CHAPTER IV. THE JUDICIAL DEPARTMENT. ARTICLE I. OF THE SUPREME COURT AND ITS OFFICERS. Const. 1877, 2609, 612. Acts 1877, P. 94. Acts 1877, p. 94. SECTION I. SESSIONS AND JUDGES. $23. (3238.) Time and place of session, etc. The Supreme Court of the State of Georgia shall sit at the seat of government, and its terms shall begin on the third Monday in January and the second Monday in August of each year. The Court shall be held by two or more of the Judges thereof, and shall continue until the business of the Court is disposed of. $24. (3239.) Attendance of Judges, and adjournments. It shall be. the duty of all the Judges of said Court to attend each term thereof; but if from providential cause any one of the Judges cannot attend the Court, such Court may be held by two Judges. If only one Judge shall attend he may adjourn the Court to any time agreed upon by himself and another of said Judges, whose consent shall be in writing and filed with the Clerk of said Court. If no Judge attends it shall be the duty of the Clerk and Sheriff, or either of them, to adjourn said Court until the next regular term. SECTION II. PRACTICE IN. $25. (4252) Bill of exceptions-when to be tendered. Such bill of exceptions shall be tendered to the Judge who presided in the cause, withActs 1875, p. 24. in thirty days from the adjournment of the Court, or the date of the decision at Chambers, and in the event that the Court shall not adjourn within thirty days from the date of the organization and opening of the Court, then such bill of exceptions shall be tendered to the Judge who presided in the cause within sixty days from the date of the decision, judgment, verdict or decree rendered; and if the same is true, and contains, in connection with the transcript of the record, all the facts neeessary to the understanding and adjudication of the alleged error, the said Judge shall sign and certify the same substantially as follows: 2613. The form of the certificate is continued, as in section 4252 of the Code. §26. Cases not to be dismissed—when. No case shall be dismissed by Acts 1877, p. 95. the Supreme Court, or the hearing thereof postponed, by reason of a failure of the Clerk of the Superior Court in transmitting the bill of exceptions and copy of the record, or either of them, in any case, to the Clerk of the Supreme Court: Provided, the bill of exceptions and copy of the record in such case shall reach the Clerk of the Supreme Court before said Court shall have finished the Circuit to which said case belongs; but said case must be entered by said Clerk of the Supreme Court on the docket of cases from the Circuit to which it belongs, and be heard by the Supreme Court at the term to which it should have been returned, after all the cases on the entire docket for that term have been heard; and upon entering said case on the docket aforesaid, said Clerk of the Supreme Court must give notice in writing, at once to the attorney of the defendant in error of the entry and time of hearing. In case the bill of exceptions and copy of the record shall not reach the Clerk of the Supreme Court before the cases from the Circuit to which it belongs shall have been disposed of, said case shall not be dismissed on account of a failure to return or send up the same at the proper time, but shall be placed by the Clerk of the Supreme Court on the docket for the next term of said Court, and then heard with the cases from the Circuit which said case belongs, and the Clerk shall give a notice, in writing, to the attorney of defendant in error, at once, of the entry and time of hearing. Whenever, under this section, notice in writing is to be given by the Clerk of the Supreme Court, it will be sufficient to address a letter to the attorney of defendant in error at his post-office. to Part of this section unconstitutional: See Goodman vs. Morris, decided Oct. 13, 1877. benefit of the provisions of the preceding section who, by his own act, Acts 1877, p. 95. or that of his counsel, has been the cause of the delay or failure to send up said bill of exceptions or a copy of (the) record, by consent, direction or procurement of any kind. $28. Mistakes of Clerk of Superior Court-how corrected. If any mistake shall be made by any Clerk of the Superior Court in his entry of 1d. filing the bill of exceptions in any case, and it has been made so to appear to the Supreme Court, said Court shall take any necessary and proper constitutional order to secure the correction of such mistake, and a hearing of the case. $29. Incomplete record-how corrected. If, at any time, when a case is called for trial, or during the trial, or afterwards, while the Supreme Court may have the same under consideration, it is discovered that the record is so incomplete that justice