§626. Par. IX. Presiding Judge disqualified. The General Assembly may provide by law for the appointment of some proper person to preside in cases where the presiding Judge is, from any cause, disqualified.

What does not disqualify Judge: 53 Ga., 584.

SECTION V.

$627. Paragraph I. Judges of Superior and City Courts may alternate, when. In any county within which 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 Judge of either Court is disqualified to preside.

SECTION VI.

§628. Paragraph. I. Ordinary-appeals from. The powers of a Court of Ordinary, and of Probate, shall be vested in an Ordinary for each county, from whose decision there may be an appeal (or, by consent of parties, without a decision) to the Superior Court, under regulations prescribed by law.

Ordinary's jurisdiction: 53 Ga., 302; 54 Ga., 87, 180; 56 Ga., 430.

$629. Par. II. Powers. The Courts of Ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes, and other county matters, as may be conferred on them by law.

§630. Par. III. Term of office. The Ordinary shall hold his office for the term of four years, and until his successor is elected and qualified.

SECTION VII.

§631. Paragraph I. Justices-number and term. 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.

250.

§632. Par. II. Jurisdiction. Justices of the Peace shall have jurisdiction in all civil cases, arising ex contractu, and in cases of injuries or damages to personal property, when the principal sum does not exceed 262. one hundred dollars, and shall sit monthly, 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 regulations as may be prescribed by law.

Appeals under Constitution of 1868: 50 Ga., 601. Appeal cases must be tried by special jury, even where no issuable defense is filed under oath: Howell vs. Glover, August Term, 1877. Claim cases: 54 Ga., 663. Set off: 54 Ga., 121. Generally: 46 Ga., 41; 52 Ga., 653; 53 Ga., 568; 54 Ga., 121; 55 Ga., 410. Jurisdiction of Justice Courts: Western and Atlantic Railroad vs. Brown, April 3d, 1877 See, also, 54 Ga., 496, 595 : 55 Ga., 419, 315: 56 Ga., 282. Note cannot be reduced to give jurisdiction: Cox, Hill & Thompson vs. Stanton, January 23d, 1877, etc. See, also, Robinson vs. Masterson; Sheffield vs. Cannon, Jan. 8th, 1878. §633. Par. III. 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.

Malpractice: 54 Ga., 653; 57 Ga., 420.

SECTION VIII.

§634. Paragraph I. Notaries Public-how appointed, etc. Commissioned Notaries Public, not to exceed one for each militia district, may be appointed by the Judges of the Superior Courts in their respective circuits, upon recommendation of the grand juries of the several counties.

255.

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.

See 46 Ga., 208.

SECTION IX.'

§635. 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 as regulated by law, 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.

SECTION X.

$636 Paragraph I. Attorney General-election. 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 in the same manner as the Governor.

§637. Par. II. 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.

SECTION XI.

$638. Paragraph I. Solicitor General-term. There shall be a Solicitor General for each judicial circuit, whose official term, except when commissioned to fill an unexpired term, shall be four years.

§639. Par. II. 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.

SECTION XII.

§640. Paragraph I. Judges elected by General Assembly-vacancies. The Judges of Supreme and Superior Courts, and Solicitors General, shall be elected by the General Assembly, in joint session, on such day, or days, as shall be fixed by joint resolution of both Houses. At the session of the General Assembly which is held next before the expiration of the terms of the present incumbents, 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, resignation or other cause, shall be filled by appointment of the Governor, until the General Assembly shall convene, when an election shall be held to fill the unexpired portion of the vacant terms.

Appointment of Judges under Constitution of 1868: 54 Ga., 391.

SECTION XIII.

§641. Paragraph I. Salaries of Judges, etc. 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.

§642. Par. II. How salaries may be changed. The General Assembly may, at any time, by a two-thirds vote of each branch, prescribe other and different salaries for any, or all, of the above officers, but no such change shall affect the officers then in commission.

SECTION XIV.

§643. Paragraph I. Qualifications. No person shall be Judge of the Supreme 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 a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected Solicitor General, unless, at the time of his election he shall have attained twenty-five 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.

SECTION XV.

$644. Paragraph I. Divorce. No total divorce shall be granted, except on the concurrent verdicts of two juries at different terms of the Court.

§645. Par. II. Last jury determines disabilities. When a divorce is granted, the jury rendering the final verdict shall determine the rights and disabilities of the parties.

See 54 Ga., 285.

SECTION XVI.

§646. Paragraph I. Divorce cases-where brought. 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 1717. county in which the plaintiff resides.

§647. Par. II. Land titles-where tried. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a courty line, in which case the Superior Court in either county shall have jurisdiction.

