least prior to his election. The Governor shall, within twenty days after the election of said judges, commission them respectively for the terms for which they shall have been elected. In case of the death, resignation, or removal from office of any of said judges, the Governor shall appoint and commission some fit and proper person to fill such vacancy, until the meeting of the General Assembly next after such vacancy, when the General Assembly shall fill the same. And if any such vacancy occur during a session of the General Assembly, the same shall be filled at such session. Every judge of said court who shall be elected after the present session of the General Assembly, (except where he is elected to fill a vacancy,) shall hold his office for and during the term of six years, and shall be commissioned accordingly by the Governor.

SECTION SECOND. And be it further enacted, That the said Supreme Court shall be holden at the times and places following, to wit: on the second Monday in January and third Monday in June, in each year, for the First District, to be composed of the Eastern and Southern Judicial Circuits, alternately at Savannah and Hawkinsville. On the fourth Mondays in January and July in each year for the Second District, to be composed of the South Western and Chattahoochee Circuits, alternately at Talbotton and Americus. On the second Monday in February and August in each year for the Third District, to be composed of the Coweta and Flint Judicial Circuits, alternately at Macon and Decatur. On the fourth Mondays in March and September in each year, for the Fourth District, to be composed of the Western and Cherokee Circuits, alternately at Cassville and Gainesville. On the first Mondays in May and November in each year, for the Fifth District, to be composed of the Middle, Northern and Ocmulgee Judicial Circuits, at the City of Milledgeville.

SECTION THIRD. And be it further enacted, That it shall be the duty of all the judges of said court to attend at each term of said court; but if, from Providential cause, any one of said judges cannot attend a court, such court may be holden by two judges. If only one judge shall attend a court, it shall be his duty to open the court and to adjourn it to a day not more than two days beyond the regular term, at which time, if two judges do not attend, the court shall in that case be adjourned to the next regular term.

SECTION FOURTH. And be it further enacted, That the Supreme Court shall hear and determine, at the first term of each court, all such cases in law and equity as may be brought from any of the Superior Courts of this State, within the district as created by this act, for which said Supreme Court is holden. All causes of a criminal or civil nature may, for alleged error in any decision, sentence, judgment or decree of any such Superior Court, be carried up from the counties in the respective districts aforesaid, to the judges of the Supreme Court, at the respective terms thereof for such district, to be by the said Supreme Court revised and determined. Any criminal® cause may be carried up to the Supreme Court on a bill of exceptions, in writing, specifying the error or errors of law complained of, to be drawn up by the party, his counsel or attorney, within four days after trial of the cause in which the decision or sentence has been had,

submitted to the judge of the Superior Court before whom such

criminal cause may have been tried, to be by him certified and signed. Any cause of a civil nature, either on the law or equity side of the Superior Court, may, in like manner, be carried to the Supreme Court on a bill of exceptions, specifying the error or errors complained of in any decision or judgment, to be drawn up by the party complaining thereof, his counsel, solicitor or attorney, within the time aforesaid, and submitted to the judge before whom the cause may have been heard, to be by him certified and signed; but in no case shall the facts be controverted in the Supreme Court so as to require attendance of any witness or witnesses under any pretence whatever said Supreme Court shall hear and determine upon matters contained in the transcript of the record of the cause, and not otherwise. Upon exhibition of any such bill of exceptions to the judge of the Superior Court, it shall be his duty, if such bill of exceptions be true and consistent with what has transpired in the cause before him, to certify and sign the same. Such bill of exceptions shall operate as a supersedeas to the judgment, sentence, execution, or decree of the court below, in all cases where bond may be given or affidavit filed as hereinafter provided. If in civil cases, either in law or equity, the party complaining of error shall, within four days after the term, at which the exceptions were taken, pay all costs which may have accrued, and, either personally or by his agent, solicitor or attorney in fact or at law, give bond with security, to be approved of by the clerk of the Superior Court, and conditioned to pay the eventual condemnation-money and all subsequent costs; and if in a criminal case where the offence is by law bailable, the party complaining of error shall enter into recognizance, with security, to be in like manner approved, conditioned for the appearance in person of such party complaining, to abide the final order, judgment, or sentence of said court; and if the offence be not bailable, or if the party be sentenced to imprisonment in the Penitentiary, and be unable to give security as required, the judge of the Superior Court may order a supersedeas at the time of certifying and signing the bill of exceptions. When such bill of exceptions shall have been signed and certified by the judge of the Superior Court, and such bond with security shall have been given, or recognizance with security entered into and costs paid, notice of the signing of such bill of exceptions shall be given, if in a criminal cause, to the attorney or solicitor-general, and in civil causes in law or equity, to the adverse party or his counsel, within ten days after the same shall have been done, and shall be filed in the clerk's office where such bond or recognizance has been given, immediately thereafter, and on a copy of such notice being served by a sheriff, constable, or attorney of the Superior Court, and filed in the clerk's office with the bill of exceptions, it shall be the duty of the clerk of the Superior Court below to certify and send up to the Supreme Court a complete transcript of the entire record of the cause below, duly certified under his hand and seal of office, and also the bill of exceptions within ten days after he shall have received the original notice with the return of service thereon.

