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Terms of

Courts determined.

Salaries of
District
Judges.

Salary of
District
Judge may
be changed.

State
officers,
when to

qualify.

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.

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.

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.

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 Expiration 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.

of term.

Judges,

when to qualify.

Officers to be commissioned by the Governor.

Controller and Treas

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.

SEC. 20. All officers of State, and District Judges, first elected under 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 under the laws of this Territory; and also the State Controller and State Treasurer shall each respectively, before they qualify and enter upon the disurer to exe- charge 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.

cute bond.

Support of

county. town, city, and village

officers.

Vacancy in office of

Justice of

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.

SEC. 22. In case the office of any Justice of the Supreme Court, District Judge, or other State officer shall become vacant before the

Court, Dis

expiration of the regular term for which he was elected, the vacancy Supreme may be filled by appointment by the Governor until it shall be supplied trict Judge, at the next general election, when it shall be filled by election for the or other residue of the unexpired term.

State offi

cer, how filled.

Probate

SEC. 23. All cases, both civil and criminal, which may be pending and undetermined in the Probate Courts of the several counties at the Cases in time when, under the provisions of this Constitution, said Probate Courts to be Courts are to be abolished, shall be transferred to and determined by to District the District Courts of such counties respectively.

transferred

Courts.

restricted.

SEC. 24. For the first three years after the adoption of this Consti- Taxation tution 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 to 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.

SEC. 25. The County of Roop shall be attached to the County of Roop and Washoe for judicial, legislative, revenue and county purposes, until Washoe otherwise provided by law.

counties.

SEC. 26. At the first regular session of the Legislature, to convene Provision under the requirements of this Constitution, provision shall be made tion of defor publicaby law for paying for the publication of six hundred copies of the de- bates, etc. bates 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, Payment of 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 Compensahundred 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.

official

reporter.

tion.

ELECTION ORDINANCE.

ordinance.

WHEREAS, the Enabling Act passed by Congress, and approved Election 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

SECTION 1.

ORDINANCE:

The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitu

Governor
to issue
proclama-
tion for sub-

mission of
Constitu-
tion.

Qualified voters.

What officers may be voted for.

How election to be

tion 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.

SEC. 2. All persons, qualified by the laws of said Territory to vote for Representatives to the 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 as shall clearly indicate the intention of the elector.

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.

SEC. 4. The elections provided in this ordinance shall be holden at conducted. 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.

Returns,

how made.

Board of

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, inclosed in an envelope, by the most safe and expeditious conveyance, to the Governor of said Territory, marked, "Election Returns."

SEC. 6. Upon the receipt of said returns, including those of the Canvassers. 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 presence of all who may wish to be present; and if a majority of all abstract of the votes given upon this Constitution shall be in its favor, the said

Governor to publish

votes, and issue proc

lamation.

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 tion estabequal footing with the original States, this Constitution shall thenceforth lished. be ordained and established as the Constitution of the State of Nevada.

Constitu

soldiers,

SEC. 7. For the purpose of taking the vote of the electors of said Votes of Territory who may be in the army of the United States, the Adjutant- how taken. 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 or township of his residence in said Territory.

return lists.

SEC. 8. The Governor shall classify and arrange the aforesaid Governor returned list, and shall make therefrom separate lists of the electors to classify 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.

direction.

SEC. 9. Between the hours of nine o'clock A. M. and three o'clock Time of holding P. M., on each of the election days herein before named, a ballot-box, or election. suitable receptacle for votes, shall be opened, under the immediate charge and direction of three of the highest officers in command, for Under the reception of votes from the electors whose names are upon said whose 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 electors 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.

to contain.

SEC. 10. Each ballot deposited for the adoption or rejection of this Ballot, what Constitution, in the army of the United States, shall have distinctly written or printed thereon "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 Officers' charge of the election shall count the votes and compare them with the checked list immediately after the closing of the ballot box.

SEC. 11. All the ballots cast, together with the said voting list

duty.

when and

made.

Returns, checked as aforesaid, shall be immediately sealed up and sent forthwith where to be 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 prescribed, 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 officers 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."

Form of

returns.

Blank returns to be furnished.

Provisions

to apply to future elections.

SEC. 12. The form 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.)

I,

(Second election-for State and other officers :)

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.

Commmanding officer of the (here insert regiment, detachment, battalion, squadron, or battery, as the case may be.)"

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.

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.

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