requires the case to be postponed, or continued until the record can be made complete, the Supreme Court shall take such control, and give such order and direction as may be proper in the premises and constitutional. Acts 1877, p. 95. $30. Want of service may be waived. No case shall be dismissed by Acts 1877, p. 95. the Supreme Court for want of service, when the party benefited by a 4259. failure to serve, shall-if the bill of exceptions and copy of the record in any case shall be in the hands of the Clerk of the Supreme Courtwaive service, and agree that said case may be heard. SECTION III. CLERK OF SUPREME COURT-COMPENSATION OF. $31. Pay-four thousand dollars. The Clerk of the Supreme Court shall receive, as compensation for his services, the sum of four thousand dollars per annum, to be paid out of the money arising from costs in cases before the Supreme Court: Provided, said costs shall amount to said. sum of four thousand dollars as aforesaid, and if the costs shall not amount to said mentioned sum, then the difference between the actual Acts 1875, p. 87. Acts 1875, p. 87. amount of costs, and said four thousand dollars shall be paid said Clerk from the Treasury of the State, upon the certificate of the Judges of the Supreme Court. $32. Excess to be paid over to Treasurer. It shall be the duty of the Clerk of the Supreme Court to collect all costs due on cases in the Supreme Court, and to pay over to the Treasurer of the State all money arising from costs collected as aforesaid in excess of four thousand dollars, which sums of money so paid shall remain as on deposit in the State treasury, and constitute a separate and distinct fund, to be styled the library fund, and subject only to be paid out as provided in section 34 of this Supplement. 1833. Clerk to make statement to Treasurer. It shall be the duty of the Clerk of the Supreme Court, on or before the first day of January in Acts 1875, p. 87. each and every year, to submit to the Treasurer of the State, in writing, a full and fair statement of each case before the Supreme Court during the year preceding his report, showing the items of cost, amount collected, and amount not collected; and if there shall appear any balance due by said Clerk not collected, (except costs due in pauper cases,) or if collected and not paid over, then said Clerk shall be liable to be ruled by the State Treasurer in the Supreme Court, in term time, on the same terms that other collecting officers are ruled. $34. Funds-how applied. The funds thus arising from costs as aforeActs 1875, p. 87. said, in excess of said sum of four thousand dollars, shall be subject to the order of the Judges of the Supreme Court, upon a warrant of the Governor, based upon the certificate of the Judges aforesaid, and shall be used and applied solely to the purchase of such books, pamphlets, or other publications as may be selected or directed to be purchased, by the Judges aforesaid. Const. 1877, 2658. $35. Costs in Supreme Court. The costs in the Supreme Court shall not exceed ten dollars, until otherwise provided by law. Plaintiff in error shall not be required to pay costs in said Court when the usual pauper oath is filed in the Court below. SECTION IV. REPORTS. $36. Reports-how published. It shall be the duty of the Reporter of the Supreme Court to publish the decisions of said Court, in such form Acts 1875, p. 88. that all the decisions made during one term shall be printed in one volume, unless it shall become necessary to add any part of the decisions of the succeeding term, to make a volume of proper size, but in no event, shall more than two volumes be published annually. $37. Report of certain cases may be omitted. The Judges of said Court may direct said Reporter to omit the publication in full of such cases as in Acts 1875, p. 88. their opinion may be understood from the written synopsis of the points. decided, made by them at the time of the decision; and said Reporter shall only publish said synopsis in such cases. ARTICLE II. THE SUPERIOR COURT. SECTION I. WRITTEN CHARGES. §38. (245.) Written charges filed. The charge so written out and read as aforesaid, shall be filed as soon as delivered, with the Clerk of Acts 1877, p. 13. the Court, in which the same was given, and shall be accessible to all persons interested in the same, and the Clerk shall give certified copies thereof to any person applying for the same upon the payment of the usual fee. SECTION II. PRACTICE IN. $39. Trial of cases when State is party. The Judges of the Superior Courts and of the Supreme Court in this State, where cases are pending Acts 1876, p. 104. in said Courts, in which the State is a "party plaintiff" in civil cases, it shall be and is hereby, declared the duty of said Judges to give