Графични страници
PDF файл
ePub

chosen and qualified: he shall have a competent salary established by law, which shall not be increased or diminished during the period for which he shall have been elected; neither shall he receive, within that period, any other emolument from the United States, or either of them, or from any foreign power.

SECT. 2. The Governor shall be elected by the General Assembly, at their second annual session after the rising of this Convention, and at every second annual session thereafter, on the second day after the two Houses shall be organized and competent to proceed to business.

SECT. 3. No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attained to the age of thir ty years, and who does not possess five hundred acres of land, in his own right, within this State, and other property to the amount of four thousand dollars, and whose estate shall not, on a reasonable estimation, be competent to the discharge of his debts, over and above that sum.

SECT. 4. In case of death, resignation, or disability of the Governor, the President of the Senate shall exercise the executive powers of Government, until such disability be removed, or until the next meeting of the General Assembly.

SECT. 5. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear or affirm (as the case may be) that I will faithfully execute the office of Governor of the State of Georgia; and will, to the best of my abilities, preserve, protect, and defend the said State, and cause justice to be executed in mercy therein, according to the Constitution and laws thereof."

SECT. 6. He shall be Commander in Chief of the army and navy of this State, and of the militia thereof. SECT. 7. He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence, in all cases after conviction, except for trea

son

son or murder, in which cases he may respite the execution, and make report thereof to the next General Assembly, by whom a pardon may be granted.

SECT. 8. He shall issue writs of election to fill up all vacancies that happen in the Senate or House of Representatives: and shall have power to convene the General Assembly on extraordinary occasions; and shall give them, from time to time, information of the state of the Republic, and recommend to their consideration such measures as he may deem necessary and expedient. SECT. 9. When any affice shall become vacant by death, resignation, or otherwise, the Governor shall have the power to fill such vacancy; and persons so appointed, shall continue in office until a successor is appointed, agreeably to the mode pointed out by this Constitution, or by the Legislature.

SECT. 10. He shall have the revision of all bills passed by both Houses, before the same shall become laws, but two-thirds of both Houses may pass a law notwithstanding his dis ent: and if any bill should not be returned by the Governor within five days after it hath been presented to him, the same shall be a law, unless the General Assembly, by their adjournment, shall prevent its return.

SECT. 11. Every vote, resolution or order, to which the concurrence of both Houses may be necessary, except on a question of adjournment, shall be presented to the Governor; and before it shall take effect be approved by him, or being disapproved, may be repassed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill.

SECT. 12. There shall be a Secretary of the State, a Treasurer, and a Surveyor-General, appointed in the same manner, and at the same session of the Legislature, and they shall hold their offices for the like period as the Governor, and shall have a competent salary, including such emoluments as may be established by law, which shall not be increased or diminished during the period for which they shall have been elected.

SECT. 13. The Great Seal of the State, shall be deposited in the office of the Secretary of State, and shall

not

not be affixed to any instrument of writing, but by order of the Governor or General Assembly; and the General Assembly shall, at their first session after the rising of this Convention, cause the great seal to be altered by law.

SECT. 14. The Governor shall have power to appoint his own Secretaries.

ARTICLE III.

SECT. 1. The judicial powers of this State shall be vested in a Superior Court, and in such inferior jurisdictions as the Legislature shall, from time to time, ordain and establish. The Judges of the Superior Courts shall be elected for the term of three years, removable by the Governor on the address of two-thirds of both Houses for that purpose, or by impeachment and conviction thereon. The Superior Court shall have exclusive and final jurisdiction in all criminal cases, which shall be tried in the county wherein the crime was committed, and in all cases respecting titles to land, which shall be tried in the county where the land lies: and shall have power to correct errors in inferior judicatories by writs of certiorari, as well as errors in the Superior Courts, and to order new trials on proper and legal grounds: Provided, That such new trials shall be determined, and such errors corrected, in the Superior Court of the county in which such action originated.And the said Court shall also have appellate jurisdiction in such other cases as the Legislature may by law direct, which shall in no case tend to remove the cause from the county in which the action originated; and the Judges thereof, in all cases of application for new trials or correction of errors, shall enter their opinions on the minutes of the Court. The Inferior Courts shall have cognizance of all other civil cases, which shall be tried in the county wherein the defendent resides, except in cases of joint obligors, residing in different counties, which may be commenced in either county and a copy of the petition and process, served on the party or parties residing out of the county in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations, as the Legislature may direct;

