Political and civil code amendments. § 6208 (5619). RULE 22. Criminal cases.-Criminal cases filed during vacation, or after the docket of a term has been closed, will, without notice to counsel, be in order for a hearing on the third Monday of the next ensuing term. It shall be the duty of the clerk to mail to counsel for the plaintiff in error, in each criminal case not provided for as above, and to the solicitor-general or city court solicitor concerned (and, in capital cases, also to the attorney-general), a written or printed notice stating when said case will be heard. If eight or more days, including Sundays, will elapse between the mailing of the notice and the third Monday of the month in which it is mailed, that Monday shall be named as the day for the hearing. If less than eight days will so elapse, the third Monday in the next month shall be named; provided, that if any day to be designated in compliance with the foregoing directions would arrive after the adjournment of a term, the clerk shall name in its stead the third Monday of the next term. Argument will not, at the instance of counsel, be postponed in any criminal case except for providential cause; but the court may, on its own motion, order such postponement during a term as the exigencies of its business may require. Unless otherwise specially ordered, the criminal docket for each October term will stand closed on the last Saturday but one before the third Monday in the month of February following the beginning of such term. The criminal docket of each March term will be closed by special order. (As amended, February, 1900.) 6209 (5626a). RULE 32. Changes, how and when made.-At the beginning of every October term, the personnel of the two divisions of this court shall, under the direction of the Chief Justice, be changed by transferring one or more of the Associate Justices, from each divsion to the other. The Chief Justice may, at any other time, order a change in the personnel of the two divisions, either temporary or to continue till the beginning of the next ensuing October term, as may be deemed expedient. Whenever at any time an Associate Justice is succeeded in office by another person, the latter shall be assigned to the division in which the former was then serving. (As amended, February, 1900.) § 6210 (5628). RULE 35. Remittitur-rehearing.-The remittitur from this court shall contain the judgment of the court. It shall be duly certified by the clerk, and, unless otherwise ordered, shall be transmitted to the clerk of the trial court as soon as practicable after the expiration of ten days from this court's approval of the minutes containing the judgment. No motion for a rehearing will be considered by this court unless the same is filed in the office of the clerk thereof during the term at which the judgment sought to be reviewed was rendered, and before the remittitur in the case to which said motion relates has been forwarded to the clerk of the trial court. The certificate to every remittitur shall state the amount of costs taxed in the case and by whom paid. (As amended, February and March, 1900.) Constitution amendments. TITLE VII. CONSTITUTION AMENDMENTS. 19. § 6210a (5882). Pension for Confederate soldiers. To supply the soldiers who lost a limb or limbs in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service [or a. 1899, p. who may, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves], and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves; provided, that the Act shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband. If this amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their journals with the yeas and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each congressional district for two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their tickets, "For Ratification of section 1, article 7, paragraph 1 of the Constitution of this State," or "Against Ratification of section 1, article 7, paragraph 1 of the Constitution of this State," as they may choose; and if a majority of the electors qualified to vote for members of the next General Assembly, voting, shall vote in favor of ratification, then said amendment shall become a part of said article 7, section 1, paragraph 1 of the Constition of this State, and the Governor shall make proclamation thereof. 42. § 6211 (5588) (217). Decision of Supreme Court, how reversed. -A decision rendered by the Supreme Court prior to the first day of a. 1896, p. January, 1897, and concurred in by three judges or justices], cannot be reversed or materially changed, except by the concurrence of at least five justices, and then after argument had, in which the decision, by permission of the Court, is expressly questioned and reviewed; and after such argument, the Court in its decision shall state distinctly whether it affirms, reverses, or changes such decision. [Unanimous decisions hereafter rendered by a full bench of six A. 1896, p. justices shall not be overruled or materially modified, except in the manner pointed out in this section, and then only with the concurrence of six justices.] 42. § 6212 (5840). SEC. 1. Election of judges and solicitors by the a. 1897, p. people; term of office. The successors to the present and subse- 16. Constitution amendments. quent incumbents shall be elected by the electors entitled to vote for members of the General Assembly of the whole State, at the general election held for such members, next preceding the expiration of their respective terms; provided, that the successors for all incumbents whose terms expire on or before the first day of January, 1899, shall be elected by the General Assembly at its session for 1898, for the full term of four years. SEC. 2. Terms and vacancies.--The terms of the judges to be elected under the Constitution (except to fill vacancies) shall begin on the first day of January after their election. Every vacancy occasioned by death, resignation or other causes shall be filled by appointinents of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. SEC. 3. Solicitors-General, election, term and vacancies.