CHAPTER LII. ORDINANCES. STATE CAPITAL. Be it ordained by the people of Georgia in Convention assembled : 2720. Ist. That the question of the location of the Capital of this State be kept out of the Constitution to be adopted by this Convention. 2721. 2nd. That at the first general election hereafter held for members of the General Assembly, every voter may endorse 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 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: 1722. 1st. That the Article adopted by the Convention on the subject of Homestead and Exemptions shall not form a part of this Constitution, except as hereinafter provided. 8723. 2nd. 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 "6 Homestead of 1868." 2724. 3d. In the event that a majority of the ballots so cast have endorsed 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 the 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 Seventh of the Constitution of 1868 on the subject of Homestead and Exemptions, and form a part of this Constitution. 2725. 4th. If a majority of the ballots so cast as aforesaid, shall have endorsed upon 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. 726. 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 power hereafter to re-organize, 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 : 2727, 1st That the Constitution as adopted and revised be enrolled and signed by the officers and members of this Convention. 2728. 2d. 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. $729. Constitutional amendment, declaring bonds void. 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, gold bonds, or currency bonds, or Acts 1877, p. 24. the State's alleged guaranty or indorsement of any railroad bonds, or any other bonds, guarantees or indorsements heretofore declared to be illegal, fraudulent or void, by Act or Resolution of the Legislature of the State, or that may be declared illegal, fraudulent or void by Act or Resolution Acts 1875, p. 27. 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 the Cartersville and Van Wert Railroad Company, and of the Cherokee Railroad Company; the indorsement of the State upon the bonds of the Bainbridge, Cuthbert and Columbus Railroad Company; and all other bonds, guaranties, or indorsements declared illegal, fraudulent, or void, as herein provided. Nor shall any General Assembly ever have power to provide for the re-indorsement of such railroad bonds, or to place the State's guaranty upon the same; or to provide for the indorsement, or guaranty by the State of any new bonds issued in lieu of, or to pay off, or retire, such railroad bonds, by any railroad company; or to issue bonds of the State to such railroad companies, or other persons in payment, or in lieu of such indorsed bonds, or other bonds herein declared illegal; or to lend the aid, or credit of the State by any act, resolution, or law, to such railroad companies, or to other incorporated companies, or persons, acquiring, or succeeding to the rights and franchises of said companies; or to buy the railroads of such companies; or to submit the question of the liability of the State upon any of the bonds, or indorsements upon bonds, or other guaranty herein declared illegal, fraudulent, and void, or upon any claim for money advanced upon said bonds, indorsements, or guaranties, or expended by said companies, or other person in and about the construction of said railroads, to the decision of any Court, tribunal, or person whatever; or to pay, assume, or secure, directly or indirectly, by any act, resolution, or law, any money advanced, or claimed to have been advanced on the bonds, indorsements, or guaranties herein declared invalid. The foregoing is the amendment ratified on the first day of May, 1877, and referred to in section 675 of this Supplement. GOVERNOR'S PROCLAMATION. DECEMBER 21st, 1877. STATE OF GEORGIA: WHEREAS, a Convention of the people of the State of Georgia did assemble at the Capital on the eleventh day of July last; and whereas, the said Convention did revise the Constitution of the State and provide that the proposed new Constitution be submitted to the people for ratification or rejection; and whereas, the said Convention, by ordinances, provided that the people should vote separately on the question of the location of the Capital at Atlanta or Milledgeville, and also on the adoption of the Homestead of 1868 or the Homestead of 1877: And whereas, on the first Wednesday in December, the present month, an election was held in conformity with the law prescribed by the Convention, and the vote cast by the the citizens of the State was, for Ratification, 110,442, and against Ratification, 40,947, being a majority of 69,495 votes for the ratification of the Constitution. The vote cast for the location of the Capital was, for Atlanta, 99,147, and for Milledgeville, 55,201, being a majority of 43,946 votes for Atlanta. The vote cast for the adoption of a homestead was, for the Homestead of 1877, 94,722, and for the Homestead of 1868, 52,000, being a majority of 42,722 votes for the Homestead of 1877: Now, therefore, I, Alfred H. Colquitt, Governor and Commander-in-Chief of the State of Georgia, do issue this my proclamation declaring that the Constitution adopted by the