Kate Keane worked on this constitution I worked on it 9/24.03 I think this is ready to go *** CSTART NV 03/21/1864 1/1/2003 *** *** ASTART 9023.0 NV 1864 *** CONSTITUTION OF THE STATE OF NEVADA-1864 PRELIMINARY ACTION WHEREAS, The Act of Congress, approved March twenty-first, A. D. eighteen hundred and sixty-four, "To Enable the People of the Territory of Nevada to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States," requires that the members of the Convention for framing said Constitution shall, after organization, on behalf of the people of said Territory, adopt the Constitution of the United States; therefore be it Resolved, That the members of this Convention, elected by the authority of the aforesaid Enabling Act of Congress, as assembled in Carson City, the Capital of said Territory of Nevada and immediately subsequent to its organization, do adopt, on behalf of the people of said Territory, the Constitution of the United States. ORDINANCE In obedience to the requirements of an Act of the Congress of the United States, approved March twenty-first, A. D. eighteen hundred and sixty-four, to enable the people of Nevada to form a Constitution and State Government, this Convention, elected and convened in obedience to said Enabling Act, do ordain as follows and this ordinance shall be irrevocable, without the consent of the United States and the people of the State of Nevada: First-That there shall be in this State neither slavery nor involuntary servitude, otherwise than in the punishment for crimes, whereof the party shall have been duly convicted. Second-That perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested, in person or property, on account of his or her mode of religious worship. Third-That the people inhabiting said Territory do agree, and declare, that they forever disclaim all right and title to the unappropriated public lands lying within said Territory, and that the same shall be and remain at the sole and entire disposition of the United States, residing without the said State, shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said State on lands or property therein belonging to, or which may hereafter be purchased by, the United States. *** AEND *** *** ASTART 9001.0 NV 1864 *** PREAMBLE We, the people of the State of Nevada, grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect government, do establish this constitution: *** AEND *** *** ASTART 001.0 NV 1864 *** ARTICLE I DECLARATION OF RIGHTS *** SSTART 001.0 001.0 0 NV 1864 *** SECTION 1. All men are, by nature, free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. *** SEND *** *** SSTART 002.0 001.0 0 NV 1864 *** SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the Federal Government, in the exercise of all its constitutional powers, as the same have been, or may be, defined by the Supreme Court of the United States, and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert, or resist the supreme authority of the Government of the United States. The Constitution of the United States confers full power on the Federal Government to maintain and perpetuate its existence, and whensoever any portion of the States, or people thereof, attempt to secede from the Federal Union, or forcibly resist the execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its authority. *** SEND *** *** SSTART 003.0 001.0 0 NV 1864 *** SEC. 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner to be prescribed by law; and in civil cases, if three-fourths of the jurors agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury; provided, the Legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict, notwithstanding this provision. *** SEND *** *** SSTART 004.0 001.0 0 NV 1864 *** SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. *** SEND *** *** SSTART 005.0 001.0 0 NV 1864 *** SEC. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require its suspension. *** SEND *** *** SSTART 006.0 001.0 0 NV 1864 *** SEC. 6. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained. *** SEND *** *** SSTART 007.0 001.0 0 NV 1864 *** SEC. 7. All persons shall be bailable by sufficient sureties; unless for capital offenses, when the proof is evident, or the presumption great. *** SEND *** *** SSTART 008.0 001.0 0 NV 1864 *** SEC. 8. No person shall be tried for a capital or other infamous crime, (except in cases of impeachment, and in cases of the militia when in actual service, and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature), except on presentment or indictment of a grand jury; and in any trial in any court whatever the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation having been first made or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made. *** SEND *** *** SSTART 009.0 001.0 0 NV 1864 *** SEC. 9. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels the truth may be given in evidence to the jury and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted or exonerated. *** SEND *** *** SSTART 010.0 001.0 0 NV 1864 *** SEC. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. *** SEND *** *** SSTART 011.0 001.0 0 NV 1864 *** SEC. 11. The military shall be subordinate to the civil power. No standing army shall be maintained by this State in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years. *** SEND *** *** SSTART 012.0 001.0 0 NV 1864 *** SEC. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law. *** SEND *** *** SSTART 013.0 001.0 0 NV 1864 *** SEC. .13. Representation shall be apportioned according to population. *** SEND *** *** SSTART 014.0 001.0 0 NV 1864 *** SEC. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia fine in time of peace. *** SEND *** *** SSTART 015.0 001.0 0 NV 1864 *** SEC. 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. *** SEND *** *** SSTART 016.0 001.0 0 NV 1864 *** SEC. 16. Foreigners who are, or may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native-born citizens. *** SEND *** *** SSTART 017.0 001.0 0 NV 1864 *** SEC. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. *** SEND *** *** SSTART 018.0 001.0 0 NV 1864 *** SEC. 18. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized. *** SEND *** *** SSTART 019.0 001.0 0 NV 1864 *** SEC. 19. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. And no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. *** SEND *** *** SSTART 020.0 001.0 0 NV 1864 *** SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people. *** SEND *** *** AEND *** *** ASTART 002.0 NV 1864 *** ARTICLE Il RIGHT OF SUFFRAGE *** SSTART 001.0 002.0 0 NV 1864 *** SECTION 1. Every white male citizen of the United States, (not laboring under the disabilities named in this Constitution,) of the age of twenty-one years and upwards, who shall have actually, and not constructively, resided in the State six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people; and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any State or Territory of the United States, unless restored to civil rights, and no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government, and no idiot or insane person, shall be entitled to the privilege of an elector. *** SEND *** *** SSTART 002.0 002.0 0 NV 1864 *** SEC. 2. For the purpose of voting, no person shall be deemed to have gained or last a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while confined at any public prison. *** SEND *** *** SSTART 003.0 002.0 0 NV 1864 *** SEC. 3. The right of suffrage shall be enjoyed by all persons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and provided further, that the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this Constitution. *** SEND *** *** SSTART 004.0 002.0 0 NV 1864 *** SEC. 4. During the day on which any general election shall be held in this State, no qualified elector shall be arrested by virtue of any civil process. *** SEND *** *** SSTART 005.0 002.0 0 NV 1864 *** SEC. 5. All elections by the people shall be by ballot, and all elections by the Legislature, or by either branch thereof, shall be viva voce. *** SEND *** *** SSTART 006.0 002.0 0 NV 1864 *** SEC. 6. Provision shall be made by law for the registration of the names of the electors within the counties of which they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary as a test of electoral qualifications. *** SEND *** *** SSTART 007.0 002.0 0 NV 1864 *** SEC. 7. The Legislature shall provide by law for the payment of an annual poll tax, of not less than two nor exceeding four dollars, from each male person resident in the State between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one-half to be applied for State and one-half for county purposes; and the Legislature may, in its discretion, make such payment a condition to the right of voting. *** SEND *** *** SSTART 008.0 002.0 0 NV 1864 *** SEC. 8. All persons qualified by law to vote for representatives to the General Assembly of the Territory of Nevada, on the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons who may be lawful voters in said Territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution. *** SEND *** *** AEND *** *** ASTART 003.0 NV 1864 *** ARTICLE III DISTRIBUTION OF POWERS *** SSTART 001.0 003.0 0 NV 1864 *** SECTION 1. The powers of the Government of the State of Nevada shall be divided into three separate departments the Legislative, the Executive and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted. *** SEND *** *** AEND *** *** ASTART 004.0 NV 1864 *** ARTICLE IV LEGISLATIVE DEPARTMENT *** SSTART 001.0 004.0 0 NV 1864 *** SECTION I. The legislative authority of this State shall be vested in a Senate and Assembly, which shall be designated "The Legislature of the State of Nevada," and the sessions of such Legislature shall be held at the seat of Government of the State. *** SEND *** *** SSTART 002.0 004.0 0 NV 1864 *** SEC. 2. The sessions of the Legislature shall be biennial, and shall commence on the first Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation. *** SEND *** *** SSTART 003.0 004.0 0 NV 1864 *** SEC. 3. The members of the Assembly shall be chosen biennially, by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, and their term of office shall be two years from the day next after their election. *** SEND *** *** SSTART 004.0 004.0 0 NV 1864 *** SEC. 4. Senators shall be chosen at the same time and places as members of the Assembly, by the qualified electors of their respective districts, and their term of office shall be four years from the day next after their election. *** SEND *** *** SSTART 005.0 004.0 0 NV 1864 *** SEC. 5. Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent, and the number of Senators shall not be less than one-third nor more than one-half of that of the members of the Assembly. *** SEND *** *** SSTART 006.0 004.0 0 NV 1864 *** SEC. 6. Each House shall judge of the qualifications, elections, and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of all the members elected, expel a member. *** SEND *** *** SSTART 007.0 004.0 0 NV 1864 *** SEC. 7. Either House, during the session, may punish, by imprisonment, any person, not a member, who shall have been guilty of disrespect, to the House by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session. *** SEND *** *** SSTART 008.0 004.0 0 NV 1864 *** Sec. 8. No Senator or member of Assembly shall, during the term for which he shall have been elected, nor for one year thereafter, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people. *** SEND *** *** SSTART 009.0 004.0 0 NV 1864 *** SEC. 9. No person holding any lucrative office under the Government of the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that Postmasters whose compensation does not exceed five hundred dollars per annum or Commissioners of Deeds, shall not be deemed as holding a lucrative office. *** SEND *** *** SSTART 010.0 004.0 0 NV 1864 *** SEC. 10. Any person who shall be convicted of the embezzlement or defalcation of the public funds of this State, or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this State. And the Legislature shall, as soon practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony. *** SEND *** *** SSTART 011.0 004.0 0 NV 1864 *** SEC 11 Members of the Legislature shall, be privileged from arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session. *** SEND *** *** SSTART 012.0 004.0 0 NV 1864 *** SEC. 12. When vacancies occur in either House, the Governor shall issue writs of election to fill such vacancy. *** SEND *** *** SSTART 013.0 004.0 0 NV 1864 *** SEC. 13. A majority of all the members elected to each House shall constitute a quorum to transact business, but a smaller number may adjourn, from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may prescribe. *** SEND *** *** SSTART 014.0 004.0 0 NV 1864 *** SEC. 14. Each House shall keep a Journal of its own proceedings, which shall be published, and the yeas and nays of the members of either House, on any question, shall, at the desire of any three members present, be entered on the Journal. *** SEND *** *** SSTART 015.0 004.0 0 NV 1864 *** SEC. 15. The doors of each House shall be kept open during its session, except the Senate while sitting in Executive Session; and neither shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be holding their sessions. *** SEND *** *** SSTART 016.0 004.0 0 NV 1864 *** SEC. 16. Any bill may originate in either House of the Legislature, and all bills passed by one may be amended in the other. *** SEND *** *** SSTART 017.0 004.0 0 NV 1864 *** SEC. 17. Each law enacted by the Legislature shall embrace but one subject, and matter properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be revised or amended by reference to its title only; but, in such case, the act as revised, or section as amended, shall be re-enacted and published at length. *** SEND *** *** SSTART 018.0 004.0 0 NV 1864 *** SEC. 18. Every bill shall be read by sections on three several days in each House, unless, in case of emergency, two-thirds of the House where such bill may be pending shall deem it expedient to dispense with this rule; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays, to be entered on the journals of each House; and a majority of all the members elected to each House shall be necessary to pass every bill or joint resolution, and all bills or joint resolutions so passed shall be signed by the presiding officers of the respective Houses, and by the Secretary of the Senate and Clerk of the Assembly. *** SEND *** *** SSTART 019.0 004.0 0 NV 1864 *** SEC. 19. No money shall be drawn from the Treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at every regular session of the Legislature. *** SEND *** *** SSTART 020.0 004.0 0 NV 1864 *** Sec. 20. The Legislature shall not pass local or special laws in any of the following enumerated cases-that is to say: Regulating the jurisdiction and duties of the Justices of the Peace and of Constables; For the punishment of crimes and misdemeanors; Regulating the practice of Courts of Justice; Providing for changing the venue in civil and criminal cases; Granting divorces; Changing the names of persons; Vacating roads, town plots, streets, alleys and public squares; Summoning and empanneling grand and petit juries, and providing for their compensation; Regulating county and township business; Regulating the election of county and township officers; For the assessment and collection of taxes for State, county and township purposes; Providing for opening and conducting elections of State, county and township officers, and designating the places of voting; Providing for the sale of real estate or personal property belonging to minors or other persons laboring under legal disabilities . *** SEND *** *** SSTART 021.0 004.0 0 NV 1864 *** SEC. 21. In all cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the State. *** SEND *** *** SSTART 022.0 004.0 0 NV 1864 *** SEC. 22. Provision may be made by general law for bringing suit against the State, as to all liabilities originating after the adoption of this Constitution. *** SEND *** *** SSTART 023.0 004.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 024.0 004.0 0 NV 1864 *** SEC. 24. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. *** SEND *** *** SSTART 025.0 004.0 0 NV 1864 *** SEC. 25. The Legislature shall establish a system of county and township government, which shall be uniform throughout the State. *** SEND *** *** SSTART 026.0 004.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 027.0 004.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 028.0 004.0 0 NV 1864 *** SEC. 28. No money shall be drawn from the State Treasury as salary or compensation to any officer or employee 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 employee, and the salary or compensation so fixed shall neither be increased nor diminished so as to apply to any officer or employee of the Legislature, or either branch thereof, at such session; provided, that this restriction shall not apply to the first session of the Legislature. *** SEND *** *** SSTART 029.0 004.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 030.0 004.0 0 NV 1864 *** 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, when that relation exists; but no property 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. *** SEND *** *** SSTART 031.0 004.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 032.0 004.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 033.0 004.0 0 NV 1864 *** 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 Lieutenant-Governor, 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. *** SEND *** *** SSTART 034.0 004.0 0 NV 1864 *** SEC. 34. In all elections for United States Senators, such elections shall be held in joint 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 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 exceeding ten days, from the publication of his proclamation, and the joint convention when so assembled shall proceed to elect the Senator as herein provided. *** SEND *** *** SSTART 035.0 004.0 0 NV 1864 *** 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 (Sundays 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. *** SEND *** *** AEND *** *** ASTART 005.0 NV 1864 *** ARTICLE V EXECUTIVE DEPARTMENT *** SSTART 001.0 005.0 0 NV 1864 *** SECTION 1. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be Governor of the State of Nevada. *** SEND *** *** SSTART 002.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 003.0 005.0 0 NV 1864 *** SEC. 3. No person shall be eligible to the office of Governor who is not a qualified elector, and who, at the time of such election, has not attained the age of twenty-five years, and who, except at the first election under this Constitution, shall not have been a citizen resident of this State for two years next preceding the election. *** SEND *** *** SSTART 004.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 005.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 006.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 007.0 005.0 0 NV 1864 *** SEC. 7. He shall see that the laws are faithfully executed. *** SEND *** *** SSTART 008.0 005.0 0 NV 1864 *** SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill such vacancy by granting a commission, which shall expire at the next election and qualification of the person elected to such office. *** SEND *** *** SSTART 009.0 005.0 0 NV 1864 *** 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 especially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session. *** SEND *** *** SSTART 010.