SECTION FIFTH. And be it further enacted, That the Supreme Court shall proceed at the first term (unless prevented by providential cause) to hear and determine each and every cause which may in manner aforesaid be sent up from the court below upon the record and bill of

exceptions, on the ground therein specified, and on no other grounds. Upon the decision of the said Supreme Court on matters of law or principles of equity which may arise in the bill of exceptions, (which decisions shall always be in writing, and be delivered by the judges of the said court, seriatim, except in cases where they are unanimous,) the court shall cause to be certified to the court below such decision, and award such order and direction in the premises as may be consistent with the law and justice of the case; which decision, so rendered and ordered, and direction so awarded, shall be respected and carried into full effect by the court below. If the decision and judgment of the court below be for any sum certain, and be affirmed in the Supreme Court, the plaintiff may in the Superior Court enter judgment against the defendant and his securities for the amount of principal, interest and costs, as shall have been confessed, or found by a jury, and ten per cent, damages on the principal sum, and have execution immediately aftor the decision of the Supreme Court so certified as aforesaid: Provided, That if any one or more of the judges of the Supreme Court shall certify that in his or their opinion, such cause was not taken up for delay only, then and in such case, the damages shall not be allowed. Judgments in the court below, if affirmed, shall not lose any lion or priority by reason of the proceedings in the court above."

SLCTION SIXTH. And be it further enacted, That if any judge of the Superior Court shall refuse to certify a bill of exceptions when properly tendered, or if any clerk shall fail or refuse to send up a transcript of the whole record in any cause, according to the provisions of this act, or he, or any sheriff shall refuse or neglect to perform any duties imposed upon him, by this act, said Supreme Court while in session in any district in this State, may issue a writ of mandamus to such officer, and enforce obedience thereto, if necessary, by attachment; and in case that such refusal by any such officer have delayed the party applying for, or tendering a bill of exceptions as aforesaid, beyond the time limited in the foregoing part of this act, he shall not thereby lose his remedy, but may proceed as if the time limited had not expired.

SECTION SEVENTH. And be it further enacted, That the sheriff of the county wherein the Supreme Court is holden, or his deputy, shall attend the sessions thereof, and obey all lawful orders, enforce all lawful commands, and execute all lawful processes of said court. And for the serVice of any process or order of said court, he shall receive the fees allowed for like service in the Superior Courts, to be taxed and paid in like

manner.

Skeriov Picura. And be it further enacted, That each of the said judges of the Supreme Court shall receive a salary of $2,500 per annum, to be paid as the salaries of the judges of the Superior Courts are now paid The amount of said salary shall not be increased or diminished during the continuance of such judge of the Supreme Court in office; and no judge sha'l receive any other perquisite, reward, or compensation than the amount of his salary. Each and every judge of the Supreme Court for the Covrivor of the State, and prior to his receiving his ~, take the oath to support the Corstitution, and other oaths qared of the judicial officers of this State.

Nra. And be it firther enacted, That the said Supreme oint some fit and proper person as clerk thereof, who shall

hold his appointment for six years, unless removed by said Court upon complaint made, and cause shown for incapacity, improper conduct, or neglect of duty. Said clerk shall keep an office at the seat of Government, in one of the departments of the capitol, where all books, records and archives, and the seal of the said court, shall remain. He shall attend all the sessions of said court, and obey all lawful orders thereof. He shall keep in substantial bound books fair and regular minutes of the proceedings of said court, a record of all its judicial acts, a docket of its causes, and such other books as said court may, from time to time, order and direct. He shall certify, when required, upon payment of his fees, all proceedings of the said court in the manner now in use in the Superior Courts of this State. And the record and minutes of said Supreme Court, and copies thereof, shall be evidence in the same manner and under the same circumstances as those of the Superior Courts now are: said Supreme Court being to all intents and purposes a Court of Record. The said clerk shall be authorized to appoint a deputy or deputies, in his discretion, he being responsible for the faithful performance of their duties.

