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. Election of 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 altered. 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 of the respective districts, (except as in this section hereafter otherwise provided) one District Judge, who shall hold office from and including the Judges. 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 Proviso. the first Judicial District shall be entitled to, and shall have, three District Judges, who shall possess co-extensive 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. SEC. 6. The District Courts in the several Judicial Districts of this Jurisdic tion and State shall have original jurisdiction in all cases in equity; also, in all powers. 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 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, 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 be hereafter divided into two or more districts, the Legislature may, by law, designate the places of holding Courts in such districts. Justices of the Peace. Jurisdiction restricted. ; 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 tion. be prescribed by law; and the Legislature may confer upon said Concurrent Courts jurisdiction, concurrent with the District Courts, of actions to Criminal jurisdic jurisdiction. Appeals. Courts of Municipal Not to receive fees, etc. Ineligible to other office. Charge to Style of process. Form of 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 civil action. 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 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. How paid. 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. vacated. 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 himself from the State for more than ninety consecutive days, shall be deemed to have vacated his office. 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. When su perseded. ARTICLE VII. IMPEACHMENT AND REMOVAL FROM OFFICE. ment. SECTION 1. The Assembly shall have the sole power of impeach- Impeaching. The concurrence of a majority of all the members elected shall 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-side. peachment. No person shall be convicted without the concurrence of Conviction. two-thirds of the Senators elected. tice to pre SEC. 2. The Governor and other State and judicial officers, except Who liable to impeachJustices of the Peace, shall be liable to impeachment for misdemeanor ment. 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. 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 Justices of vote of two-thirds of the members elected to each branch of the LegisSupreme Court and lature, and the Justice or Judge complained of shall be served with a District copy of the complaint against him, and shall have an opportunity of Judges may be removed. 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. Removal SEC. 4. Provision shall be made by law for the removal from office from office of any civil officer, other than those in this article previously specified, for malfeasance or nonfeasance in the performance of his duties. of civil officer. ARTICLE VIII. No special MUNICIPAL AND OTHER CORPORATIONS. SECTION 1. The Legislature shall pass no special Act in any manlegislation. ner 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. Taxation, SEC. 2. All real property and possessory rights to the same, as what sub- well as personal property in this State, belonging to corporations now ject to. 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. Dues may be secured. Corporations may sue. Bank notes 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. 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. SEC. 5. Corporations may sue and be sued in all Courts in like manner as individuals. SEC. 6. No bank notes, or paper of any kind, shall ever be perprohibited. mitted to circulate as money in this State, except the Federal currency and the notes of banks authorized under the laws of Congress. Right of way. SEC. 7. No right of way shall be appropriated to the use of any corporation until full compensation be first made or secured therefor. SEC. 8. The Legislature shall provide for the organization of cities tion of cities and towns by general laws, and restrict their powers of taxation, assessand towns. ment, borrowing money, contracting debts, and loaning their credit, except for procuring supplies of water. Organiza SEC. 9. The State shall not donate or loan money or its credit, State not to subscribe to, or be interested in the stock of any company, association, or corporation, except corporations formed for educational or charitable purposes. donate or loan. County, etc., not to become stockholder 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. ARTICLE IX. FINANCE AND STATE DEBT. SECTION 1. The fiscal year shall commence on the first day of Fiscal year. January in each year. SEC. 2. The Legislature shall provide by law for an annual tax, Legislature sufficient to defray the estimated expenses of the State for each fiscal to provide for levying year; and whenever the expenses of any year shall exceed the income, an annual 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 years [year] or two years. tax. contract of debt. Annual tax. SEC. 3. For the purpose of enabling the State to transact its busi- State may ness upon a cash basis from its organization, the State may contract debts. public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of three hundred thousand dollars, except Restriction 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 specially appropriate the proceeds of said taxes Proceeds, how apto the payment of said principal and interest; and such appropriation propriated. 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 tract void. 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. When con SEC. 4. The State shall never assume the debts of any county, State not to town, city, or other corporation whatever, unless such debts have been assume increated to repel invasion, suppress insurrection, or to provide for the public defense. debtedness. ARTICLE X. TAXATION. SECTION 1. The Legislature shall provide by law for a uniform Taxation to and equal rate of assessment and taxation, and shall prescribe such be equal. 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. |