Изображения страниц



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 s 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 qualife, electors of the state at the general election, and shall hold office for a ter of six years from and including the first Monday of January next succeed ing 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 hus dred 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 an qualification, and at their first meeting shall determine, by lot, the term office each shall fill, and the justice drawing the shortest term shall be ch justice, and after the expiration of his term, the one having the next shorte term shall be chief justice, after which the senior justice in commission be chief justice, and in case the commission of any two or more of said tices shall bear the same date, they shall determine by lot who shall be justice.

SEC. 4. The supreme court shall have appellate jurisdiction in all d in equity; also, in all cases at law in which is involved the title or right possession to, or the possession of, real estate or mining claims, or the legal of any tax, impost, assessment, toll or municipal fine, or in which the dem (exclusive of interest) or the value of the property in controversy exce three hundred dollars; also, in all other civil cases not included in the genet subdivisions of law and equity, and also on questions of law alone in all cri inal cases in which the offense charged amounts to felony. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warran and habeas corpus, and also all writs necessary or proper to the complete cise of its appellate jurisdiction. Each of the justices shall have power to iss writs of habeas corpus to any part of the state upon petition by, or on beh of, any person held in actual custody, and may make such writs returna before himself or the supreme court, or before any district court in the stá or before any judge of said courts.

SEC. 5. The state is hereby divided into nine judicial districts, of wh the county of Storey shall constitute the first; the county of Ormsby the sec the county of Lyon the third; the county of Washoe the fourth; the count of Nye and Churchill the fifth; the county of Humboldt the sixth; the co of Lander the seventh; the county of Douglas the eighth, and the county Esmeralda the ninth. The county of Roop shall be attached to the county Washoe for judicial purposes, until otherwise provided by law. The legislat may, however, provide by law for an alteration in the boundaries or divis of the districts herein prescribed, and also for increasing or diminishing number of the judicial districts and judges therein. But no such cha shall take effect, except in case of a vacancy, or the expiration of the te of an incumbent of the office. At the first general election under this stitution, there shall be elected in each of the respective districts (exe as in this section hereafter otherwise provided) one district judge, who hold office from and including the first Monday of December, A. D. eighte hundred and sixty-four, and until the first Monday of January, in the eighteen hundred and sixty-seven. After the first said election, there be elected at the general election which immediately precedes the expirat

the term of his predecessor, one district judge in each of the respective dicial districts (except in the first district, as in this section hereinafter wided). The district judges shall be elected by the qualified electors their respective districts, and shall hold office for the term of four years cepting those elected at said first election) from and including the first nday of January next succeeding their election and qualification; proed, that the first judicial district shall be entitled to, and shall have three trict judges, who shall possess coextensive and concurrent jurisdiction, and shall be elected at the same times, in the same manner, and shall hold e for the like terms as herein prescribed in relation to the judges in other icial districts. Any one of said judges may preside on the empaneling grand juries, and the presentment and trial on indictments, under such rules I regulations as may be prescribed by law.

SEC. 6. The district courts in the several judicial districts of this state I have original jurisdiction in all cases in equity; also, in all cases at which involve the title or the right of possession to, or the possession of, I property or mining claims, or the legality of any tax, impost, assessment, or municipal fine, and in all other cases in which the demand (exclusive nterest) or the value of the property in controversy exceeds three hundred ars; also, in all cases relating to the estates of deceased persons, and the ons and estates of minors and insane persons; and of the action of forcible y and unlawful detainer; and also in all criminal cases not otherwise ided for by law; they shall also have final appellate jurisdiction in cases ing in justices courts and such other inferior tribunals as may be established aw. The district courts and the judges thereof shall have power to issue s of mandamus, injunction, quo warranto, certiorari, and all other writs jer and necessary to the complete exercise of their jurisdiction; and also I have power to issue writs of habeas corpus on petition by, or in behalf ny person held in actual custody in their respective districts.