but

but the Legislature may, by law, to which two-thirds of each branch shall concur, give concurrent jurisdiction to the Superior Courts. The Superior and Inferior Courts shall sit in each county twice in every year, at such stated times as the Legislature shall appoint.

SECT. 2. The Judges shall have salaries, adequate to their services, established by law, which shall not be increased or diminished during their continuance in office but shall not receive any perquisites or emoluments whatever, from parties or others, on account of any duty required of them.

SECT. 3. There shall be a State's Attorney and Solicitor appointed by the Legislature, and commissioned by the Governor, who shall hold their offices for the term of three years, unless removed by sentence on impeachment, or by the Governor, on the address of two-thirds of each branch of the General Assembly.They shall have salaries adequate to their services, established by law, which shall not be increased or diminished during their continuance in office.

SECT. 4. Justices of the Inferior Courts shall be appointed by the General Assembly, and be commissioned by the Governor, and shall hold their commissions during good behaviour, or as long as they respectively reside in the county for which they shall be appointed, unless removed by sentence on impeachment, or by the Governor on the address of two-thirds of each branch of the General Assembly. They may be compensated for their services, in such manner as the Legislature may by law direct.

SECT.5. The Justices of the Peace shall be nominated by the Inferior Courts of the several counties, and commissioned by the Governor, and there shall be two Justices of the Peace in each captain's district, either or both of whom, shall have power to try all cases of a civil nature, within their district, where the debt, or liquidated demand, does not exceed thirty dollars, in such manner as the Legislature may by law direct. They shall hold their appointments during good behaviour, or until they shall be removed by conviction on indictment in the Superior Court, for mal-practice in of

fice, or for any felonious or infamous crime, or by the Governor, on the address of two-thirds of each branch of the Legislature.

SECT. 6. The powers of a Court of Ordinary or Register of Probates, shall be vested in the Inferior Courts. of each county, from whose decision there may be an appeal to the Superior Court, under such restrictions and regulations as the General Assembly may by law direct; but the Inferior Court shall have power to vest the care of records and other proceedings therein, in the Clerk, or such other person as they may appoint; and any one or more Justices of the said Court, with such Clerk or other person, may issue citations and grant temporary letters, in time of vacation, to hold until the next meeting of the said Court; and such Clerk or other pesson may grant marriage licenses.

SECT. 7. The Judges of the Superior Courts, or any one of them, shall have power to issue writs of manda mus, prohibitions, scire facias and all other writs which may be necessary for carrying their powers fully into effect.

SECT. 8. Within five years after the adoption of this Constitution, the body of our laws, civil and criminal, shall be revised, digested and arranged, under the proper heads, and promulgated in such manner as the Legislature may direct; and no person shall be debarred from advocating or defending his cause, before any Court or Tribunal, either by himself or counsel, or both.

SECT. 9. Divorces shall not be granted by the Legislature, until the parties shall have had a fair trial before the Superior Court, and a verdict shall have been obtained, authorizing a divorce upon legal principles. And in such cases, two-thirds of each branch of the Legislature may pass acts of divorce accordingly.

SECT. 10. The Clerks of the Superior and Inferior Courts, shall be appointed in such manner as the Legis lature may by law direct, shall be commissioned by the Governor, and shall continue in office during good behaviour.

L

Sher

« ПредишнаНапред »