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 011.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 012.0 005.0 0 NV 1864 *** SEC. 12. No person shall, while holding any office under the United States Government, hold the office of Governor, except as herein expressly provided. *** SEND *** *** SSTART 013.0 005.0 0 NV 1864 *** 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 case of fine or forfeiture remitted, or reprieve, pardon or commutation granted, stating the name of the convict, the crime of which he was convicted, the sentence, its date, and the date of the remission, commutation, pardon or reprieve. *** SEND *** *** SSTART 014.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 015.0 005.0 0 NV 1864 *** 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." *** SEND *** *** SSTART 016.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 017.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 018.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 019.0 005.0 0 NV 1864 *** SEC. 19. A Secretary of State, a Treasurer, a Controller, a Surveyor-General, and an Attorney- General, shall be elected at the same time 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. *** SEND *** *** SSTART 020.0 005.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 021.0 005.0 0 NV 1864 *** 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." *** SEND *** *** SSTART 022.0 005.0 0 NV 1864 *** SEC. 22. The Secretary of State, State Treasurer, State Controller, Surveyor-General, Attorney-General and Superintendent of Public Instruction, shall perform such other duties as may be prescribed by law. *** SEND *** *** AEND *** *** ASTART 006.0 NV 1864 *** ARTICLE VI JUDICIAL DEPARTMENT *** SSTART 001.0 006.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 002.0 006.0 0 NV 1864 *** 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. *** SEND *** *** SSTART 003.0 006.0 0 NV 1864 *** SEC.3. The Justices of the Supreme Court shall be elected by the qualified electors of the 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. *** SEND *** *** SSTART 004.0 006.0 0 NV 1864 *** SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases in equity; also, in all cases at law in which is involved the title or right of possession to, or the possession of, 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 subdivisions 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. *** SEND *** *** SSTART 005.0 006.0 0 NV 1864 *** SEC. 5. The State is hereby divided into nine Judicial Districts, of which the County of Storey shall constitute the first; the County of 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 Legislature may, however, provide by law for an alteration in the boundaries or divisions of the districts herein prescribed, and also for increasing or diminishing the number of the judicial districts and Judges therein. But no 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, (except as in this section hereafter otherwise provided,) one District Judge, who shall hold office from and including the first Monday of December, 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 the respective Judicial Districts, (except in the first district, as in this section hereinafter provided.) The District Judges shall be elected by the qualified electors of their respective districts and shall hold office for the term of four years, (excepting those elected at said first election,) from and including the first Monday in January next succeeding their election and qualification; provided, that the First Judicial District shall be entitled to, and shall have, three District Judges, who shall possess coextensive and concurrent jurisdiction, and who shall be elected 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 indictments, under such rules and regulations as may be prescribed by law. *** SEND *** *** SSTART 006.0 006.0 0 NV 1864 *** SEC. 6. The District Courts in the several Judicial Districts of this State shall have original jurisdiction in all cases in equity; also, in 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 any other cases in which the demand (exclusive of interest) or the value of the property in controversy exceeds three hundred dollars; 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 provided for by law. They shall, also, have final appellate jurisdiction in cases arising in Justices' 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 custody in their respective districts. *** SEND *** *** SSTART 007.0 006.0 0 NV 1864 *** 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 any such districts. *** SEND *** *** SSTART 008.0 006.0 0 NV 1864 *** 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 responsibilities; provided, that such Justices' Courts shall not have jurisdiction of the following cases, viz: First Of cases in which the matter in dispute is a money demand or personal property, and the amount of the demand, (exclusive of interest,) or the value of the property, exceeds three hundred dollars. Second 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 may be prescribed by law; and the Legislature may confer upon said courts jurisdiction concurrent with the District Courts, of actions to enforce mechanics' liens wherein the amount (exclusive of interest) does not exceed three hundred dollars; and, also, of actions for the possession of lands and tenements, where the relation of landlord and tenant exists, or when such possession has been unlawfully or fraudulently obtained or withheld. The Legislature shall also prescribe, by law, the manner, and determine the cases in which appeals may be taken from Justices' and other Courts. The Supreme Court, the District Courts, and such other courts as the Legislature shall designate, shall be Courts of Record. *** SEND *** *** SSTART 009.0 006.0 0 NV 1864 *** SEC. 9. Provision shall be made by law prescribing the powers, duties, and responsibilities of any Municipal Court that may be established in pursuance of Section 1 of this Article; and also fixing, by law, the jurisdiction of said court, so as not to conflict with that of the several Courts of Record. *** SEND *** *** SSTART 010.0 006.0 0 NV 1864 *** SEC. 10. No judicial officer, except Justices of the Peace and City Recorders, shall receive, to his own use, any fees or perquisites of office. *** SEND *** *** SSTART 011.0 006.0 0 NV 1864 *** SEC. 11. The Justices of the Supreme Court and the District Judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected; and all elections or appointments of any such Judges by the people, Legislature, or otherwise, during said period, to any office other than judicial, shall be void. *** SEND *** *** SSTART 012.0 006.0 0 NV 1864 *** SEC. 12. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law. *** SEND *** *** SSTART 013.0 006.0 0 NV 1864 *** SEC. 13. The style of all process shall be "The State of Nevada," and all prosecutions shall be conducted in the name and by the authority of the same. *** SEND *** *** SSTART 014.0 006.0 0 NV 1864 *** SEC. 14. There shall be but one form of civil action, and law and equity may be administered in the same action. *** SEND *** *** SSTART 015.0 006.0 0 NV 1864 *** SEC. 15. The. Justices of the Supreme Court and District Judges shall each receive quarterly, for their services, a compensation to be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, unless in case a vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each year's revenue a sufficient amount of money to pay such compensation; provided, that District Judges shall be paid out of the County Treasuries of the counties composing their respective districts. *** SEND *** *** SSTART 016.0 006.0 0 NV 1864 *** SEC. 16. The Legislature, at its first session, and from time to time thereafter, shall provide by law, that upon the institution of each civil action, and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding in the several Courts of Record in this State, a special court-fee or tax shall be advanced to the clerks of said courts, respectively, by the party or parties bringing such action or proceeding, or taking such appeal; and the money so paid in shall be accounted for by such clerks, and applied towards the payment of the compensation of the Judges of said courts, as shall be directed by law. *** SEND *** *** SSTART 017.0 006.0 0 NV 1864 *** SEC. 17. The Legislature shall have no power to grant leave of absence to a judicial officer, and any such officer who shall absent himself from the State for more than ninety consecutive days, shall be deemed to have vacated his office. *** SEND *** *** SSTART 018.0 006.0 0 NV 1864 *** SEC. 18. No judicial officer shall be superseded, nor shall the organization of the several courts of the Territory of Nevada be changed, until the election and qualification of the several officers provided for in this article. *** SEND *** *** AEND *** *** ASTART 007.0 NV 1864 *** ARTICLE VII IMPEACHMENT AND REMOVAL FROM OFFICE *** SSTART 001.0 007.0 0 NV 1864 *** SECTION 1. The Assembly shall have the sole power of impeaching. The concurrence of a majority of all the members elected shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice, according to law and evidence. The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Governor or Lieutenant-Governor, upon impeachment. No person shall be convicted without the concurrence of two-thirds of the Senators elected. *** SEND *** *** SSTART 002.0 007.0 0 NV 1864 *** SEC. 2. The Governor and other State and Judicial officers, except Justices