Term of office. Senators and Assemblymen to be qualified electors. Right to judge of qualification. and expel. for con districts, and their term of office shall be four years from the day next after their election. 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. 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. May punish SEC. 7. Either House, during the session, may punish, by imprisMay punish onment, 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. tempt, etc. Not eligible to appoint ment to civil office. Who not eligible to office. When disqualified. Members exempt SEC. 8. No Senator or Member of Assemby 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. 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. 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 as practicable, provide by law for the punishment of such defalcation, bribery or embezzlement as a felony. SEC. 11. Members of the Legislature shall be privileged from from arrest. arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session. Vacancies, how filled. Quorum. Journal required. Doors may be closed. SEC. 12. When vacancies occur in either House, the Governor shall issue writs of election to fill such vacancy. 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. 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. 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 three days, nor to any other place than that in which they may be holding their sessions. SEC. 16. Any bill may originate in either House of the Legisla- Where bills ture, and all bills passed by one may be amended in the other. may originate. SEC. 17. Each law enacted by the Legislature shall embrace but Laws, what one subject and matter properly connected therewith, which subject to embrace. 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 reënacted and published at length. SEC. 18. Every bill shall be read by sections on three several days Bills, how in each House, unless in case of emergency two-thirds of the House read. 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, How to be entered on the journals of each House; and a majority of all the passed. 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 How signed by the presiding officers of the respective Houses, and by the signed. Secretary of the Senate and Clerk of the Assembly. SEC. 19. No money shall be drawn from the Treasury but in con- Money, how to be drawn. sequence 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 Legisla ture. SEC. 20. The Legislature shall not pass local or special laws in any Legislation of the following enumerated cases, that is to say: Regulating the jurisdiction and duties of 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: Changing the names of persons: Vacating roads, town plots, streets, alleys and public squares: Summoning and impanneling 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 or township officers, and designating the places of voting: Providing for the sale of real estate belonging to miners or other persons laboring under legal disabilities. restricted. SEC. 21. In all cases enumerated in the preceding section, and in Laws to be all other cases where a general law can be made applicable, all laws general. shall be general and of uniform operation throughout the State. against SEC. 22. Provision may be made by general law for bringing suit Suits against the State, as to all liabilities originating after the adoption of the State. this Constitution. SEC. 23. The enacting clause of every law shall be as follows: Enacting "The People of the State of Nevada, represented in Senate and clause. Assembly, do enact as follows," and no law shall be enacted except by bill. Lotteries SEC. 24. No lottery shall be authorized by this State, nor shall the prohibited. sale of lottery tickets be allowed. County and township govern ment. County Commissioners. Jury service. Elections. When money to be drawn. Time of session. Homesteads exempt from SEC. 25. The Legislature shall establish a system of county and township government, which shall be uniform throughout the State. SEC. 26. The Legislature shall provide by law for the election of a Board of County Commissioners in each county, and such County Commissioners shall, jointly and individually, perform such duties as may be prescribed by law. SEC. 27. Laws shall be made to exclude from serving on juries, all persons not qualified electors of this State, and all persons who shall have been convicted of bribery, perjury, forgery, larceny, or other high crimes, unless restored to civil rights; and laws shall be passed regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult or other improper prac tice. SEC. 28. No money shall be drawn from the State Treasury as salary or compensation to any officer or employé of the Legislature, or either branch thereof, except in cases where such salary or compensation has been fixed by a law in force prior to the election or appointment of such officer or employé, and the salary or compensation so fixed shall neither be increased nor diminished so as to apply to any officer or employé of the Legislature, or either branch thereof, at such session; provided, that this restriction shall not apply to the first session of the Legislature. SEC. 29. The first regular session of the Legislature, under this Constitution, may extend to ninety days, but no subsequent regular session shall exceed sixty days, nor any special session, convened by the Governor, exceed twenty days. SEC. 30. A homestead, as provided by law, shall be exempt from forced sale under any process of law, and shall not be alienated withforced sale. out 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. Wife to hold property. Registration. Officers, be made for SEC. 31. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterward by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife in relation, as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. SEC. 32. The Legislature shall provide for the election, by the peoprovision to ple, of a Clerk of the Supreme Court, County Clerks, County Recordelection of. ers, 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. Compensation. 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. States elected. SEC. 34. In all elections for United States Senators, such elections United shall be held in joint convention of both Houses of the Legislature. Senators, It shall be the duty of the Legislature which convenes next preceding how 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 Legisla ture, 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. to become a SEC. 35. Every bill which may have passed the Legislature shall, Bill, when before it becomes a law, be presented to the Governor. If he approve law. it, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which House shall cause such objections to be entered upon its journal, and proceed to reconsider it. If, after such reconsideration, it again pass both Houses by yeas and nays, by a vote of two-thirds of the members elected to each House, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within five days after it shall have been presented to him (Sunday excepted) exclusive of the day on which he received it, the same shall be a law in like manner as if he had signed it, unless the Legislature, by its final adjournment, prevent such return, in which case it shall be a law, unless the Governor, within ten days next after the adjournment (Sundays excepted), shall file such bill, with his objections thereto, in the office of the Secretary of State, who shall lay the same before the Legislature at its next session, in like manner as if it had been returned by the Governor, and if the same shall receive the vote of two-thirds of the members elected to each branch of the Legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each House, it shall become a law. ARTICLE V. EXECUTIVE DEPARTMENT. SECTION 1. The Supreme executive power of this State shall be supreme vested in a Chief Magistrate, who shall be Governor of the State of power, in Nevada. SEC. 2. The Governor shall be elected by the qualified electors at whom vested. How elected, and term of office. Who eligible. Returns of election, how made. Who elected. Commander-in-Chief. Duties of Vacancies in office, how filled. May con lature. 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. 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 the Constitution, shall not have been a citizen resident of this State for two years next preceding the election. SEC. 4. The returns of every election for Governor, and other State officers voted for at the general election, shall be sealed up and transmitted to the seat of government, directed to the Secretary of State; and on the third Monday of December succeeding such election, the Chief Justice of the Supreme Court, and the Associate Justices, or a majority thereof, shall meet at the office of the Secretary of State, and open and canvass the election returns for Governor and all other State officers, and forthwith declare the result and publish the names of the persons elected. The persons having the highest number of votes for the respective offices shall be declared elected; but in case any two or more have an equal and the highest number of votes for the same office, the Legislature shall, by joint vote of both Houses, elect one of said persons to fill said office. SEC. 5. The Governor shall be Commander-in-Chief of the military forces of this State, except when they shall be called into the service of the United States. SEC. 6. He shall transact all executive business with the officers of the Government, civil and military, and may require information in writing from the officers of the Executive Department upon any subject relating to the duties of their respective offices. SEC. 7. He shall see that the laws are faithfully executed. 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. SEC. 9. The Governor may, on extraordinary occasions, convene Yene Legis- the Legislature by proclamation, and shall state to both Houses, when organized, the purpose for which they have been convened; and the Legislature shall transact no legislative business except that for which they were specially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session. Communi cations, SEC. 10. He shall communicate, by message, to the Legislature, at how made. every regular session, the condition of the State, and recommend such measures as he may deem expedient. Power to adjourn. Who not eligible to office of 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 Legisla ture. SEC. 12. No person shall, while holding any office under the United States Government, hold the office of Governor, except as herein exGovernor. pressly provided. Powers of 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, |