of amendment shall be allowed after the jury have been charged with the case and have retired to their rooms.

Your committee submit herewith a bill to carry out the above views :

An Act to amend section 3479 of the Code of Georgia of 1882; to regulate the time of filing amended pleadings in the courts of this State; and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, That after the appearance and answer of the defendant at the term to which the suit against him is made returnable, as prescribed by section 3452 of the Code of Georgia, the said defendant may file further pleas by way of amendment at any time in vacation and prior to the next or trial term of the court, upon giving to the plaintiff or his attorney, at the time of filing such new or amended pleadings, written notice of the filing of the same, with a copy of such pleading.

SEC. 2. That the defendant shall not be allowed to file, at the second or trial term of the court, or at any subsequent term, or at the time of trial, any new or amended pleading, without filing therewith an affidavit made by said defendant or his attorney, that said pleading is filed in good faith, and not for the purpose of delay, and that the facts set forth in said pleading were not known to said defendant or his attorney at an earlier date; provided, however, that this rule shall not apply to the correction of a mere matter of form, or to pleadings necessary to render fuller or more clear the pleading already on file on the objection to want of fulness or clearness by the plaintiff.

SEC. 3. If the court shall be satisfied that the new facts contained in such amended pleading could have been ascertained at an earlier date by the exercise of due diligence on the part of the defendant or his attorney, it shall be the duty of the court to impose upon said defendant the costs of the case up to and including the filing of the new pleading, or such portion thereof as to the court may seem proper. And should the plaintiff claim surprise, or a postponement of the hearing become necessary by reason of the introduction of such new or amended pleadings, the court shall put the defendant upon such terms as will speed the trial of the case and to the court shall appear just.

SEC. 5. In corporation or other courts, which by statute have certain fixed periods for the filing of pleas, suitors in said courts will be governed thereby, and all new and subsequent pleadings by way of amendment or otherwise will be controlled by the provisions of this Act.

I cannot present that as the report of the committee. I merely read it as a part of the history of this matter. I trust the Association will refer it to some future committee, and that we may make some start in what I consider a very needed reform.

CONSTITUTION AND BY-LAWS.

ARTICLE I.

The object of this Association shall be to advance the science. of jurisprudence, promote the administration of justice throughout the State, uphold the honor of the profession of the law, and establish cordial intercourse among the members of the bar of Georgia. This Association shall be known as The Georgia Bar Association.

ARTICLE II.

Any person shall be eligible to membership in this Association who shall be a member of the bar of this State in good standing, and who shall also be nominated as hereinafter provided.

ARTICLE III.

The officers of this Association shall consist of one Presider.t, five Vice-Presidents, a Secretary, a Treasurer, an Executive Committee, to be composed of the Secretary and Treasurer, together with four members to be chosen by the Association, one of whom shall be Chairman of the committee. Each of these officers shall be elected at each annual meeting for the next year ensuing, but the same persons shall not be elected President two years in succession. All such elections shall be by ballot. The officers elected shall hold office until their successors are elected and qualified according to the Constitution and By-Laws.

ARTICLE IV.

At the meetings of the Association, all elections to membership shall be by the Association, upon recommendation of the Executive Committee. All elections for membership shall be by ballots, and several nominees, if from the same country, may be voted for upon the same ballot, and, in such case, placing the word "No" against any name or names, upon the ticket, shall be deemed a negative vote against such name or names, and against those

only. Five negative votes shall suffice to defeat any election for membership. Except during the meetings of the Association, the Executive Committee shall have full power to admit applicants to become members of this Association.

ARTICLE V.

Each member shall pay five dollars to the Treasurer as annual dues, in advance, and no person shall be qualified to exercise any privileges of membership who is in default. Such dues shall be payable, and the payment thereof enforced, as may be provided by the By-Laws. Members shall be entitled to receive all publications of the Association free of charge.

ARTICLE VI.

By-Laws may be adopted at any annual meeting of the Association by a majority of the members present.

ARTICLE VII.

The following committees shall be annually appointed by the President, for the year ensuing, and shall consist of five members each :

1. On Jurisprudence and Law Reform.

2. On Judicial Administration and Remedial Procedure.

3. On Legal Education and Admission to the Bar.

4. On Grievances.

5. On Memorials.

6. On Federal Legislation.

7. On Interstate Law.

8. On Legal Ethics.

A majority of the members of any committee, who may be present at any meeting of such committee, shall constitute a quorum for the purposes of such meeting. Vacancies in any office provided for by this Constitution shall be filled by appointment by the President, and the appointee shall hold office until the next meeting of the Association.

ARTICLE VIII.

The Executive Committee shall perform such duties as may be assigned to it by the President, or as may be defined by the By-Laws, except as herein otherwise directed.

ARTICLE IX.

This Association shall meet annually, at such time and place as the Executive Committee may select, and those present at such meeting shall constitute a quorum. The Executive Committee shall require thirty days' notice of the time and place of meeting by publication in a public newspaper to be given, which publication shall be made by the Secretary.

ARTICLE X.

This Constitution may be altered or amended by a vote of three-fourths of the members present at any annual meeting, but no such change shall be made at any meeting at which less than thirty members are present.

ARTICLE XI.

Any member of the Association may be suspended or expelled for misconduct in his relations to this Association, or in his profession, on conviction thereof, in such manner as may be provided by the By-Laws.

ARTICLE XII.

This Constitution shall go into immediate effect. This Association shall be incorporated under the laws of the State of Georgia as soon as practicable, and until such incorporation all money and property of said Association shall be vested in the President and Treasurer, as trustees thereof, who shall pay over and deliver the same to said corporation as its property, as soon as the corporation is created by law.*

*The charter w s duly obtained. See First Report, page 15.

BY-LAWS.

I.

The President shall preside at all meetings of the Association, and in case of his absence one of the Vice-Presidents shall preside. He shall open each meeting with an annual address.

II.

The Secretary shall keep a record of all meetings of the Association, and of all other matters of which a record shall be deemed advisable by the Association, and shall conduct the correspondence of the Association with the concurrence of the President. He shall notify the officers and members of their elections, and shall keep a roll of the members, and shall issue notices of all meetings. His salary shall be $100 per annum.

III.

The Treasurer shall collect and, under the direction of the Executive Committee, disburse all funds of the Association; he shall report annually, and oftener if required; he shall keep regular accounts, which shall, at all times, be open to inspection of the members of the Association. His accounts shall be audited by the Executive Committee. Before discharging any of the duties of this office he shall execute a bond, with good and sufficient security, to be approved by the President, payable to the President and his successors in office, in the sum of five thousand dollars, for the use of the Association, and conditioned that he will well and faithfully perform the duties of his office so long as he discharges any of the duties thereof. His salary shall be $100 per

annum.

IV.

The Executive Committee shall meet upon the call of the Chairman. They shall have power to arrange the programme for the annual meetings, and to make such regulations, not inconsistent with the Constitution and By-Laws, as shall be necessary for the