of the Peace, shall be liable to impeachment for misdemeanor or malfeasance in office; but judgment in such case shall not extend further than removal from office, and disqualification to hold any office of honor, profit, or trust, under this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment, and punishment according to law. *** SEND *** *** SSTART 003.0 007.0 0 NV 1864 *** SEC. 3. For any reasonable cause, to be entered on the journals of each House, which may or may not be sufficient grounds for impeachment, the Chief Justice and Associate Justices of the Supreme Court, and Judges of the District Courts, shall be removed from office on the vote of two-thirds of the members elected to each branch of the Legislature, and the Justice or Judge complained of shall be served with a copy of the complaint against him, and shall have an opportunity of being heard in person or by counsel, in his defense; provided, that no member of either branch of the Legislature shall be eligible to fill the vacancy occasioned by such removal. *** SEND *** *** SSTART 004.0 007.0 0 NV 1864 *** SEC. 4. Provision shall be made by law for the removal from office of any civil officer, other than those in this article previously specified, for malfeasance or nonfeasance in the performance of his duties. *** SEND *** *** AEND *** *** ASTART 008.0 NV 1864 *** ARTICLE VIII MUNICIPAL AND OTHER CORPORATIONS *** SSTART 001.0 008.0 0 NV 1864 *** SECTION 1. The Legislature shall pass no special Act in any matter relating to corporate powers except for municipal purposes; but corporations may be formed under general laws; and all such laws may, from time to time, be altered or repealed. *** SEND *** *** SSTART 002.0 008.0 0 NV 1864 *** SEC. 2. All real property, and possessory rights to the same, as well as personal property in this State, belonging to corporations now existing, or hereafter created, shall be subject to taxation the same as property, of individuals; provided, that the property of corporations formed for municipal, charitable, religious, or educational purposes may be exempted by law. *** SEND *** *** SSTART 003.0 008.0 0 NV 1864 *** SEC. 3. Dues from corporations shall be secured by such means as may be prescribed by law; provided, that corporators in corporations formed under the laws of this State shall not be individually liable for the debts or liabilities of such corporation. *** SEND *** *** SSTART 004.0 008.0 0 NV 1864 *** SEC. 4. Corporations created by or under the laws of the Territory of Nevada, shall be subject to the provisions of such laws until the Legislature shall pass laws regulating the same, in pursuance of the provisions of this Constitution. *** SEND *** *** SSTART 005.0 008.0 0 NV 1864 *** SEC. 5. Corporations may sue and be sued in all courts, in like manner as individuals. *** SEND *** *** SSTART 006.0 008.0 0 NV 1864 *** SEC. 6. No bank notes, or paper of any kind, shall ever be permitted to circulate as money in this State, except the Federal currency, and the notes of banks authorized under the laws of Congress. *** SEND *** *** SSTART 007.0 008.0 0 NV 1864 *** SEC. 7. No right of way shall be appropriated to the use of any corporation, until full compensation be first made or secured therefor. *** SEND *** *** SSTART 008.0 008.0 0 NV 1864 *** SEC. 8. The Legislature shall provide for the organization of cities and towns by general laws, and restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, except for procuring supplies of water. *** SEND *** *** SSTART 009.0 008.0 0 NV 1864 *** SEC. 9. The State shall not donate or loan money or its credit, subscribe to, or be interested in the stock of any company, association, or corporation, except corporations formed for educational or charitable purposes. *** SEND *** *** SSTART 010.0 008.0 0 NV 1864 *** SEC. 10. No county, city, town, or other municipal corporation, shall become a stockholder in any joint stock company, corporation, or association whatever, or loan its credit in aid of any such company, corporation, or association, except railroad corporations, companies, or associations. *** SEND *** *** AEND *** *** ASTART 009.0 NV 1864 *** ARTICLE IX FINANCE AND STATE DEBT *** SSTART 001.0 009.0 0 NV 1864 *** SECTION 1. The fiscal year shall commence on the first day of January in each year. *** SEND *** *** SSTART 002.0 009.0 0 NV 1864 *** SEC. 2. The Legislature shall provide by law for an annual tax, sufficient to defray the estimated expenses of the State for each fiscal year; and whenever the expenses of any year shall exceed the income, the Legislature shall provide for levying a tax sufficient, with other sources of income, to pay the deficiency, as well as the estimated expenses of such ensuing year or two years. *** SEND *** *** SSTART 003.0 009.0 0 NV 1864 *** SEC. 3. For the purpose of enabling the State to transact its business upon a cash basis from its organization, the State may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of three hundred thousand dollars, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose, or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semi-annually, and the principal within twenty years from the passage of such law, and shall be specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed, nor the taxes be postponed or diminished, until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into, or assumed, by or on behalf of the State, when all its debts and liabilities amount to said sum before-mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the State in time of war, or, if hostilities be threatened, provide for the public defense. *** SEND *** *** SSTART 004.0 009.0 0 NV 1864 *** SEC. 4. The State shall never assume the debts of any county, town, city, or other corporation whatever, unless such debts have been created to repel invasion, suppress insurrection, or to provide for the public defense. *** SEND *** *** AEND *** *** ASTART 010.0 NV 1864 *** ARTICLE X TAXATION *** SSTART 001.0 010.0 0 NV 1864 *** SECTION 1. The Legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal, and possessory, excepting mines and mining claims, the proceeds of which alone shall be taxed, and, also, excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious, or charitable purposes. *** SEND *** *** AEND *** *** ASTART 011.0 NV 1864 *** ARTICLE XI EDUCATION *** SSTART 001.0 011.0 0 NV 1864 *** SECTION 1. The Legislature shall encourage, by all suitable means, the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements; and also provide for the election, by the people, at the general election, of a Superintendent of Public Instruction, whose terms of office shall be two years from the first Monday of January A. D. eighteen hundred and sixty-five, and until the election and the qualification of his successor, and whose duties shall be prescribed by law. *** SEND *** *** SSTART 002.0 011.0 0 NV 1864 *** SEC. 2. The Legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district neglecting to establish and maintain such a school, or which shall allow instructions of a sectarian character therein, may be deprived of its proportion of the interest of the public school fund during such neglect or infraction; and the Legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public school. *** SEND *** *** SSTART 003.0 011.0 0 NV 1864 *** SEC. 3. All lands, including the sixteenth and thirty-sixth sections in every township, donated for the benefit of public schools in the Act of the Thirty-Eighth Congress, to enable the people of Nevada Territory to form a State Government, the thirty thousand acres of public lands granted by an Act of Congress, approved July second, A. D. eighteen hundred and sixty-two, for each Senator and Representative in Congress, and all proceeds of lands that have been, or may hereafter, be granted or appropriated by the United States to this State, and also the five hundred thousand acres of land granted to the new States, under the Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. eighteen hundred and forty-one; provided, that Congress make provisions for, or authorizes such diversion to be made for the purpose herein contained, all estates that may escheat to the State, all of such per cent. as may be granted by Congress on the sale of lands, all fines collected under the penal laws of the State, all property given or bequeathed to the State for educational purposes, and all proceeds derived from any or all of said sources, shall be and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties in proportion to the ascertained numbers of the persons between the ages of six and eighteen years in the different counties, and the Legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources, in United States bonds, or the bonds of this State; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided further, that such portions of said interest as may be necessary may be appropriated for the support of the State University. *** SEND *** *** SSTART 004.0 011.0 0 NV 1864 *** SEC. 4. The Legislature shall provide for the establishment of a State University, which shall embrace departments for agriculture, mechanic arts, and mining, to be controlled by a Board of Regents, whose duties shall be prescribed by law. *** SEND *** *** SSTART 005.0 011.0 0 NV 1864 *** SEC. 5. The Legislature shall have power to establish normal schools, and such different grades of schools, from the primary department to the university, as in their discretion they may deem necessary, and all professors in said university, or teachers in said schools, of whatever grade, shall be required to take and subscribe to the oath as prescribed in Article Fifteen of this