Page images

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 at such election; and the General Assembly may prescribe who shall vote on such question.

Section V. Paragraph I. 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 English education.

Section VI. Paragraph I. The trustees of the University of Georgia may accept bequests, donations and grants of land, or other property, for the use of said university. In addition to the pay. ment of the annual interest on the debt dưe by the State to the University, the General Assembly may, from time to time, make such donations thereto as the condition of the treasury will authorize. And the General Assembly may also, from time to time, make such appropriations of money as the condition of the treasury will authorize to any college or university (not exceeding one in number) now established, or hereafter to be established, in this State for the education of persons of color.

ARTICLE IX. llomestead and Eremptions.

Section 1. Paragraph I. There shall be exempt from levy and sale, by virtue of any process whatever under the laws of this State, except as hereinafter excepted of the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or persons having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value in the aggregate of sixteen hundred dollars.

Section II. Paragraph I. No court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judg. ment, 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 incumbances thereon.

Section III. Paragraph I. The debtor shall have power to waive or renounce in writing his right to the benefit 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 incumber 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.

Section IV. Paragraph I. 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 act amendatory thereto. It may be optional with the applicant to take either, but not both, of such exemptions.

Section V. Paragraph I. 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. Paragraph I. 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.

Section VII. Paragraph I. Homestead 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 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. Paragraph 1. Rights which have become vested under previously existing laws shall not be effected 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 made, and the full purchase-price thereof 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 set apart.

Section IX. Paragraph 1. 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 reinvest the same by order of the judge of the Superior Courts of this State.



Section 1. Paragraph I. 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.

Par. II. 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.

Par. III. 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.

Counties and County Officers.

Section 1. Paragraph I. 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.

Par. II. No new county shall be created.

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 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.

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 I. 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 of 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.

Section III. Paragraph 1. 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.

The Laws of General Operation in force in this State.

Section 1. 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 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.

Par. IV. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons not inconsistent with the supreme law, nor with this 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 corporation, in his, her or their own right, or in any fiduciary capacity, under and in virtue of an 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.

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 motion 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

« PreviousContinue »