shall be docketed promptly on the succeeding Monday. docket entries shall show the exact time they are made. Failure to comply with this provision as to docketing attachments shall be good ground for dismissing the levies made thereunder", so that said section when so amended shall read as follows:

"4580. Nothing in the preceding section shall be construed to affect the validity or force of any attachment as between the parties thereto. Provided, however, that all attachments issued under the provisions of this Code, with the amounts claimed thereunder, shall be entered on the docket of the court issuing same before the writ of attachment or summons of garnishment is placed in the hands of the levying officer, except where the same are issued on Sunday, in which case they shall be docketed promptly on the succeeding Monday. Such docket entries shall show the exact time they are made. Failure to comply with this provision as to docketing attachments shall be good ground for dismissing the levies made thereunder."

SECTION 2. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.

EXHIBIT "I."

AN ACT entitled an Act to require all summonses of garnishment to show the amount claimed under the judgment or suit in which said garnishment is issued, and for other purposes.

SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, all summonses of garnishment issued out of any court in this State, whether based on judgment, attachment or other suit, shall show in their face the amount of the judgment upon which they are based or the amount claimed under the attachment or other suit in aid of which they are issued, and any garnishee will be protected from any judgment against him in excess of the amount so stated in such summons of garnishment, notwithstanding such garnishee

may have been indebted or have had in his hands property, money or effects of the defendant in excess of such amount.

SECTION 2. Be it further enacted by the authority aforesaid that if the garnishee is in default in answering any summons of garnishment, it shall be lawful for the Court, when proper judgment has been entered against the defendant, to enter judgment against the garnishee for the amount stated in the summons of garnishment so served upon him and in addition thereto such costs as may have been incurred in issuing such summons of garnishment.

SECTION 3. All officers serving summons of garnishment shall state in their return of service the amount of the claim or judgment specified in said summons of garnishment and for any errors in stating said amount such officer shall be responsible to any party who may be injured thereby.

SECTION 4. Be it enacted by authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.

EXHIBIT "J.”

AN ACT to regulate the practice in criminal cases in the several courts of this State.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

I. That from and after the passage of this Act, if the defendant in any criminal case desires to contest the venue of the offense alleged against him, he shall do so by written special plea filed before the case is finally submitted to the jury, and stating before what court or courts the venue properly should be; and not otherwise. If no such plea is filed, all questions as to the venue of the case shall be held waived. If such plea be filed before a trial on the merits is begun, it shall be first separately tried and disposed of. If filed after such trial is entered upon, a separate verdict or judgment upon said plea shall be made, and if in favor of the plea, there shall be no finding upon the plea to the merits of the case. Upon the sustaining of any plea to the venue, the defendant shall be bound over under a proper

recognizance, or committed, to appear before the court found to have jurisdiction of the offense. A verdict or judgment against such plea may be reviewed as other verdicts or judgments against the accused.

2. In all criminal cases the State shall have the right through its prosecuting officer to amend instanter any indictment, presentment, or accusation, in any matter of form, or to correct mistakes as to the true persons who, as Grand Jurors, found such indictment or presentment, or more particularly to set out the transaction alleged, or more particularly to describe the person or property referred to therein, or to remedy a variance from the proof; provided, the nature of the offense charged, or the substantial identity of the transaction be not thereby changed.

3. Upon the allowance of any such amendment, if before the trial is begun, upon a showing by the defendant that he is surprised by the amendment, and the less prepared to proceed with the trial, a reasonable postponement of the trial, or in the discretion of the court a continuance of the case, shall be allowed.

If such amendment is allowed during the trial, the defendant may move the court for a mistrial, and upon a like showing the same may be granted, and a like reasonable postponement or continuance may be had.

4. No person arraigned for a misdemeanor before any court having jurisdiction to try the same, shall be entitled to demand an indictment by the Grand Jury, except as to offenses in which indictment is specially made a pre-requisite to trial.

All laws and parts of laws in conflict with the foregoing be, and the same are hereby, repealed.

NOTE. From the stenographic report it will be seen that the Association acted on the several exhibits attached to the foregoing report, as follows:

Exhibit A, adopted in substance and referred to the Committee on Legislation, the caption of the bill to be enlarged so as to cover the several subject matters set forth therein.

Exhibit B, section 1 withdrawn by the committee.

Section 2 adopted with the following changes: The words "An attorney in fact resident in the county of probate, whom

he shall designate at the time said will is probated," being substituted for the following, "his attorney of record, if any, or by publication, as now provided by law, in cases affecting property of non-residents situated within the jurisdiction of the courts of this State."

Sections 3, 4, 5, and 6 adopted and the substance of the bill as amended referred to the Committee on Legislation.

Exhibit C, stricken.

Exhibits D, E, and F, adopted in substance and referred to Committee on Legislation.

Exhibit G, adopted in substance, substituting "twenty days" for "ten days," and bill referred to Committee on Legislation. Exhibits H and I, adopted in substance and referred to Committee on Legislation.

Exhibit J, tabled.

The oral suggestion of the Committee that the laws be so amended as to authorize the granting of charters by the judges. of the Superior Court at chambers, adopted, and referred to Committee on Legislation.

Also, that the laws be amended so as to provide that in cases appealed from the Courts of Ordinary to the Superior Courts transcripts of the record be sent instead of the original papers.

SECRETARY.

APPENDIX H.

THE USE OF INJUNCTIONS BY FEDERAL COURTS

AS TO STATE LAWS.

PAPER BY

T. M. CUNNINGHAM, JR.

OF SAVANNAH.

There are two or three fundamental misconceptions on this subject which should be removed in the beginning. Injunctions are not directly issued against State Acts. The injunction of a court does not directly suspend the operation of an Act. It has that effect only incidentally. Injunctions are directed against persons only. They operate directly upon persons and restrain their actions. The courts, in passing upon the question as to whether the threatened action of persons should be enjoined, necessarily pass upon the lawfulness of their acts, and, in this way indirectly decide the constitutionality of the particular statute involved. This distinction is vital and lies at the foundation of the whole subject. Only in this way can the theory of coördination of the legislative and judicial departments of the State be preserved. The courts never forbid the State Legislature from passing statutes, nor do the courts forbid the State Legislature from putting into effect the Acts which they have passed.

The next misconception arises out of the use of the words "State laws." The courts never enjoin any action which is either commanded or authorized by law. There is no such thing as an unconstitutional law. This is a contradiction in If it is a law it cannot be unconstitutional. An Act of the Legislature can be unconstitutional and frequently is un

terms.