Constitution. No professor or teacher who fails to comply with the provisions of any law framed in accordance with the revisions of this section shall be entitled to receive any portion of the public moneys set apart for school purposes. *** SEND *** *** SSTART 006.0 011.0 0 NV 1864 *** SEC. 6. The Legislature shall provide a special tax of one-half of one mill on the dollar of all taxable property in the State, in addition to the other means provided for the support and maintenance of said university and common schools; provided, that at the end of ten years they may reduce said tax to one-quarter of one mill on each dollar of taxable property. *** SEND *** *** SSTART 007.0 011.0 0 NV 1864 *** SEC. 7. The Governor, Secretary of State, and Superintendent of Public Instruction shall, for the first four years, and until their successors are elected and qualified, constitute a Board of Regents, to control and manage the affairs of the university, and the funds of the same, under such regulations as may be provided by law. But the Legislature shall, at its regular session next preceding the expiration of the term of office of said Board or Regents, provide for the election of a new Board of Regents, and define their duties. *** SEND *** *** SSTART 008.0 011.0 0 NV 1864 *** SEC. 8. The Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said mining department in such manner as to make it most effective and useful; provided, that all the proceeds of the public lands donated by Act of Congress approved July second A. D. eighteen hundred and sixty-two, for a college for the benefit of agriculture, the mechanic arts, and including military tactics, shall be invested by the said Board of Regents in a separate fund, to be appropriated exclusively for the benefit of the first named departments to the University, as set forth in Section Four above; and the Legislature shall provide that if, through neglect or any other contingency, any portion of the fund so set apart shall be lost or misappropriated, the State of Nevada shall replace said amount so lost or misappropriated in said fund, so that the principal of said fund shall remain forever undiminished. *** SEND *** *** SSTART 009.0 011.0 0 NV 1864 *** SEC. 9. No sectarian instruction shall be imparted or tolerated in any school or university that may be established under this Constitution. *** SEND *** *** AEND *** *** ASTART 012.0 NV 1864 *** ARTICLE XII MILITIA *** SSTART 001.0 012.0 0 NV 1864 *** SECTION 1. The Legislature shall provide by law for organizing and disciplining the militia of this State, for the effectual encouragement of volunteer corps, and the safe keeping of the public arms. *** SEND *** *** SSTART 002.0 012.0 0 NV 1864 *** SEC. 2. The Governor shall have power to call out the militia to execute the laws of the State, or to suppress insurrection or repel invasion. *** SEND *** *** AEND *** *** ASTART 013.0 NV 1864 *** ARTICLE XIII PUBLIC INSTITUTIONS *** SSTART 001.0 013.0 0 NV 1864 *** SECTION 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law. *** SEND *** *** SSTART 002.0 013.0 0 NV 1864 *** SEC. 2. A State Prison shall be established and maintained in such manner as may be prescribed by law, and provision may be made by law for the establishment and maintenance of a House of Refuge for juvenile offenders. *** SEND *** *** SSTART 003.0 013.0 0 NV 1864 *** SEC. 3. The respective counties of the State shall provide, as may be prescribed by law, for those inhabitants who, by reason of age and infirmity, or misfortunes, may have claim upon the sympathy and aid of society. *** SEND *** *** AEND *** *** ASTART 014.0 NV 1864 *** ARTICLE XIV BOUNDARY *** SSTART 001.0 014.0 0 NV 1864 *** SECTION 1. The boundary of the State of Nevada shall be as follows: Commencing at a point formed by the intersection of the thirty-eighth degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the eastern boundary line of the State of California; thence in a north-westerly direction along said eastern boundary line of the State of California to the forty-third degree of longitude west from Washington; thence north along said forty-third degree of west longitude and said eastern boundary line of the State of California to the forty-second degree of north latitude; thence due east along the said forty-second degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree of longitude west from Washington; thence due south down said thirty-eighth degree of west longitude to the place of beginning. And whensoever Congress shall authorize the addition to the Territory or State of Nevada of any portion of the territory on the easterly border of the foregoing defined limits, not exceeding in extent one degree of longitude, the same shall thereupon be embraced within and become a part of this State. And, furthermore provided, that all such territory lying west of and adjoining the boundary line herein prescribed, which the State of California may relinquish to the Territory or State of Nevada, shall thereupon be embraced within and constitute a part of this State. *** SEND *** *** AEND *** *** ASTART 015.0 NV 1864 *** ARTICLE XV MISCELLANEOUS PROVISIONS *** SSTART 001.0 015.0 0 NV 1864 *** SECTION 1. The seat of government shall be at Carson City; but no appropriation for the erection or purchase of capitol buildings shall be made during the next three years. *** SEND *** *** SSTART 002.0 015.0 0 NV 1864 *** SEC. 2. Members of the Legislature, and all officers, executive, judicial, and ministerial, shall, before they enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation: " I --------------, do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution or law of any State, Convention, or Legislature, to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without an mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel; nor been knowingly the bearer of such challenge or acceptance, since the adoption of the Constitution of the State of Nevada, and that I will not be so engaged or concerned, directly or indirectly, in or about any such duel during my continuance in office. And further, that I will well and faithfully perform all the duties of the office of ------, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury." *** SEND *** *** SSTART 003.0 015.0 0 NV 1864 *** SEC. 3. No person shall be eligible to any office who is not a qualified elector under this Constitution. No person who, while a citizen of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or who has acted as second, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit or trust, or enjoy the right of suffrage under this Constitution. The Legislature shall provide, by law, for giving force and effect to this section. *** SEND *** *** SSTART 004.0 015.0 0 NV 1864 *** SEC. 4. No perpetuities shall be allowed except for eleemosynary purposes. *** SEND *** *** SSTART 005.0 015.0 0 NV 1864 *** SEC. 5. The general election shall be held on the Tuesday next after the first Monday of November. *** SEND *** *** SSTART 006.0 015.0 0 NV 1864 *** SEC. 6. The aggregate number of members of both branches of the Legislature shall never exceed seventy-five. *** SEND *** *** SSTART 007.0 015.0 0 NV 1864 *** SEC. 7. All county officers shall hold their offices at the county seat of their respective counties. *** SEND *** *** SSTART 008.0 015.0 0 NV 1864 *** SEC. 8. The Legislature shall provide for the speedy publication of all statute laws of a general nature, and such decisions of the Supreme Court as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the Supreme Court shall take effect and be operative until the opinion of the Court in such case shall be filed with the Clerk of said Court. *** SEND *** *** SSTART 009.0 015.0 0 NV 1864 *** SEC. 9. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the officers whose salaries or compensation is fixed in this Constitution; provided, no such change of salary or compensation shall apply to an officer during the term for which he may have been elected. *** SEND *** *** SSTART 010.0 015.0 0 NV 1864 *** SEC. 10. All officers, whose election or appointment is not otherwise provided for, shall be chosen or appointed, as may be prescribed by law. *** SEND *** *** SSTART 011.0 015.0 0 NV 1864 *** SEC. 11. The tenure of any office, not herein provided for, may be declared by law; or, when not so declared, such office shall be held during the pleasure of the authority making the appointment; but the Legislature shall not create any office, the tenure of which shall be longer than four years, except as herein otherwise provided in this Constitution. *** SEND *** *** SSTART 012.0 015.0 0 NV 1864 *** SEC.12. The Governor, Secretary of State, State Treasurer, State Controller, and Clerk of the Supreme Court shall keep their respective offices at the seat of government. *** SEND *** *** SSTART 013.0 015.0 0 NV 1864 *** SEC. 13. The enumeration of the inhabitants of this State shall be taken under the direction of the Legislature, if deemed necessary, in A. D. eighteen hundred and sixty-five; A. D. eighteen hundred and sixty-seven; and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in A. D. eighteen hundred and seventy, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature. *** SEND *** *** SSTART 014.0 015.0 0 NV 1864 *** SEC. 14. A plurality of votes given at an election by the people shall constitute a choice, where not otherwise provided by this Constitution. *** SEND *** *** AEND *** *** ASTART 016.0 NV 1864 *** ARTICLE XVI AMENDMENTS *** SSTART 001.0 016.0 0 NV 1864 *** SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly; and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such times as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become a part of the Constitution. *** SEND *** *** SSTART 002.0 016.0 0 NV 1864 *** SEC. 2. If, at any time the Legislature, by a vote of two-thirds of the members elected to each house, shall determine that it is necessary to cause a revision of this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election shall have voted in favor of calling a Convention, the Legislature shall, at its next session provide by law for calling a Convention, to be holden within six months after the passage of such law; and such Convention shall consist of a number of members not less than that of both branches of the Legislature. In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question. *** SEND *** *** AEND *** *** ASTART 017.0 NV 1864 *** ARTICLE XVII SCHEDULE *** SSTART 001.0 017.0 0 NV 1864 *** SECTION 1. That no inconvenience may arise by reason of a change from a Territorial to a permanent State government, it is declared that all rights, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, including counties, towns and cities, shall continue as if no change had taken place; and all process which may issue under the authority of the Territory of Nevada previous to its admission into the Union as one of the United States, shall be as valid as if issued in the name of the State of Nevada. *** SEND *** *** SSTART 002.0 017.0 0 NV 1864 *** SEC.2. All laws of the Territory of Nevada, in force at the final admission of this State, not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the Legislature. *** SEND *** *** SSTART 003.0 017.0 0 NV 1864 *** SEC.3. All fines, penalties, and forfeitures accruing to the Territory of Nevada, or to the people of the United States in the Territory of Nevada, shall inure to the State of Nevada. *** SEND *** *** SSTART 004.0 017.0 0 NV 1864 *** SEC. 4. All recognizances heretofore taken, or which may be taken before the change from a Territorial to a State government, shall remain valid, and shall pass to, and may be prosecuted in the name of the State; and all bonds executed to the Governor of the Territory, or to any other officer or court in his or their official capacity, or to the people of the United States in the Territory of Nevada, shall pass to the Governor, or other officer or court, and his or their successors in office, for the uses therein respectively expressed, and may be sued on, and recovery had accordingly; and all property, real, personal, or mixed, and all judgments, bonds, specialties, choses in action, claims, and debts of whatsoever description, and all records and public archives of the Territory of Nevada, shall issue to and vest in the State of Nevada, and may be sued for and recovered in the same manner, and to the same extent by the State of Nevada, as the same could have been by the Territory of Nevada. All criminal prosecutions and penal actions, which may have arisen, or which may arise before the change from a Territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offenses committed against the laws of the Territory of Nevada, before the change from a Territorial to a State government and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Nevada, with like effect as though such change had not taken place, and all penalties incurred shall remain the same as if this Constitution had not been adopted. All actions at law, and suits in equity, and all other legal proceedings which may be pending in any of the courts of the Territory of Nevada at the time of the change from a Territorial to a State government, may be continued and transferred to, and may be prosecuted to judgment and execution in any court of the State which shall have jurisdiction of the subject matter thereof; and all books, papers and records, relating to the same shall be transferred in like manner to such court. *** SEND *** *** SSTART 005.0 017.0 0 NV 1864 *** SEC. 5. For the first term of office succeeding the formation of a State government, the salary of the Governor shall be four thousand dollars per annum; the salary of the Secretary of State shall be three thousand six hundred dollars per annum; the salary of the State Controller shall be three thousand six hundred dollars per annum; the salary of the State Treasurer shall be three thousand six hundred dollars per annum; the salary of the Surveyor-General shall be one thousand dollars per annum; the salary of the Attorney-General shall be two thousand five hundred dollars per annum; the salary of the Superintendent of Public Instruction shall be two thousand dollars per annum; the salary of each Judge of the Supreme Court shall be seven thousand dollars per annum; the salaries of the foregoing officers shall be paid quarterly out of the State Treasury. The pay of State Senators and members of Assembly shall be eight dollars per day, for each day of actual service, and forty cents per mile for mileage going to and returning from the place of meeting. No officer mentioned in this section shall receive any fee or perquisites, to his own use, for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him by law. *** SEND *** *** SSTART 006.0 017.0 0 NV 1864 *** SEC. 6. Until otherwise provided by law, the apportionment of Senators and Assemblymen in the different counties shall be as follows, to wit: Storey County, four Senators and twelve Assemblymen; Douglas County, one Senator and two Assemblymen; Esmeralda County, two Senators and four Assemblymen; Humboldt County, two Senators and three Assemblymen; Lauder County, two Senators and four Assemblymen; Lyon County, one Senator and three Assemblymen; Lyon and Churchill Counties, one Senator, jointly; Churchill County, one Assemblyman; Nye County, one Senator and one Assemblyman; Ormsby County, two Senators and three Assemblymen; Washoe and Roop Counties, two Senators and three Assemblymen. *** SEND *** *** SSTART 007.0 017.0 0 NV 1864 *** SEC. 7. All debts and liabilities of the Territory of Nevada, lawfully incurred, and which remain unpaid at the time of the admission of this State into the Union, shall be assumed by and become the debt of the State of Nevada; provided, that the assumption of such indebtedness shall not prevent the State from contracting the additional indebtedness, as provided in section three of article nine of this Constitution. *** SEND *** *** SSTART 008.0 017.0 0 NV 1864 *** SEC. 8. The term of State officers, except judicial, elected at the first election under this Constitution, shall continue until the Tuesday after the first, Monday of January, A. D. eighteen hundred and sixty-seven, and until the election and qualification of their successors. *** SEND *** *** SSTART 009.0 017.0 0 NV 1864 *** SEC. 9. The Senators to be elected at the first election under this Constitution shall draw lots, so that the term of one-half of the number, as nearly as may be, shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-six, in the term of the other half shall expire on the day succeeding the general election in A, D. eighteen hundred and sixty-eight; provided, that in drawing lots for all Senatorial terms, the Senatorial representation shall be allotted so that in the counties having two or more Senators, the terms thereof shall be divided, as nearly as may be, between the long and short terms. *** SEND *** *** SSTART 010.0 017.0 0 NV 1864 *** SEC. 10. At the general election in A. D. eighteen hundred and sixty-six, and thereafter, the term of Senators shall be four years from the day succeeding such general election, and members of Assembly for two years from the day succeeding such general election; and the terms of Senators shall be allotted by the Legislature in long and short terms, as hereinbefore provided, so that one-half the number, as nearly as may be, shall be elected every two years. *** SEND *** *** SSTART 011.0 017.0 0 NV 1864 *** SEC. 11. The term of the members of the Assembly elected at the second general election under this Constitution, shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-five; and the terms of those elected at the general election in A. D. eighteen hundred and sixty-five shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-six. *** SEND *** *** SSTART 012.0 017.0 0 NV 1864 *** SEC. 12. The first regular session of the Legislature shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four; and the second regular session of the same shall commence on the first Monday of January, A. D. eighteen hundred and sixty-six; and the third regular session of the Legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January, A. D. eighteen hundred and sixty-seven; and the regular session of the Legislature shall be held thereafter biennially, commencing on the first Monday of January. *** SEND *** *** SSTART 013.0 017.0 0 NV 1864 *** SEC. 13. A1l county officers, under the laws of the Territory of Nevada, at the time when the Constitution shall take effect, whose offices are not inconsistent with the provisions of this Constitution, shall continue in office until the first Monday of January, A. D. eighteen hundred and sixty-seven, and until their successors are elected and qualified; and all township officers shall continue in office until the expiration of their terms of office, and until their successors are elected and qualified; provided, that the Probate Judges of the several counties, respectively, shall continue in office until the election and qualification of the District Judges of the several counties or judicial districts; and, provided further, that the term of office of the present county officers of Lander County shall expire on the first Monday of January, A. D. eighteen hundred and sixty-five, except the Probate Judge of said county, whose term of office