preference over any and all cases so pending, to such cases, and to use all the power vested in them by law to bring such cases to a speedy trial; and shall, whenever required so to do by counsel for the State, take up said cases for trial, and proceed to try the same, unless the defendant can show some good cause for continuance, when the case shall be continued to a future time in the same term, or to the next term, in the discretion of the Court: Provided, nothing in this section contained shall affect the right of the State to continuance on a proper showing. Awkward reading in the original Act. IN CHANCERY CASES. $40. Jury may find facts only. In the trial of any chancery cause in this State, upon the request of either party to said cause, made after the same is called for trial, and before the beginning of the introduction of Acts 1876, p. 105. evidence in the same, the presiding Judge shall, when charging the jury, instruct and require them to find a special verdict of the facts only in said cause, and shall inform the jury what issues of fact are made by the pleadings in said cause. Upon the special verdict of facts so rendered, the presiding Judge shall make a written judgment and decree in said cause under the law applicable to the same. Questions submitted must present main issue fully: 57 Ga., 459. If questions are omitted counsel cannot complain: Visage vs. McKellar, decided March 13th, 1877. Perpetual injunction decreed, though no express finding: McManus vs. Cook, October 30th, 1877. SECTION III. STENOGRAPHER. $41. Judges may appoint Reporters. The Judges of the Superior Courts of this State shall have the power to appoint and, at pleasure, Acts 1876, p. 133 remove a reporter or stenographic reporter for the Courts of their respec tive circuits. Such reporter, before entering on the duties of his office, shall be duly sworn, in open Court, faithfully to perform all the duties required under this division; and it shall be his duty to attend all Courts in the circuit for which he is appointed, and, when directed by the Judge, as hereinafter set forth, to exactly and truly record, or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel. $42. Compensation in criminal cases. The compensation of the reporter, or stenographic reporter, for taking down the testimony in the Acts 1876, p. 133. trial of such criminal cases as are now required by law to be recorded, shall not exceed fifteen dollars per day, to be fixed by the presiding Judge, which sum shall be paid by the County Treasurer, or other officer having charge of the county funds of the county wherein such criminal case shall be tried, on the certificate and order of said Judge, as to the number of days he has been employed. In cases of conviction, the costs of reporting, as provided in this section, shall be entered up against the defendant, on which judgment the Clerk of the Superior Court shall issue execution, and the money arising therefrom shall be deposited in the treasury of the county, where such conviction was had, to be held as other county funds are held. §43. Compensation in civil cases. The compensation of the reporter Acts 1876, p. 132. or stenographer for recording, or taking stenographic notes, and recording the evidence in such civil cases, as may be agreed by counsel for plaintiff and defendant to be recorded, or in cases of disagreement, as aforesaid, in such cases as the presiding Judge may direct to be recorded, · shall be at a rate not to exceed ten cents per hundred words, to be fixed by said Judge, which fee shall be paid by the parties to the agreement, upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding Judge. $44. Furnishing reports, etc-fee. Said reporter or stenographer shall, for reports of evidence, and other proceeding by him furnished, be paid Acts 1876, p. 133. by the party requesting the same, at a rate not to exceed ten cents for each one hundred words. ARTICLE III. COUNTY COURT. SECTION I. JURISDICTION. §45. (283.) Special jurisdiction of County Court. The jurisdiction of the County Judge shall extend to all civil cases where the amount claimed Acts 1876, p. 2) is over one hundred dollars principal, and not exceeding two hundred dollars principal, upon the following terms: Whenever said County Judge shall exercise jurisdiction on claims exceeding one hundred dollars principal, he must previously fix, by public advertisement, not less than one month, at the Court-house door, of his county, when and where he will hold the terms of his Court, to adjudicate such claims, which terms must not be less than three months apart, and judgments shall only be rendered at the second term after service. The time for issuing summonses and service of the same before the first term shall be twenty days. |