SEC. 7. The times of holding the supreme court and district courts shall ixed by law. The terms of the supreme court shall be held at the seat overnment; and the terms of the district courts shall be held at the countys of their respective counties; provided, that in case any county shall be after divided into two or more districts, the legislature may by law desigthe places of holding courts in any such districts.

SEC. 8. The legislature shall determine the number of justices of the peace e elected in each city and township of the state, and shall fix, by law, their ers, duties and responsibilities; provided, that such justices courts shall have jurisdiction of the following cases, viz: First-Of cases in which the ter in dispute is a money demand or personal property, and the amount the demand (exclusive of interest) or the value of the property exceeds e hundred dollars. Second-Of cases wherein the title to real estate or ing claims, or questions of boundaries to land, is or may be involved; or cases that in any manner shall conflict with the jurisdiction of the several rts of record in this state; and provided further, that justices courts shall e such criminal jurisdiction as may be prescribed by law; and the legislae may confer upon said courts jurisdiction concurrent with the district rts, of actions to enforce mechanics' liens wherein the amount (exclusive of erest) does not exceed three hundred dollars; and also of actions for the session of lands and tenements, where the relation of landlord and tenant sts, or when such possession has been unlawfully or fraudulently obtained withheld. The legislature shall also prescribe by law the manner and ermine the cases in which appeals may be taken from justices and other irts. The supreme court, the district court, and such other courts as the islature shall designate, shall be courts of record.

SEC. 9. Provision shall be made by law prescribing the powers, duties and sponsibilities of any municipal court that may be established in pursuance section one of this article: and also fixing by law the jurisdiction of said art, 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 shal 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 suck 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," ami all prosecutions shall be conducted in the name and by the authority of the


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 shall each receive quarterly for their services a compensation to be fixed by law, ani 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 judge shall be paid out of the county treasuries of the counties composing their respec tive districts.

SEC. 16. The legislature at its first session, and from time, to time the after, shall provide by law that upon the institution of each civil action and other proceedings, and also upon the perfecting of an appeal in any civil tion or proceeding in the several courts of record in this state, a special coun 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; ab the money so paid in shall be accounted for by such clerks, and applied toward the payment of the compensation of the judges of said courts, as shall directed by law.

SEC. 17. The legislature shall have no power to grant leave of absence a judicial officer, and any such officer who shall absent himself from the staf for more than ninety consecutive days shall be deemed to have vacated h office.

SEC. 18. No judicial officer shall be superseded, nor shall the organizatio of the several courts of the Territory of Nevada be changed until the ele tion and qualification of the several officers provided for in this article.



SECTION 1. The assembly shall have the sole power of impeaching. Th concurrence of a majority of all the members elected shall be necessary an impeachment. All impeachments shall be tried by the senate, and, whe sitting for that purpose, the senators shall be upon oath or affirmation to justice according to law and evidence. The chief justice of the supreme co shall preside over the senate while sitting to try the governor or lieutenan governor upon impeachment. No person shall be convicted without the com currence of two-thirds of the senators elected.

SEC. 2. The governor and the other state and judicial officers, exer justices of the peace, shall be liable to impeachment for misdemeanor or d feasance in office; but judgment in such case shall not extend further tha removal from office, and disqualification to hold any office of honor, prof or trust. under this state. The party, whether convicted or acquitted, sad nevertheless be liable to indictment, trial, judgment, and punishment ac ing to law.

SEC. 3. For any reasonable cause, to be entered on the journals of es

use, which may or may not be sufficient grounds for impeachment, the chief stice and associate justices of the supreme court and judges of the district arts shall be removed from office on the vote of two-thirds of the members cted to each branch of the legislature, and the justices or judge complained shall be served with a copy of the complaint against him, and shall have opportunity of being heard in person, or by counsel, in his defense; proled, that no member of either branch of the legislature shall be eligible to the vacancy occasioned by such removal.

SEC. 4. Provision shall be made by law for the removal from office of any il officer other than those in this article previously specified, for malfeasance nonfeasance in the performance of his duties.



SECTION 1. The legislature shall pass no special act in any matter relating corporate powers except for municipal purposes; but corporations may be med under general laws, and all such laws may, from time to time, be ered or repealed.

