Lotteries prohibited. County and township government. County Commissioners. Jury service. SEC. 24. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. SEC. 25. The Legislature shall establish a system of county and township government, which shall be uniform throughout the State. SEC. 26. The Legislature shall provide by law for the election of a Board of County Commissioners in each county, and such County Commissioners shall, jointly and individually, perform such duties as may be prescribed by law. SEC. 27. Laws shall be made to exclude from serving on juries, all persons not qualified electors of this State, and all persons who shall have been convicted of bribery, perjury, forgery, larceny, or other high crimes, unless restored to civil rights; and laws shall be passed reguElections. lating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult or other improper practice. When drawn. SEC. 28. No money shall be drawn from the State Treasury as money to be 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. Time of session. Homesteads ex 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 empt 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, provision to 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 be made for people, of a Clerk of the Supreme Court, County Clerks, County Reelection of. corders, 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 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 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. 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, the time and places of voting for members of the Legislature, and shall and term of hold his office for four years from the time of his installation, and until his successor shall be qualified. office. Who eligible. Returns of election, how made. Who elected. Commander-in-chief. Duties of 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 Governor. 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. Vacancies in office, how filled. May con lature. 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 vene 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. Communications. how made. Power to adjourn. Who not SEC. 10. He shall communicate, by message, to the Legislature, at every regular session, the condition of the State, and recommend such measures as he may deem expedient. SEC. 11. In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next Legislature. SEC. 12. No person shall, while holding any office under the eligible to United States Government, hold the office of Governor, except as Governor. herein expressly provided. office of Powers of SEC. 13. The Governor shall have the power to suspend the colGovernor. lection 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 should 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. remit fines SEC. 14. The Governor, Justices of the Supreme Court, and At- Who may torney-General, or a major part of them, of whom the Governor shall and grant be one, may, upon such conditions and with such limitations and re- pardons. strictions as they may think proper, remit fines and forfeitures, commute punishments, and grant pardons, after convictions, in all cases, except treason and impeachments, subject to such regulations as may be provided by law relative to the manner of applying for pardons. SEC. 15. There shall be a seal of this State, which shall be kept by State Seal. 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. State, etc. how to be SEC. 17. A Lieutenant-Governor shall be elected at the same time Lieutenant and 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. 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. ties of Gov 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 ernor shall office, 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. Treasurer, Secretary of SEC. 19. A Secretary of State, a Treasurer, a Controller, a Sur-State, Conveyor-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 and Attor of office of each shall be the same as is prescribed for the Governor. al, who Any elector shall be eligible to either of said offices. ney-Gener eligible. of State. SEC. 20. The Secretary of State shall keep a true record of the Duties of 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-Gene- Prison comral shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connected with the Board of State Prison as may be provided by law. They shall also constitute a Examiners. Board of Examiners, with power to examine all claims against the Duties. 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. Courts. Supreme Quorum. How and when elected, and term of office. Chief Jurisdic tion. JUDICIAI. DEPARTMENT. SECTION 1. The Judicial power of this State shall be vested in a Supreme Court, District Courts, and in Justices of the Peace. The Legislature may also establish Courts for municipal purposes only, in incorporated cities and towns. SEC. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, a majority of whom shall constitute a quorum; provided, that the Legislature, by a majority of all the members elected to each branch thereof, may provide for the election of two additional Associate Justices, and if so increased, three shall constitute a quorum. The concurrence of a majority of the whole Court shall be necessary to render a decision. SEC. 3. The Justices of the Supreme Court shall be elected by the qualified electors of the 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 sub-division of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to felony. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo |