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 should fail or refuse to make a final disposition of the 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.

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

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

commis

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

If

State, etc.

SEC. 17. A Lieutenant-Governor shall be elected at the same time Lieutenantand places, and in the same manner as the Governor, and his term of Governor office, and his eligibility, shall also be the same. He shall be Presi- elected. dent of the Senate, but shall only have a casting vote therein. 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.

ernor shall

Lieutenant.

SEC. 18. In case of the impeachment of the Governor, or his re- When dumoval from office, death, inability to discharge the duties of the said ties of Govoffice, resignation, or absence from the State, the powers and duties of devolve on 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. SEC. 19. A Secretary of State, a Treasurer, a Controller, a Sur- Secretary of veyor-General, and an Attorney-General shall be elected at the same troller, time and places, and in the same manner, as the Governor. The term Treasurer, of office of each shall be the same as is prescribed for the Governor. ney-GenerAny elector shall be eligible to either of said offices.

State, Con

and Attor

al, who eligible. Duties of

of State.

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

missioners.

SEC. 21. The Governor, Secretary of State, and Attorney-General Prison comshall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State

Board of
Examiners.

Duties.

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."

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.

ARTICLE VI.

JUDICIAL DEPARTMENT.

Courts.

Supreme
Court.

Quorum.

How and when elected, and term of office.

Chief
Justice.

Jurisdiction.

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

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

SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the State at the general election, and shall hold office for the term of six years from and including the first Monday of January next succeeding their election; provided, that there shall be elected, at the first election under this Constitution, three Justices of the Supreme Court, who shall hold office from and including the first Monday of December, A.D. eighteen hundred and sixty-four, and continue in office thereafter two, four, and six years, respectively, from and including the first Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting shall determine by lot, the term of office each shall fill, and the Justice drawing the shortest term shall be Chief Justice, and after the expiration of his term, the one having the next shortest term shall be Chief Justice, after which the senior Justice in commission shall be Chief Justice. And in case the commission of any two or more of said Justices shall bear the same date, they shall determine by lot who shall be Chief Justice.

SEC. 4. The Supreme Court shall have appellate jurisdiction in all cases in equity; also, 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 subdivision of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to a 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.

districts.

altered.

Judges.

SEC. 5. The State is hereby divided into nine Judicial Districts, of Judicial 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 be 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 such change shall take effect, except in case of a vacancy, or the expiration of the term of an incumbent of the office. At the first general election, under this Constitution, there shall be elected in each Election of of the respective districts (except as in this section hereafter otherwise District 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 sixtyseven; after the said first election, there shall be elected at the general election which immediately precedes the expiration of the term of his One Judge predecessor, one District Judge in each of the respective Judicial Dis- for each tricts (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 of January next succeeding their election and qualification; provided, that the first Judicial District shall be entitled to, and shall Proviso. have, three District Judges, who shall possess coëxtensive 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 impanneling of grand juries, and the presentment and trial on indictments, under such rules and regulations as may be prescribed by law.

District.

Jurisdic

powers.

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 tion and cases at law which involve the title or the right of possession to, or the possession of, real property or mining claims, or the legality of any tax, impost, assessment, toll or municipal fine, and in all other cases in which the demand (exclusive of interest), or the value of the 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 aud 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,

When and where

held.

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.

SEC. 7. The times of holding the Supreme Courts, and District Courts to be 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 hereafter be divided into two or more districts, the Legislature may, by law, designate the places of holding Courts in such districts.

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

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 one 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.

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.

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.

SEC. 12. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.

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.

SEC. 14. There shall be but one form of civil action, and law and equity may be administered in the same action.

SEC. 15. The Justices of the Supreme Court and District Judges Salaries. 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 set- How paid. ting 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.

SEC. 16. The Legislature, at its first session, and from time to Court fee, time thereafter, shall provide, by law, that upon the institution of each or tax. 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.

SEC. 17. The Legislature shall have no power to grant leave of Office, when absence to a judicial officer, and any such officer who shall absent him- vacated. self from the State for more than ninety consecutive days, shall be deemed to have vacated his office.

perseded.

SEC. 18. No judicial officer shall be superseded, nor shall the or- When suganization 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.

ARTICLE VII.

IMPEACHMENT AND REMOVAL FROM OFFICE.

SECTION 1. The Assembly shall have the sole power of impeach- Impeaching. The concurrence of a majority of all the members elected shall ment. be necessary to an impeachment. All impeachments shall be tried by How tried. 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 Chief Juswhile sitting to try the Governor or Lieutenant Governor upon im- preside. peachment. No person shall be convicted without the concurrence of Conviction. two-thirds of the Senators elected.

tice to

ment.

SEC. 2. The Governor and other State and judicial officers, except who liable Justices of the Peace, shall be liable to impeachment for misdemeanor to impeachor 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.

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