-There shall be a Solicitor-General for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the whole State qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation or other cause, shall be filled by appointment of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected; provided, that the successors for all incumbents whose terms expire on or before the first day of January, 1899, shall be elected by the General Assembly at its session for 1898, for the full term of four years. SEC. 4. Publication of amendments proposed in Sections 1, 2 and 3 above. Whenever the above proposed amendments to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, the Governor shall, and he is hereby authorized and instructed to cause said amendments to be published in at least two newspapers in each Congressional district in this State for the period of two months next preceding the time for holding the next general election. SEC. 5. Submission to the people.-The above proposed amendments shall be submitted for ratification or rejection of the electors of this State at the next general election to be held after publication, as provided for in the fourth section of this Act, in the several districts of this State, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendments, or either of them, to the Constitution of this State, shall have written or printed on their ballots the words: "For ratification of the amendment of paragraph 2 of section 3, article 6 of the Con Courts, generally. stitution" (for election of Judges of Superior Courts by the people), "For ratification of amendment of paragraph 3 of section 3 of article 6 of the Constitution" (for election of Judges of the Superior Courts by the people), "For ratification of amendment of paragraph 1 of section 11 of article 6 of the Constitution" (for election of Solicitors-General by the people). And all persons opposed to adoption of said amendments, or either of them, shall have written or printed on their ballots the words: "Against the ratification of amendment of paragraph 2 of section 3 of article 6 of the Constitution" (against election of Judges of Superior Courts by the people), "Against ratification of the amendment of paragraph 3 of section 3 of article 6 of the Constitution" (against election of Judges of Superior Courts by the people), "Against ratification of amendment of paragraph 1 of section 11 of article 6 of the Constitution" (against the election of Solicitors-General by the people). SEC. 6. Proclamation of Governor on ratification of amendment.The Governor is hereby authorized and directed to provide for the submission of the foregoing proposed amendments to the Constitution of this State to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act; and if either be ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in case of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation, for one insertion, in one of the daily papers of this State, announcing such result and declaring the amendment or amendments ratified. [NOTE.-Sections 1, 2 and 3 above were agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, the same were published by the Governor as the Act provides, and were duly ratified by the people at the next general election held after the publication; and said Sections are now parts of the Constitution. of the State.] Chap. I. Generally. TITLE VIII. COURTS. Chap. II. Superior and City Courts and Courts of Ordinary. Chap. IV. Supreme Court. CHAPTER I. GENERALLY. 79. $6213. Affidavits made out of state, how altested.-Any affidavit A. 1899, p. made out of the State of Georgia before any notary public, justice of the peace, judge of a court of law, or chancellor, commissioner or master of any court of equity of the State or county where the oath 5-Ga Code A. 1899, p. 69. A. 1899, p. 78. A. 1899, p. 90. A. 1899, p. 90. A. 1899, p. 90. Superior and city courts and courts of ordinary. is made, or before any other officer of said State or county, who is authorized by the laws thereof to administer oaths, shall have the same force and effect, and be recognized in like manner as if it had been made before an officer of this State authorized to administer the same, provided, that this Act shall not apply to such affidavits as are by law required to be made within the State of Georgia, nor have the effect to impair or render invalid any of the existing provisions of law for making affidavits out of this State. $6214. Railway postal clerks exempt.-All railway postal clerks residing in this State shall be exempt from jury duty in any of the courts of this State. $6215. County commissioners ineligible as jury commissioners.— No person, while serving as a member of the board of roads and revenues, or as county commissioner, shall be eligible to serve as jury commissioner, and the acts of either as jury commissioner shall be illegal, null and void. § 6216. Transfer, when sufficient.-All transfers and assignments of rent notes, mortgage notes, and other such evidences of indebtedness, secured either by contract lien or out of which a lien springs by operation of law, shall be sufficiently technical and valid where such transfer or assignment plainly seeks to pass the title to any of such paper or papers in writing from one person to another. § 6217. Transferred, how.-Upon all such transfers or assignments of any such rent note, mortgage note, or other such evidence of indebtedness, as mentioned in section 1 of this Act, such transfer or assignment shall carry together with the title thereof to such transferee or assignee also the lien or liens connected with the same, without naming or specifically transferring said lien or liens, so that the effect of such transfer or assignment will be to completely and fully carry such lien as a necessary incident thereof. 6218. Transferee may foreclose.-Upon the simple transfer or assignment of any such rent note, mortgage note, or other such evidence of debt, as mentioned in sections 1 and 2 of this Act, the person or persons to whom the same may be transferred or assigned may, without more, have full power and authority to foreclose or enforce the same in his own name. A. 1896, p. 50. PART I. TITLE VIII. CHAPTER II. SUPERIOR AND CITY COURTS AND COURTS OF ORDINARY. $ 6219. May hold at place other than court-house, when.-If, for any cause now existing, or hereafter to come to pass, it shall or may |