The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1877-09-07
tn. Judge Of either court i. disqualified 10 pre-
Gecston W

he an appeal or, Oy cDHrrtts Va Pa 1890
a decision 10 the Superior Court, under rsgn-
laiions prescribed by law.
Par .. Tie Courts Of Ordinary shall have
such powers in relation to roads, bridges, ier-
fies, public buildings, paupers, county omcerr,
county funds, county taxes and other county
matters, M may be conferred on them by iaw.
Par 5. The Ordinary shall hold his office fr
the term Of four years, and until his successor
is elected and qualified.
seetion VII
Par. 1. There shall be in zach militia district
one Justice IF The Peace, whore Ofhcial term,
except wien elected 10 fill all unexpired term,
shall be four years.
Par 2. Justices of the Peace shall have ju-
risliciion in all civil cses, arising e1 contractn
and IN cases Of injuries or damages to personal
property when the principal sum dos not ex
coed one hundred dollars, and shall sit mohthly
at fixed tiines aud places but IN 81 cases there
may be an appeal t0sa curry in said court, or
| on appeal 70 tie Superior Court, under such
regulations as may be prescribed by law
| Par. 3. Justices Of the Peace shall he elected
iy The legal voters in their respective districts,
aud shall be commissioned by the Goysril0r :.
| They shall be- removable on conviction for NAL
practice in Office
Section VII.
| Par. l. Commissioned Notaries Public not to
exceed one for each militia district, may be ap-
pointed by the Judges Of the Superior Courts IN
| their respective circuits, upon recommendation
! ~ tho Grand uries otsrihe several countss.-
| They Shall b. commn sioned by the Governor
for the tenn Of four years. and shall be er ottcso
| Justices of tie Peace.,and shall be removable
ON conviction for malpractice III oihce
Section TX.
| Par. l. The jurisdiction, powers. proceedings
| and practice Of all courts or officers invested
| with judicial powers Except City Courts) OF
the same grade or class. 50 far AS regulated by
] law and the force and eff ct Of the process,
/ Judgment and decree. by such courts. severay,
| shall be uniform. This uniformity must be es
tabIished by the General Assembly
| Section X.
| Par |. There shall be an Attorney General
| of this State, who shall be elected by the people
at The same time, for the same term and III the
same manner as the Governor.
| Par 2. 1t shall be the duty Of the Attorney
General to act as the legal adviser OF the Exec
utive Department, to represent the State III the
Supreme Court in all civil and criminal cases IN
auy court when required by the Governor, and
| TO perform such other services as shall be re
quircd II him by law.
l jSecttOH y 4.
| Par l. There shall be Solicitor General for
| each iudicial circuit whose official term except
| when commissioned TO fill an unexpred term,
| shall be four YEARS.
| Par. q II sli.Il be duty Of the Solicitor Cen
| eral 10 represent the State in all cases taken up
| from his circuit 10 the Supreme Court; and to
perform such other services as shall be required
Of him by law.
Section XII.
Par. 1. The Judges Of the Supreme and Su.
! perjor Courts, and Solicitors General, shall be
elected by the CeneIa al Assembly, in joint reso-
| luton of both houses. At the session Of the
General Assembly which is held next before
the expiration of the terms of the present incum
benls as provided in this Constitution. their
successors shall be chosen; and the same shall
apply TO the election Of those who shall succeed
them. Vacancies occasioned by death resigna-
ton or other cause shall be filed by appoint
ment Of the Governor, until the General Assem-
bly, shall convene, when an election shall be
held TO fill tue unexpired portion OF the vacant
terms.
Section XIII.
pa, |. The Judges of the Supreme Court
shall have, ont of the Treasury Of the State,
salaries not 10 exceed three thousand dollars
per annuni The Judges of the Superior Courts
shall have ,iares not 10 exceed two thousand
dollars per nnum; the Attorney General shall
have n salary not TO exceed two thousand dol
lars per snnun; and d. lgs General
rhall each have salarissal n two hun
,Ired and fifty dollars per afhuiff; but the At
torney GeneI al shall not lave any fee or per-
quisile in any arising after the adoption of
this Constitution; but the provisions of this
section shall not affect the salaries Of those now
! in office.
Par g The General Assembly may, at any
time, by two thirds vote of each branch, pre-
scribe other and different salaries Of any, or all,
of the above officers, bnt no such change shall
affect the officers then in commission.
| Section XIV.
| Par. L. No person shall be Judge of the SUI
prtme or Superior Courts. or Attorney General
unless at the time Of his election he shall have
attained the age of thirty years, and shall have
| been citizen of the State three years, and have
| practiced law for seven years; and no person
! shall hereafter be elected Solicitor General I'M
less at the time of his election he shall have at
tanned twenty-five years of age, shall have been
1t citizen of the State for three years next pre-
cednns his election.
| Section Ky,
| Par. l. No total divorce shall be granted, ex-
cppt on the concurrent verdicts of two iuries, at
different TENS ofthe court.
Par. 2. " hen divorce is granted the jury
rendering the final verdict shall determine the
| rights aud di' abilities of the parties.
Section XVI
| Par. I. Divorce cases shall be brought in the
county where the defendant resides, If resi-
dent Of this Estate if the defendant be not a
resident Of this State then sin the county in
which the plaintiff resides
| Par. .. Cases respecting titles to land shall
be tried in the county where the land lies, ex-
cept where single tract is divided by a county
| line, in which the Superior Court of either
county shall have jurisdiction.
| Par. 3. Equity cases shall be tried in the
county where defendant resides against whom
substantial relief is prayed
| Par. A. Suits against Joint obgors. joint
| promisors, copartners, or joint trespassors re-
siding in different countless may be tried in
either county.
| Par. 5. Suits against the maker and endorser
| of promissory notes, or drawer, acceptor and
rndorser OF foreign or inland bills of exchange
| or like nstI uments, residing in different coun
ties, 81 all be brought in The county where the
maker or aceeptor resides
| Par. q. 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 criue was comm itted, except cases
in the Superior Courts where the Judges is sat
i-lied that an impartial jury cauuo, be obtained
in such county.
Section WI.
| Par |. The power to change the venue in
civil and criminal cases shall be vested in the
Superior Counts. TO be exercised in such man
nsr as has been, or shall be, provided by law.
Section XVIII.
Par i. The tight Of nial by jury, except
where it is otherwise provided in this Constitu-
ton, shall remain nvolaie, but the General
Assembly may prescribe any number, not less
than FIVE, to constitute trial or traverse jury
in courts otler than the Superior and City
Courts
Par. ,. The General Assembly shall provide |
Il