shall expire upon the first Monday of December, A. D. eighteen hundred and sixty four, and there shall be an election for county officers of Lander County at the general election in November, A. D. eighteen hundred and sixty-four; and the officers then elected shall hold office from the first Monday of January A. D. eighteen hundred and sixty-five, until the first Monday of January, A. D. eighteen hundred and sixty-seven, and until their successors are elected and qualified. *** SEND *** *** SSTART 014.0 017.0 0 NV 1864 *** SEC 14. The Governor, Secretary, Treasurer, and Superintendent of Public Instruction of the Territory of Nevada shall each continue to discharge the duties of their respective offices after the admission of this State into the Union, and until the time designated for the qualification of the above named officers to be elected under the State Government; and the Territorial Auditor shall continue to discharge the duties of his said office until the time appointed for the qualification of the State Controller; provided, that the said officers shall each receive the salaries and be subject to the restrictions and conditions provided in this Constitution ; and, provided further, that none of them shall receive to his own use any fees or perquisites for the performance of any duty connected with his office. *** SEND *** *** SSTART 015.0 017.0 0 NV 1864 *** SEC. 15. The terms of the Supreme Court shall, until provision be made by law, be held at such times as, the Judges of the said Court, or a majority of them, may appoint. The first terms of the several District Courts, (except as hereinafter mentioned,) shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four. The first term of the District Court in the Fifth Judicial District shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four, in the County of Nye, and shall commence on the first Monday of January, A. D eighteen hundred and sixty-five, in the County of Churchill. The terms of the Fourth Judicial District, Court shall, until otherwise provided by law, be held at the county seat of Washoe County, and the first term thereof commence on the first Monday of December, A. D. eighteen hundred and sixty-four. *** SEND *** *** SSTART 016.0 017.0 0 NV 1864 *** SEC. 16. The Judges of the several District Courts of this State shall be paid, as hereinbefore provided, salaries at the following rates per annum: First Judicial District, (each Judge,) six thousand dollars; Second Judicial District, four thousand dollars; Third Judicial District, five thousand dollars; Fourth Judicial District, five thousand dollars; Fifth Judicial District, thirty-six hundred dollars; Sixth Judicial District, four thousand dollars; Seventh Judicial District, six thousand dollars; Eighth Judicial District, thirty-six hundred dollars; Ninth Judicial District, five thousand dollars. *** SEND *** *** SSTART 017.0 017.0 0 NV 1864 *** SEC. 17. The salary of any Judge in said Judicial Districts may, by law, be altered or changed, subject to the provisions contained in this Constitution. *** SEND *** *** SSTART 018.0 017.0 0 NV 1864 *** SEC. 18. The Governor, Lieutenant-Governor, Secretary of State, State Treasurer, State Controller, Attorney-General, Surveyor-General, Clerk of the Supreme Court, and Superintendent of Public Instruction, to be elected at the first election under this Constitution, shall each qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election, and shall continue in office until the first Tuesday after the first Monday of January, A. D. eighteen hundred and sixty-seven, and until the election and qualification of their successors respectively. *** SEND *** *** SSTART 019.0 017.0 0 NV 1864 *** SEC. 19. The Judges of the Supreme Court and District Judges, to be elected at the first election under this Constitution, shall qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election. *** SEND *** *** SSTART 020.0 017.0 0 NV 1864 *** SEC. 20. All officers of State, and District Judges, first elected tinder this Constitution, shall be commissioned by the Governor of this Territory, which commission shall be countersigned by the Secretary of the same, and shall qualify before entering upon the discharge of their duties, before any officer authorized to administer oaths tinder the laws of this Territory; and also the State Controller and State Treasurer shall each respectively, before they qualify and enter upon the discharge of their duties, execute and deliver to the Secretary of the Territory of Nevada an official bond, made payable to the people of the State of Nevada, in the sum of thirty thousand dollars, to be approved by the Governor of the Territory of Nevada; and shall also execute and deliver, to the Secretary of State such other or further official bond or bonds as may be required by law. *** SEND *** *** SSTART 021.0 017.0 0 NV 1864 *** SEC. 21. Each county, town, city, and incorporated village, shall make provision for the support of its own officers, subject to such regulations as may be prescribed by law. *** SEND *** *** SSTART 022.0 017.0 0 NV 1864 *** SEC. 22. In case the office of any Justice of the Supreme Court, District Judge, or other State officer, shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor, until it shall be supplied at the next general election, when it shall be filled by election for the residue of the unexpired term. *** SEND *** *** SSTART 023.0 017.0 0 NV 1864 *** SEC. 23. All cases, both civil and criminal, which may be pending and undetermined in the Probate Courts of the several counties at the time when, under the provisions of this Constitution, said Probate Courts are to be abolished, shall be transferred to and determined by the District Courts of such counties respectively. *** SEND *** *** SSTART 024.0 017.0 0 NV 1864 *** SEC. 24. For the first three years after the adoption of this Constitution, the Legislature shall not levy a tax for State purposes exceeding one per cent per annum on the taxable property in the State; provided, the Legislature may levy a special tax, not exceeding one-fourth of one per cent per annum, which shall be appropriated for the payment of the indebtedness of the Territory of Nevada assumed by the State of Nevada, and for that purpose only, until all of said indebtedness is paid. *** SEND *** *** SSTART 025.0 017.0 0 NV 1864 *** SEC. 25. The County of Roop shall be attached to the County of Washoe for judicial, legislative, revenue, and county purposes until otherwise provided by law. *** SEND *** *** SSTART 026.0 017.0 0 NV 1864 *** SEC. 26. At the first regular session of the Legislature, to convene under the requirements of this Constitution, provision shall be made by law for paying for the publication of six hundred copies of the debates and proceedings of this Convention in book form, to be disposed of as the Legislature may direct; and the Hon. J. Neely Johnson, President of this Convention, shall contract for, and A. J. Marsh, Official Reporter of this Convention, under the direction of the President, shall supervise the publication of such debates and proceedings. Provision shall be made by law, at such first session of the Legislature, for the compensation of the Official Reporter of this Convention, and he shall be paid in coin or its equivalent. He shall receive, for his services in reporting the debates and proceedings, fifteen dollars per day during the session of the Convention, and seven and one-half dollars additional for each evening session, and thirty cents per folio of one hundred words for preparing the same for publication; and for supervising and indexing such publication the sum of fifteen dollars per day during the time actually engaged in such service. *** SEND *** *** AEND *** *** ASTART 9003.0 NV 1864 *** ELECTION ORDINANCE WHEREAS, The Enabling Act passed by Congress, and approved March twenty-first, A. D. eighteen hundred and sixty-four, requires that the Convention charged with the duty of framing a Constitution for a State Government, "shall provide by ordinance for submitting said Constitution to the people of the Territory of Nevada, for their ratification or rejection," on a certain day prescribed therein; therefore, this Convention, organized in pursuance of said Enabling Act, do establish the following ordinance: *** SSTART 001.0 9003.0 0 NV 1864 *** SECTION 1. The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitution to the people of said Territory, for their approval or rejection, on the day provided for such submission by Act of Congress; and this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof, for their approval or rejection, at the time provided by such Act of Congress; and further, on the first Tuesday after the first Monday of November, A.D. eighteen hundred and sixty-four, there shall be a general election in the several counties of said Territory for the election of State officers, Supreme and District Judges, members of the Legislature, Representative in Congress and three Presidential Electors. *** SEND *** *** SSTART 002.0 9003.0 0 NV 1864 *** SEC. 2. All persons, qualified by the laws of said Territory to vote for Representatives to General Assembly, on the said twenty-first day of March, including those in the army of the United States, both within and beyond the boundaries of said Territory, and also all persons who may, by the aforesaid laws, be qualified to vote on the first Wednesday of September, A. D. eighteen hundred and sixty-four, including those in the aforesaid army of the United States, within and without the boundaries of said Territory, may vote for the adoption or rejection of said Constitution, on the day last above named. In voting upon this