GEORGI

GEORGIA. The name of one of the original states of the United States of 
America. George the Second granted a charter to Lord Percival, and twenty 
others, for the government of the province of Georgia. It was governed under 
this charter till the year 1751, when it was surrendered to the crown. From 
that period to the time of the American revolution, the colony was governed 
as other royal provinces. 
     2. The constitution of the state, as revised, amended, and compiled by 
the convention of the state, was adopted at Louisville, on the 30th day of 
May, 1798. It directs, art. 1, s. 1, that the legislative, executive, and 
judiciary departments of government shall be distinct, and each department 
shall be confided to a separate body of magistracy. 
     3.-1. The legislative power is vested in two separate and distinct 
branches, to wit, a senate and house of representatives, styled the General 
Assembly." 1st. The senate is elected annually, and is composed of one 
member from each county, chosen by the electors thereof. The senate elect, 
by ballot, a president out of their own body. 2d. The house of 
representatives is composed of members from all the counties, according to 
their respective numbers of free white persons, and including three-fifths 
of all the people of color. The enumeration is made once in seven years, and 
any county containing three thousand persons, according to the foregoing 
plan of enumeration, is entitled to two members; seven thousand to three 
members; and twelve thousand to four members; but each county shall have at 
least one, and not more than four members. The representatives are chosen 
annually. The house of representatives choose their speaker and other 
officers. 
     4. - 2. The executive power is vested in a governor, elected by the 
general assembly, who holds his office for the term of two years. In case of 
vacancy in his office, the president of the senate acts as governor, until 
the disability is removed, or until the next meeting of the general 
assembly. 
     5. - 3. The judicial powers of the state are, by the 3d article of the 
constitution, distributed as follows: 
     Sec. 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 appellative 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 error, shall enter their opinions on the minutes of 
the court. The inferior courts shall have cognizance of all civil cases, 
which shall be tried in the county wherein the defendant 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 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. 
     6. - 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 other perquisites or 
emoluments whatever, from parties or others, on account of any duty required 
of them. 
     7. - 3. There shall be a state's attorney and solicitors 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 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. 
     8. - 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 a 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. 
     9. - 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 litigated 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 malpractice 
in office, or for any felonious or infamous crime, or by the governor, on 
the address of two-thirds of each branch of the legislature. 
     10. - 6. The powers of a court of ordinary or register of probates, 
shall, be invested 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 the 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 person may grant marriage licenses. 
     11. - 7. The judges of the superior courts, or any one of them, shall 
have power to issue writs of mandamus. @prohibi tion, scire facias, and all 
other writ's which may be necessary for carrying their powers fully into 
effect.