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LEGISLATIVE DEPARTMENT.

liabilities originating after the adoption of this when that relation exists; but no property Constitution.

SEC. 23. The enacting clause of every law shall be as follows: "The People of the State of Nevada, represented in Senate and Assembly, do enact as follows;" and no law shall be enacted except by bill.

SEC. 24. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.

SEC. 25. The Legislature shall establish a system of county and township government, which shall be uniform throughout the State.

SEC. 26. The Legislature shall provide by law for the election of a Board of County Commissioners in each county, and such County Commissioners shall, jointly and individually, perform such duties as may be prescribed by law.

SEC. 27. Laws shall be made to exclude from serving on juries, all persons not qualified electors of this State, and all persons who shall have been convicted of bribery, perjury, forgery, larceny, or other high crimes, unless restored to civil rights; and laws shall be passed regulating elections, and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.

SEC. 28. No money shall be drawn from the State Treasury as salary or compensation to any officer or employé of the Legislature, or either branch thereof, except in cases where such salary or compensation has been fixed by a law in force prior to the election or appointment of such officer or employé, and the salary or compensation so fixed shall neither be increased nor diminished so as to apply to any officer or employé of the Legislature, or either branch thereof, at such session; provided, that this restriction shall not apply to the first session of the Legislature.

SEC. 29. The first regular session of the Legislature, under this Constitution, may extend to ninety days, but no subsequent regular session shall exceed sixty days, nor any special session, convened by the Governor, exceed twenty days.

f SEC. 30. A homestead, as provided by law, shall be exempt from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife,

shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife; and laws shall be enacted providing for the recording of such homestead within the county in which the same shall be situated.

SEC. 31. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife in relation, as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.

SEC. 32. The Legislature shall provide for the election, by the people, of a Clerk of the Supreme Court, County Clerks, County Recorders-who shall be, ex officio, County Auditors— District Attorneys, Sheriffs, County Surveyors, Public Administrators, and other necessary officers, and fix, by law, their duties and compensation. County Clerks shall be, ex officio, Clerks of the Courts of Record, and of the Boards of County Commissioners, in and for their respective counties.

SEC. 33. The members of the Legislature shall receive for their services, a compensation to be fixed by law, and paid out of the public treasury; but no increase of such compensation shall take effect during the term for which the members of either House shall have been elected; provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers, and stationery, not exceeding the sum of sixty dollars for any general or special session, to each member; and, furthermore provided, that the Speaker of the Assembly, and LieutenantGovernor as President of the Senate, shall each. during the time of their actual attendance as such presiding officers, receive an additional allowance of two dollars per diem.

SEC. 34. In all elections for United States Senators, such elections shall be held in joint

EXECUTIVE DEPARTMENT.

convention of both Houses of the Legislature. It shall be the duty of the Legislature which convenes next preceding the expiration of the term of such Senator to elect his successor.

If

ARTICLE V.

EXECUTIVE DEPARTMENT.

SECTION 1. The supreme executive power of this State shall be vested in a Chief Magis

trate, who shall be Governor of the State of

Nevada.

SEC. 2. The Governor shall be elected by the qualified electors at the time and places of voting for members of the Legislature, and shall hold his office for four years from the time of his installation, and until his successor shall be qualified.

a vacancy in such Senatorial representation, from any cause occur, it shall be the duty of the Legislature then in session, or at the succeeding session thereof, to supply such vacancy. If the Legislature shall, at any time as herein provided, fail to unite in a joint convention within twenty days after the commencement of the session of the Legislature, for the election of such Senator, it shall be the duty of the Governor, by proclamation, to convene the two Houses of the Legislature in joint convention within not less than five days, nor exceed-tor, and who, at the time of such election, has ing ten days, from the publication of his proclamation; and the joint convention, when so assembled, shall proceed to elect the Senator as herein provided.

SEC. 35. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which House shall cause such objections to be entered upon its journal, and proceed to reconsider it. If, after such reconsideration, it again pass both Houses by yeas and nays, by a vote of two-thirds of the members elected to each House, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within five days after it shall have been presented to him, (Sunday excepted.) exclusive of the day on which he received it, the same shall be a law in like manner as if he had signed it, unless the Legislature, by its final adjournment, prevent such return; in which case it shall be a law, unless the Governor, within ten days next after the adjournment, (Sundays excepted,) shall file such bill, with his objections thereto, in the office of the Secretary of State, who shall lay the same before the Legislature at its next session, in like manner as if it had been returned

by the Governor; and if the same shall receive the vote of two thirds of the members elected to each branch of the Legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each House, it shall become a law.

SEC. 3. No person shall be eligible to the office of Governor who is not a qualified elec

not attained the age of twenty-five years, and who, except at the first election under the Constitution, shall not have been a citizen resident of this State for two years next preceding the election.

SEC. 4. The returns of every election for Governor, and other State officers voted for at the general election, shall be sealed up and transmitted to the seat of government, directed to the Secretary of State; and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and open and canvass the election returns for Governor and all other State officers, and forthwith declare the result and publish the names of the persons elected. The persons having the highest number of votes for the respective offices shall be declared elected; but in case any two or more have an equal and the highest number of votes for the same office, the Legislature shall, by joint vote of both houses, elect one of said persons to fill said office.

SEC. 5. The Governor shall be Commander

in-Chief of the military forces of this State, except when they shall be called into the service of the United States.

SEC. 6. He shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of their respective offices.

SEC. 7 He shall see that the laws are faithfully executed.

EXECUTIVE DEPARTMENT.

SEC. 8. When any office shall, from any name of the convict, the crime of which he cause, become vacant, and no mode is provided was convicted, the sentence, its date, and the by the Constitution and laws for filling such date of the remission, commutation, pardon, or vacancy, the Governor shall have the power to reprieve. fill such vacancy by granting a commission, which shall expire at the next election and qualification of the person elected to such office.

SEC. 9. The Governor may, on extraordinary occasions, convene the Legislature, by proclamation, and shall state to both houses, when organized, the purpose for which they have been convened; and the Legislature shall transact no legislative business except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session.

SEC. 10. He shall communicate, by message, to the Legislature, at every regular session, the condition of the State, and recommend such measures as he may deem expedient.

SEC. 11. In case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next Legislature.

SEC. 12. No person shall, while holding any office under the United States Government, hold the office of Governor, except as herein expressly provided.

SEC. 14. The Governor, Justices of the Supreme Court, and Attorney-General, or a major part of them, of whom the Governor shall be one, may, upon such conditions and with such limitations and restrictions as they may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons.

SEC. 15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called The Great Seal of the State of Nevada."

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SEC. 16. All grants and commissions shall be in the name and by the authority of the State of Nevada, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.

SEC. 17. A Lieutenant-Governor shall be elected at the same time and places, and in the same manner as the Governor, and his term of office, and his eligibility shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of the office, or be absent from the State, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled or the disability cease.

SEC. 13. The Governor shall have the power to suspend the collection of fines and forfeitures, and grant reprieves for a period not exceeding sixty days, dating from the time of conviction, for all offenses, except in cases of impeachment. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. And if the Legislature shall fail or refuse to make final disposition of such case, the sentence shall be enforced at such time and place as the Governor, by his order, may direct. The Governor shall communicate to the Legislature, at the beginning of every session, every SEC. 19. A Secretary of State, a Treasurer, case of fine or forfeiture remitted, or reprieve, a Controller, a Surveyor-General, and an Attorpardon, or commutation granted, stating the ney-General, shall be elected at the same time

SEC. 18. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, and at the head of any military force thereof, he shall continue Commander-in-Chief of the military forces of the State.

JUDICIAL DEPARTMENT.

and places, and in the same manner as the Governor. The term of office of each shall be the same as is prescribed for the Governor. Any elector shall be eligible to either of said offices.

SEC. 20. The Secretary of State shall keep a true record of the official acts of the Legislative and Executive Departments of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature.

SEC. 21. The Governor, Secretary of State, and Attorney-General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall also constitute a Board of Examiners, with power to examine all claims against the State, (except salaries or compensation of officers fixed by law,) and perform such other duties as may be prescribed by law. And no claim against the State (except salaries or compensation of officers fixed by law) shall be passed upon by the Legislature, without having been considered and acted upon by said "Board of Examiners."

State at the general election, and shall hold office for the term of six years from and including the first Monday of January next succeeding their election; provided, that there shall be elected, at the first election under this Constitution, three Justices of the Supreme Court, who shall hold office from and including the first Monday of December, A. D. eighteen hundred and sixty-four, and continue in office thereafter two, four, and six years, respectively. from and including the first Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine, by lot, the term of office each shall fill, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the senior Justice in commission shall be Chief Justice. And in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice.

SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases in equity; also, SEC. 22. The Secretary of State, State Treas-in all cases at law in which is involved the title urer, State Controller, Surveyor-General, Attor- or right of possession to, or the possession of, ney-General, and Superintendent of Public Instruction, shall perform such other duties as may be prescribed by law.

ARTICLE VI.

JUDICIAL DEPARTMENT. SECTION 1. The Judicial power of this State shall be vested in a Supreme Court, District Courts, and in Justices of the Peace. The Legislature may also establish Courts for municipal purposes only, in incorporated cities and towns.

SEC. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, a majority of whom shall constitute a quorum; provided, that the Legislature, by a majority of all the members elected to each branch thereof, may provide for the election of two additional Associate Justices, and if so increased, three shall constitute a quorum. The concurrence of a majority of the whole Court shall be necessary to render a decision.

SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the

real estate or mining claims, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, (exclusive of interest,) or the value of the property in controversy exceeds three hundred dollars; also, in all other civil cases not included in the general sub-division of law and equity, and also, on questions of law alone, in all criminal cases in which the offense charged amounts to felony. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus, and, also, all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition by, or on behalf of, any person held in actual custody, and may make such writs returnable before himself or the Supreme Court, or before any District Court in the State, or before any Judge of said Courts.

SEC. 5. The State is hereby divided into nine Judicial Districts, of which the County of Storey shall constitute the first; the County of

JUDICIAL DEPARTMENT.

Ormsby the second; the County of Lyon the
third; the County of Washoe the fourth; the
Counties of Nye and Churchill the fifth; the
County of Humboldt the sixth; the County of
Lander the seventh; the County of Douglas
the eighth; and the County of Esmeralda the
ninth. The County of Roop shall be attached
to the County of Washoe for judicial purposes,
until otherwise provided by law. The Legis-
lature may, however, provide by law for an
alteration in the boundaries or divisions of the
districts herein prescribed, and also for increas-
ing or diminishing the number of the Judicial
Districts and Judges therein. But no such
change shall take effect, except in case of a
vacancy, or the expiration of the term of an
incumbent of the office. At the first general
election, under this Constitution, there shall be
elected in each of the respective districts, (ex-
cept as in this section hereafter otherwise pro-
vided,) one District Judge, who shall hold office
from and including the first Monday of Decem-
ber, A. D. eighteen hundred and sixty-four, and
until the first Monday of January, in the year
eighteen hundred and sixty-seven; after the
said first election, there shall be elected at the
general election which immediately precedes
the expiration of the term of his predecessor,
one District Judge in each of the respective
Judicial Districts, (except in the first district, as
in this section hereinafter provided.) The Dis-
trict Judges shall be elected by the qualified
electors of their respective districts, and shall
hold office for the term of four years, (except-
ing those elected at said first election,) from
and including the first Monday of January next
succeeding their election and qualification;
provided, that the First Judicial District shall
be entitled to, and shall have, three District sponsibilities; provided, that such Justices'
Judges, who shall possess co-extensive and
concurrent jurisdiction, and who shall be elect-
ed at the same times, in the same manner, and
shall hold office for the like terms, as herein
prescribed, in relation to the Judges in other
Judicial Districts. Any one of said Judges
may preside on the empanneling of grand
juries, and the presentment and trial on indict-
ments, under such rules and regulations as may
be prescribed by law.

all cases at law which involve the title or the
right of possession to, or the possession of, real
property or mining claims, or the legality of
any tax, impost, assessment, toll, or municipal
fine, and in all other cases in which the demand
(exclusive of interest) or the value of the prop-
erty in controversy, exceeds three hundred dol-
lars; also, in all cases relating to the estates of
deceased persons, and the persons and estates
of minors and insane persons, and of the action
of forcible entry and unlawful detainer; and
also, in all criminal cases not otherwise pro-
vided for by law. They shall, also, have final
appellate jurisdiction in cases arising in Jus-
tices' Courts, and such other inferior tribunals
as may be established by law. The District
Courts and the Judges thereof shall have power
to issue writs of mandamus, injunction, quo
warranto, certiorari, and all other writs proper
and necessary to the complete exercise of
their jurisdiction; and, also, shall have power
to issue writs of habeas corpus on petition by
or on behalf of any person held in actual cus-
tody in their respective districts.

SEC. 6. The District Courts in the several Judicial Districts in this State shall have original jurisdiction in all cases in equity; also, in

SEC. 7. The times of holding the Supreme Court, and District Courts, shall be as fixed by law. The terms of the Supreme Court shall be held at the seat of government, and the terms of the District Courts shall be held at the county seats of their respective counties; provided, that in case any county shall be hereafter divided into two or more districts, the Legislature may, by law, designate the places of holding Courts in such districts.

SEC. 8. The Legislature shall determine the number of Justices of the Peace to be elected in each city and township of the State, and shall fix, by law, their powers, duties, and re

Courts shall not have jurisdiction of the following cases, viz: First-Of cases in which the matter in dispute is a money demand or per sonal property, and the amount of the demand (exclusive of interest,) or the value of the property, exceeds three hundred dollars. See ond-Of cases wherein the title to real estate, or mining claims, or questions of boundaries to land, is or may be involved; or of cases that in any manner shall conflict with the jurisdiction of the several Courts of Record in this State. And, provided further, that Justices' Courts shall have such criminal jurisdiction as

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