SEC. 2. All real property and possessory rights to the same, as well as rsonal property in this state, belonging to corporations now existing or hereer created, shall be subject to taxation the same as property of individuals; wided, that the property of corporations formed for municipal, charitable, igious, or educational purposes may be exempted by law.

SEC. 3. Dues from corporations shall be secured by such means as may prescribed by law; provided, that corporators in corporations formed under laws of this state shall not be individually liable for the debts or liabilities such corporation.

SEC. 4. Corporations created by or under the laws of the Territory of rada shall be subject to the provisions of such laws until the legislature dll pass laws regulating the same, in pursuance of the provisions of this Istitution.

SEC. 5. Corporations may sue and be sued in all courts, in like manner individuals.

SEC. 6. No bank-notes or paper of any kind shall ever be permitted to culate as money in this state, except the federal currency and the notes banks authorized under the laws of Congress.

SEC. 7. No right of way shall be appropriated to the use of any corporauntil full compensation be first made or secured therefor.


The legislature shall provide for the organization of cities and wns by general laws, and restrict their power of taxation, assessment, borwing money, contracting debts, and loaning their credit, except for procurg supplies of water.

SEC. 9. The state shall not donate or loan money or its credit, subscribe or be interested in the stock of any company, association, or corporation, rept corporations formed for educational or charitable purposes.

SEC. 10. No county, city, town, or other municipal corporation shall beme a stockholder in any joint-stock company, corporation, or association hatever, or loan its credit in aid of any such company, corporation, or assoation, except railroad corporations, companies, or associations.



The fiscal year shall commence on the first day of January of

SECTION 1. ach year.

SEC. 2. The legislature shall provide by law for an annual tax sufficient defray the estimated expenses of the state for each fiscal year; and whenver the expenses of any year shall exceed the income, the legislature shall rovide for levying a tax sufficient, with other sources of income, to pay the eficiency, as well as the estimated expenses of such ensuing year or two years.


SEC. 3. The state may contract public debts; but such debts shall never. in the aggregate, exclusive of interest, exceed the sum of one per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except 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 pas sage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed, nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebted ness entered into or assumed by or in behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrec tion, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.9

SEC. 4. The state shall never assume the debts of any county, town, city, or other corporation whatever, unless such debts have been created to repel invasion, suppress insurrection, or to provide for the public defense.



SECTION 1. The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shal secure a just valuation for taxation of all property, real, personal and posses sory, except mines and mining claims, when not patented, the proceeds alone of which shall be assessed and taxed, and when patented, each patented mine shall be assessed at not less than five hundred dollars ($500), except when one hundred dollars ($100) in labor has been actually performed on such patented mine during the year, in addition to the tax upon the net proceeds, and, also, excepting such property as may be exempted by law for municipal, educational literary, scientific, or other charitable purposes, 10



SECTION 1. The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural and moral improvements, and also provide for the election by the people, at the general election, of a superintendent of public instruction, whose term of office shall be two years from the first Monday of January, A. D. eighte hundred and sixty-five, and until the election and the qualification of his su cessor, and whose duties shall be prescribed by law.

SEC. 2. The legislature shall provide for a uniform system of commer schools, by which a school shall be established and maintained in each scho district at least six months in every year; and any school district neglectin. to establish and maintain such a school, or which shall allow instruction of a sectarian character therein, may be deprived of its proportion of the interest of the public school fund during such neglect or infraction; and the legislature may pass such laws as will tend to secure a general attendance of the childre in each school district upon said public schools.

SEC. 3. All lands, including the sixteenth and thirty-sixth sections in an township donated for the benefit of public schools in the act of the thirty eighth Congress, to enable the people of Nevada Territory to form a stafe

Amendment proposed and adopted by the legislature of 1913, re-adopted by th legislature of 1915, and ratified on November 7, 1916. 10 Amendment proposed and adopted by the legislature of 1903, re-adopted by the legislature of 1905, and ratified at the election of November 6, 1906.

« ПредыдущаяПродолжить »