SECTION TENTH. And be it further enacted, That if during the pendency of any cause in the Supreme Court, the security taken on the removal of said cause to the Supreme Court shall become insufficient or inadequate, by reason of removal from the State, insolvency, or otherwise, it shall be the duty of the Court so certifying said cause, on application on oath, setting forth the facts, showing the inadequacy of said security, from insolvency or otherwise, to require additional and other security, unless the appellant shall make an affidavit, under the seventeenth section of this act; and if the appellant shall fail or refuse to give such additional security, or make and file such affidavit, the Court below shall certify this fact to the Supreme Court, whereupon said suit shall be dismissed at the appellant's costs, and the judgment in the Court below shall be affirmed with costs.

SECTION ELEVENTH. And be it further enacted, That the said Clerk shall be entitled to the same fees as Clerks of the Superior Courts in this State, to be taxed as part of the costs, and for which the attorney of record shall always be bound.

SECTION TWELFTH. And be it further enacted, That some fit and proper person shall be elected by the judges of said court as reporter, who shall hold his office during the term of six years, unless sooner removed by the court, and shall receive for his services a salary from the State of one thousand dollars per annum. Said reporter shall attend all the sessions of said court, and report, in a proper and professional manner, all the decisions there made, with the reasons therefor, and he shall not, during his service as reporter, appear as counsel, or act as attorney in any case in any court in this State. The reporter shall, from time to time, publish in good and substantial form, the reports so made as aforesaid; and if at any time he shall neglect to publish, within four months after sessions for each year have closed, the decisions of that year, he shall forfeit one-fourth of his salary for that year, and another fourth for every additional month's delay: Provided, that if the judges of said court, or a majority of them, shall certify that such delay was not from any fault or neglect of the reporter himself, or those under his control, such forfeiture shall not be incurr

The reporter shall also be allowed the copyright. And provided further, that he furnish, free of expense, and well bound, one copy of said reports to each judge of said court for the time being, one copy to the clerk of said court, to be kept in his office as public property, twentyfive copies to the State, to be delivered to his Excellency the Governor as soon as may be, said twenty-five copies to be disposed of as the General Assembly may direct, and a copy to each clerk of the Superior Court for each county in this State, to be kept in his office free for the perusal of any person.

SECTION THIRTEENTH. And be it further enacted, That the Clerk and Reporter of said court, before entering on the duties of their respective offices, shall be sworn to the faithful discharge of their duties, and take all other oaths prescribed by law for civil officers.

SECTION FOURTEENTH. And be it further enacted, That the Judges of said Supreme Court shall have power to establish rules of practice, and to regulate the admission of Attorneys in said Supreme Court, and to award all such process as may be necessary to enforce obedience to their orders and judgments, and as are usual in other appellate tribunals; and also to establish and procure a seal for said court.

SECTION FIFTEENTH. And be it further enacted, That in case plaintiff in error shall fail to cause the transcript of the record to be filed with the Clerk of the Supreme Court, at the place of holding said court, by the third day of the term next succeeding the time of granting the supersedeas, and the adverse party shall file with the Clerk of the Supreme Court a certificate of the granting of such supersedeas, signed by the Clerk of the Superior Court wherein the cause is depending, then it shall be the duty of such Supreme Court to affirm the judgment below on such certificate.

SECTION SIXTEENTH. And be it further enacted, That it shall be the duty of the Attorney or Solicitor-General of the Judicial Circuit wherein any criminal cause is tried, and which may be taken up in manner aforesaid, to appear and attend to said cause in the Supreme Court.

SECTION SEVENTEENTH. And be it further enacted, That whenever a party shall not be able to give security, he shall file an affidavit, stating that he is unable, from his poverty, to give the security for the eventual costs and condemnation money, and that his counsel has advised him that he has good cause for a writ of error, and upon filing the same in the Clerk's office, he shall be entitled to all the privileges which he would have had if he had given the security and paid the costs as required by this act. And when any party in any civil cause residing out of the county in which it may be tried shall not be desirous of obtaining a supersedeas, he shall be entitled to have his cause carried up to the Supreme Court under the provisions of this act, without giving bond or making affidavit as herein before provided; the adverse party being at liberty to proceed with execution.

CHARLES J. JENKINS,

Speaker of the House of Representatives.

sember 10th, 1845.

IN FORD, Governor.

ABSALOM H. CHAPPELL,

President of the Senate.