Constitution, each elector shall deposit in the ballot box a ticket, whereon shall be clearly written or printed, "Constitution---Yes," or "Constitution---No;" or such other words that shall clearly indicate the intention of the elector. *** SEND *** *** SSTART 003.0 9003.0 0 NV 1864 *** SEC. 3. All persons qualified by the laws of said Territory to vote on the Tuesday after the first Monday of November, A, D. eighteen hundred and sixty-four, including those in the army of the United States, within and beyond the boundaries of said Territory, may vote on the day last above named for State officers, Supreme and District Judges, members of the Legislature, Representative in Congress and three Presidential Electors to the Electoral College. *** SEND *** *** SSTART 004.0 9003.0 0 NV 1864 *** SEC. 4. The elections provided in this ordinance shall be holden at such places as shall be designated by the Boards of Commissioners of the several counties in said Territory. The judges and inspectors of said elections shall be appointed by said Commissioners, and the said elections shall be conducted in conformity with the existing laws of said Territory in relation to holding the general election. *** SEND *** *** SSTART 005.0 9003.0 0 NV 1864 *** SEC. 5. The judges and inspectors of said elections shall carefully count each ballot immediately after said elections, and forthwith make duplicate returns thereof to the clerks of the said County Commissioners of their respective counties; and said clerks, within fifteen days after said elections, shall transmit an abstract of the votes, including the soldiers' vote, as herein provided, given for State officers, Supreme and District Judges, Representative in Congress and three Presidential Electors, enclosed in an envelope, by the most safe and expeditious conveyance, to the Governor of said Territory, marked "Election Returns." *** SEND *** *** SSTART 006.0 9003.0 0 NV 1864 *** SEC. 6. Upon the receipt of said returns, including those of the soldiers' vote, or within twenty days after the election, if said returns be not sooner received, it shall be the duty of the Board of Canvassers, to consist of the Governor, United States District Attorney and Chief Justice of said Territory, or any two of them, to canvass the returns in the presence of all who may wish to be present, and if a majority of all the votes given upon this Constitution shall be in its favor, the said Governor shall immediately publish an abstract of the same, and make proclamation of the fact, in some newspaper in said Territory, and certify the same to the President of the United States, together with a copy of the Constitution and Ordinance. The said Board of Canvassers, after canvassing the votes of the said November elections, shall issue certificates of election to such persons as were elected State officers, Judges of the Supreme and District Courts, Representative in Congress and three Presidential Electors. When the President of the United States shall issue his proclamation declaring this State admitted into the Union on an equal footing with the original States, this Constitution shall thenceforth be ordained and established as the Constitution of the State of Nevada. *** SEND *** *** SSTART 007.0 9003.0 0 NV 1864 *** SEC. 7. For the purpose of taking the vote of the electors of said Territory who may be in the army of the United States, the Adjutant-General of said Territory shall, on or before the fifth day of August next following, make out a list, in alphabetical order, and deliver the same to the Governor, of the names of all the electors, residents of said Territory, who shall be in the army of the United States, stating the number of the regiment, battalion, squadron, or battery to which he belongs, and also the county and township of his residence in said Territory. *** SEND *** *** SSTART 008.0 9003.0 0 NV 1864 *** SEC. 8. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron, and battery from said Territory, in the service of the United States, and shall, on or before the fifteenth day of August following transmit, by mail or otherwise, to the commanding officer of each regiment, battalion, squadron, and battery, a list of electors belonging thereto, which said list shall specify the name, residence, and rank of each elector, and the company to which he belongs, if to any, and also the county and township to which he belongs, and in which he is entitled to vote. *** SEND *** *** SSTART 009.0 9003.0 0 NV 1864 *** SEC. 9. Between the hours of nine o'clock A.M. and three o'clock P.M., on each of the election days hereinbefore named, a ballot box, or suitable receptacle for votes, shall be opened, under the immediate charge and direction of three of the highest officers in command, for the reception of votes from the electors whose names are upon said list, at each place where a regiment, battalion, squadron, or battery of soldiers from said Territory, in the army of the United States, may be on that day; at which time and place said elector shall be entitled to vote for all officers for which, by reason of their residence in the several counties in said Territory, they are authorized to vote, as fully as they would be entitled to vote in the several counties or townships in which they reside, and the votes so given by such electors, at such time and place, shall be considered, taken and held to have been given by them in the respective counties and townships in which they are resident. *** SEND *** *** SSTART 010.0 9003.0 0 NV 1864 *** SEC. 10. Each ballot deposited for the adoption or rejection of this Constitution, in the army of the United States, shall have distinctly written or printed therein " Constitution---Yes," or "Constitution---No," or words of a similar import; and, further, for the election of State officers, Supreme and District Judges, members of the Legislature, Representative in Congress, and three Presidential Electors, the name and office of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector voting, as aforesaid, shall be checked upon the said list, at the time of voting, by one of the said officers having charge of the ballot box. The said officers having charge of the election shall count the votes and compare them with the checked lists immediately after the closing of the ballot box. *** SEND *** *** SSTART 011.0 9003.0 0 NV 1864 *** SEC. 11. All the ballots cast, together with the said voting list checked as aforesaid, shall be immediately sealed up and sent forthwith to the Governor of said Territory, at Carson City, by mail or otherwise, by the commanding officer, who shall make out and certify duplicate returns of votes given, according to the forms hereinafter proscribed, seal up and immediately transmit the same to the said Governor, at Carson City, by mail or otherwise, the day following the transmission of the ballots and the voting list herein named. The said commanding officer shall also immediately transmit to the several County Clerks in said Territory, an abstract of the votes given at the general election in November, for county officers, marked "Election Returns." *** SEND *** *** SSTART 012.0 9003.0 0 NV 1864 *** SEC. 12. The forms of returns of votes to be made by the commanding officer to the Governor and County Clerks of said Territory shall be in substance as follows, viz: Returns of soldiers' votes in the (here insert the regiment, detachment, battalion, squadron or battery.) (For first election On the Constitution:) I, ---------, hereby certify that on the first Wednesday of September, A. D. eighteen hundred and sixty-four, the electors belonging to the (here insert the name of the regiment, detachment, battalion, squadron, or battery) cast the following number of votes for and against the Constitution for the State of Nevada, viz: For Constitution (number of votes written in full and in figures). Against Constitution (number of votes written in full and in figures). (Second election for State and other officers:) I, ----------, hereby certify, that on the first Tuesday after the first Monday in November, A. D. eighteen hundred and sixty-four, the electors belonging to the (here insert as above) cast the following number of votes for the several officers and persons hereinafter named, viz: For Governor (names of persons voted for, number of votes for each person voted for, written in full, and also in figures, against the name of each person). For Lieutenant-Governor (names of candidates, number of votes cast for each written out and in figures as above.) Continue as above till the list is completed. Attest: I. A. B. Commanding officer of the (here insert regiment, detachment, battalion, squadron, or battery, as the case may be). *** SEND *** *** SSTART 013.0 9003.0 0 NV 1864 *** SEC. 13. The Governor of this Territory is requested to furnish each commanding officer, within and beyond the boundaries of said Territory, proper and sufficient blanks for said returns. *** SEND *** *** SSTART 014.0 9003.0 0 NV 1864 *** SEC. 14. The provisions of this Ordinance in regard to the soldiers' vote shall apply to future elections under this Constitution, and be in full force until the Legislature shall provide by law for taking the votes of citizens of said Territory in the army of the United States. *** SEND *** *** AEND *** *** ASTART 9016.0 NV 1864 *** Done in convention, at Carson City, the twenty-eighth day of July, in the year of our Lord one thousand eight hundred and sixty-four, and of the Independence of the United States the eighty-ninth, and signed by the delegates. J. Neely Johnson, President of the Convention and Delegate from Ormsby County. Wm. M. Gillespie, Secretary. *** AEND *** *** CEND ***