Case begun before provision was incorporated in Constitution of 1868: 54 Ga., 87. Mortgage on realty: 53 Ga., 285.

§648. Par. III. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.

Substantial relief: Huff vs. Ripley & Tinsley et al., March 6th, 1877. Copartners: 54 Ga., 486; 55 Ga., 329. See, also, 50 Ga., 572. Garnishee cannot give jurisdiction: 57 Ga., 75.

§649. Par. IV. Suits against joint obligors, etc. Suits against joint obligors, joint promissors, copartners, or joint trespassers, residing in different counties, may be tried in either county.

$650. Par. V. Suits against maker and 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.

$651. Par. 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.

Against railroads: 49 Ga., 373, 626; 50 Ga., 304; 52 Ga., 410; 53 Ga., 499; 54 Ga., 251, 499. Insurance Companies: 54 Ga., 376; 55 Ga., 103. Generally: 46 Ga., 600; 53 Ga., 514; 55 Ga., 36, 194, 329; 56 Ga, 655; 57 Ga., 459; Davis vs. The State, January Term, 1877. Chattel Mortgage: 45 Ga., 549; 54 Ga., 167.

SECTION XVII.

§652. Paragraph I. Change of venue-civil and criminal. 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.

See 54 Ga., 371.

2458.

232.

SECTION XVIII.

§653. Paragraph I. Trial by jury. The right 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 traverse jury in Courts other than the Superior and City Courts.

Less than twelve jurors allowed: 51 Ga., 264, Generally: 54 Ga., 180; 57 Ga., 206.

§654. Par. II. Grand and traverse 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.

$655. Par. III. Compensation. It shall be the duty of the General Assembly, by general laws, to prescribe the manner of fixing compensation of jurors in all counties in this State.

SECTION XIX.

$656. Paragraph I. County Commissioners. The General Assembly shall have power to provide for the creation of County Commissioners in such counties as may require them, and to define their duties.

See 52 Ga., 233.

SECTION XX.

§657. Paragraph I. Courts abolished. 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.

SECTION XXI.

$658. Paragraph I. Costs in Supreme Court. 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.

ARTICLE VII.

FINANCE, TAXATION AND PUBLIC DEBT.

SECTION I

$659. Paragraph I. Taxation-how and for what purposes exercised. The powers of taxation over the whole State shall be exercised by the - 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.

SECTION II.

$660. Paragraph I. Must be uniform, etc.-dogs. All taxation shall be uniform upon the same class of subjects, and ad valorem on all property subject to be taxed, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws. The General Assembly may, however, impose a tax upon such domestic animals as, from their nature and habits, are destructive of other property.

Generally: 47 Ga., 562; 51 Ga., 252; 52 Ga., 285; 53 Ga,, 454, 588; 54 Ga., 330; 56 Ga., 290; Stockholders of First Nat. Bank of Americus vs. Peer, October 16th, 1877, No interference: Decker. McGowan; Georgia Loan Association vs McGowan, September 22d 1877. Recommendation of Grand jury: 52 Ga., 233, 405; 53 Ga., 191. Sales: 51 Ga., 9, 453; 53 Ga., 470. Repeal of exemptions: 54 Ga., 401, 429; 55 Ga., 312, 557 License: 52 Ga., 251; Shepherd et al. vs. Taylor, October 9th, 1877, Municipal taxes: where owner derived no benefit from city government: 53 Ga., 588. On itinerant traders: 55 Ga., 678. Payable quarterly: 54 Ga., 317. Savannah: 55 Ga., 309. Sets off: 56 Ga., 448; 57 Ga., 166. Business tax: 49 Ga, 195: 50 Ga., 530; 52 Ga., 251; 53 Ga., 410, 616; 54 Ga., 645; 55 Ga, 678; Lanier vs. City of Macon; City of Macon vs. First Nat. Bank, November 13th, 1877. Small pox: 52 Ga., 405.

§661. Par. II. 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; the real and 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 and statuary of any company or association, kept in a public hall, and not held as merchandize, or for purposes of sale or gain: Provided, the property so exempted be not used for purposes of private or corporate profit or income.

See 53 Ga., 93; 54 Ga., 330, 401, 423; 55 Ga., 312.

§662. Par. III. Poll tax. No poll tax shall be levied except for educational purposes, and such tax shall not exceed one dollar annually, upon each poll.

$663. Par. IV. Laws exempting property-void. All laws exempting property from taxation, other than the property herein enumerated, shall be void.

§664. Par. V. Tax on corporations. The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract or graut to which the State shall be a party.