Art. XI, Sec. I, Para. II. Preservation of existing laws; judicial review.

Force and effect of laws of other states, § 1-3-9. Scope of jurisdiction of Georgia laws, § 50-2-21.

For note discussing adoption of law on malicious use of civil process from English Common Law, see 13 Mercer L. Rev. 396 (1962). For comment, ‘‘The English Common Law: Its History and Application in Georgia,’’ see 15 J. of Pub. L. 378 (1966).

1976 Constitution.

Art. XI, Sec. I, Para. III.

Effect of paragraph.

This paragraph renders of force the principles and doctrines of the common law unless expressly repealed by statute. Head v. State, 68 Ga. App. 759, 24 S.E.2d 145 (1943) (see Ga. Const. 1983, Art. XI, Sec. I, Para. II). land, of force in this state on May 14, 1776, remains of force, so far as it is not incompatible with the federal or state Constitution or has not been modified by statute. Grimmett v. Barnwell, 184 Ga. 461, 192 S.E. 191 (1937); Trustees of Jesse Parker Williams Hosp. v. Nisbet, 189 Ga. 807, 7 S.E.2d 737 (1940); Brooks v. Ready Mix Concrete Co., 94 Ga. App. 791, 96 S.E.2d 213 (1956); Dooley v. Berkner, 113 Ga. App. 162, 147 S.E.2d 685 (1966), overruled on other grounds, Holmes v. Worthey, 159 Ga. App. 262, 282 S.E.2d 919 (1981).

Common and statute law of Eng-Common law recognition of specialty bond still in force.

The rule of the common law, recognizing as a specialty a bond or like instrument accompanied by a seal and formal delivery, and therefore dispensing with the necessity for any consideration, not having been varied by statute or by construction in any contrary decision, remains in force. Trustees of Jesse Parker Williams Hosp. v. Nisbet, 189 Ga. 807, 7 S.E.2d 737 (1940). Constitutional provisions evidence no intent for repeal of statutory requirements on qualifications of board

members.

Construing Ga. Const. 1976, Art. VIII, Sec. V, Para. II (see Ga. Const. 1983,Art. VIII, Sec. V, Para. II) and this paragraph, together, it must be held that there is no evident intent that the statutory requirements as to qualifications of members of county boards of education be repealed by the Constitution. McCollum v. Bass, 201 Ga. 537, 40 S.E.2d 650 (1946) (see Ga. Const. 1983, Art. XI, Sec. I, Para. II). Use of affidavits in habeas corpus

proceedings not sanctioned.

The court is not required by common law, by decisions of other jurisdictions, by textbooks, or by Georgia statute to sanction use of affidavits in habeas corpus proceedings. Camp v. Camp, 213 Ga. 65, 97 S.E.2d 125 (1957).

Affidavits use excluded upon adoption of common law.

In view of the caution taken in the Constitution to preserve liberty by setting standards for trials openly and fairly, if necessary the court would hold that this paragraph, adopting the common law, excluded the portion permitting such ex parte affidavits by adopting only such of the common law as was practicable and suitable to a growing republic. Camp v. Camp, 213 Ga. 65, 97 S.E.2d 125 (1957) (see Ga. Const. 1983, Art. XI, Sec. I, Para. II).

Section 20-2-52 superseded by Ga.

Const. 1976, Art. VIII, Sec. V, Para. II (see Ga. Const. 1983, Art. VIII, Sec. V,

Para. II), before amendment of 1965.

— The provision of former Code 1933, § 32-903 (see now O.C.G.A. § 20-2-52), that no two members of a county board of education could be selected from the same militia district, was entirely consistent with the provisions found in the Constitution, and it could not be held that the people in the adoption of the Constitution intended to repeal statutory requirements as to the qualifications of the members of such boards. McCollum v. Bass, 201 Ga. 537, 40 S.E.2d 650 (1946). Cited in York v. State, 172 Ga. 483, 158 S.E. 53 (1931); Board of Pub. Educ. & Orphanage v. State Bd. of Educ., 190 Ga. 581, 10 S.E.2d 365 (1940); Collins v. Sam R. Greenberg & Co., 73 Ga. App. 377, 36 S.E.2d 484 (1945); Wheeler v. Board of Trustees, 200 Ga. 323, 37 S.E.2d 322 (1946); Tripp v. Martin, 210 Ga. 284, 79 S.E.2d 521 (1954); Sizemore v. Coker, 220 Ga. 773, 141 S.E.2d 891 (1965); Douglas County v. Abercrombie, 226 Ga. 39, 172 S.E.2d 419 (1970); Thigpen v. State, 229 Ga. 820, 194 S.E.2d 423 (1972); Azizi v. Board of Regents, 132 Ga. App. 384, 208 S.E.2d 153 (1974).

ALR.

What law governs validity, effect, and construction of separation or property settlement agreements, 18 ALR2d 760. Successive judgments by confession on cognovit note or similar instrument, 80 ALR2d 1380. Conflict of laws as to right of action between husband and wife or parent and child, 96 ALR2d 973. Validity and construction of statute or ordinance prohibiting commercial exhibition of malformed or disfigured persons, 62 ALR3d 1237.