Convention at Atlanta, in the year of our Lord one thousand eight hundred and seventy-seven, is ratified by the people of the State of Georgia, and is now the Constitution of the State. Also, that Atlanta is declared to be the Capital of the State of Georgia. And that the article adopted by the Convention on the subject of the Homestead forms a part the new Constitution. Given under my hand and the Great Seal of the State, at the Capitol in Atlanta, this twenty-first day of December, in the year of our Lord one thousand eight hundred and seventy-seven. By the Governor: N. C. BARNETT, Secretary of State. ALFRED H. COLQUITT. SPECIAL CHARGES TO GRAND JURIES. The Judges of the Superior Courts are required to give in special charge to the Grand Juries at each term of their respective Courts, the following provisions: 1. (4538.) Law prohibiting the keeping or maintaining of a gaming house. 2. (4539.) The law in reference to allowing minors to play in liquor shops. 3. (4540.) The law prohibiting the keeping of gaming tables. 4. (4541.) The law prohibiting and punishing gambling in any shape. 5. (4542.) (4543.) (4544.) The laws in reference to the allowing of minors to play at gambling tables, at billiards or ten pins, as well as of clerks and bank officers. The players in all these cases are competent witnesses. 6. (4527.) The law against carrying concealed weapons. 7. The law against selling poisonous drugs to colored persons-found in Cobb's Digest, p. 1010. This law is doubtless abrogated by the provisions of the Constitution conferring the privileges of citizenship on this class. 8. (4585.) The law in reference to the keeping of lights and water on passenger cars running on railroads. 9. (4591.) The law in reference to forestalling, regrating, and engrossing. 10. The law prohibiting the sale of liquors to one who is drunk, found in section 444 of this Supplement. 11. (4574.) The law against interference with public worship. 12. (4575.) The law prohibiting the sale of liquors within a mile of a place of worship. 13. (4576.) The law concerning the sale of property within a mile of any camp ground. 14. At the Fall terms, the law in regard to the assessment of taxes, found in sections 106 and 107 of this Supplement. See also section 505 of the Code. Acts 1871-2, p. 55. Code section 3249. SPECIAL DUTIES OF GRAND JURIES. 1. To inspect the Public Buildings and Records: Code, 2504. 2. To recommend county tax, when necessary, at the Spring Term: Code, 2509, 512. 3. To inquire into and report upon the financial condition of the county: Code, 88510, 553. 4. To allow insolvent lists of Tax Collectors: Code, 22858-863. 5. To correct mistakes in Tax Receivers returns: Code, 23919. 6. To inspect and examine the offices, papers, books, records and accounts and vouchers of the Superior Court Clerk, the Ordinary and the County Treasurer: Code, 83920-3923. 7. To examine the list of voters required to be laid before them, and to take such action thereon as the law requires: Code, 1290, 3924. 8. To present the Road Commissioners for neglect of duty: Code, 2661. 9. At Fall Term, to examine accounts of the sales of estrays: Code, page 692. 10. To select the County Board of Education: Code, 1254. 11. At the Spring Term, to assess and declare the salary of the County Judge: Code, 281. 12. To inquire into the record of prisoners directed to be kept by the Sheriff of the county: Supplement, 253. 13. To examine and approve the returns of county officers required to be made to them: Supplement, 267. 14. At the Fall Term, to overlook the Tax Receiver's returns, and make correct assessment of the taxable property of the county: Supplement, 106. 15. At Spring Term, to examine and make up presentments concerning the condition of the school operations of the county for the preceding year: Supplement, 201. 16. To choose a Board of Health in those counties where there are no Commissioners: Supplement, 8221. 17. To receive the County Treasurer's report of the disposition of the fines and forfeitures: Supplement, 2293. 18. To examine the Dockets and Bills of Cost of all the Justices of the Peace and Notaries Public of the county: Code, 24505. 19. To recommend to Judge of the Superior Court the appointment of Notaries Public: Supplement, 2634. See, also, section 686 of this Supplement, and other provisions elsewhere. SECTIONS OF THE CODE Changed, modified or repealed by the Acts of the General Assembly since the Code, and the provisions of the Constitution of 1877. NOTE. The first figures in the following table refer to the sections of the Code, and the figures following refer to the sections in the Supplement amending or repealing Code. Section 1...... Const. sections 708-710. 3......Stats. section 2. Section 368......Const. section 636. 66 369......Const. section 637. 383. 398... 514. ..... 516. 517 372 .....Const. sections 638-640. .Stats, sec ion 55. .Stats. section 57. 402......Stats. section 59. Const. section 669. .Stats. sections 97, 98, 103. .Stats. section 404. 520-521...... Sta's. sections 135-137. 598......Stats. section 74. 66 610......Stats. section 75. 66 659......Stats. section 76. 708......Stats. section 311. 710. .....Stats. section 311. 66 738. ....Stats. section 50. 66 66 66 815......Stats. section 97. 816......Stats. section 104. |