. 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 holding 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."

§719. Par. II. Votes consolidated. The votes cast at said election shall be consolidated in each of the counties of this 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 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 ratification, he shall in the same manner proclaim the said Constitution rejected. C. J. JENKINS, President.

JAMES COOPER NISBET, Secretary.