exempt from Homestead from forced sale under any process of law, and shall not be forced sale. alienated without 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. Separate property of wife. Power of officers. 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 have power to increase, diminish, consolidate, or abolish the following county officers: over county County Clerks, County Recorders, Auditors, Sheriffs, District Attorneys, County Surveyors, Public Administrators and Superintendents of Schools. The Legislature shall provide for their election by the people, 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. Compen sation of [As amended. Proposed and passed at the Thirteenth Session of the Legislature, March 3, 1887, Statutes of 1887, page 161; agreed to and passed at the Fourteenth Session of the Legislature, January 17, 1889, Statutes of 1889, page 151, and approved and ratified by the people at a special election held February 11, 1889.] SEC. 33. The members of the Legislature shall receive for their services a compensation to be fixed by law, and paid Legislators. 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 elected; provided, that an appropriation may be made for the payment of such actual expenses as members of the Legislature may incur for postage, express charges, newspapers and stationery, not exceeding the sum of sixty dollars for any general or special session, to each member; and furthermore provided, that the Speaker of the Assembly, and Lieutenant-Governor, as President of the Senate, shall each, during the time of their actual attendance as such presiding officers, receive an additional allowance of two dollars per diem. Election of States SEC. 34. In all elections for United States Senators, such election shall be held in joint convention of both houses of the Legislature. It shall be the duty of the Legislature which convenes next preceding the expiration of the term of such Senator, to elect his successor. If a vacancy in such Sena torial 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. action on SEC. 35. Every bill which may have passed the Legisla- Executive ture shall, before it becomes a law, be presented to the Gov- bail. ernor. If he approve, 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 (Sundays excepted), exclusive of the day on which he received it, the same shall May become be a law in like manner as if he had signed it, unless the veto. 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. law after SECTION 1. The supreme executive power of this State Executive shall be vested in a Chief Magistrate, who shall be Governor power of the State of Nevada. vested. elected. SEC. 2. The Governor shall be elected by the qualified Governor electors at the time and places of voting for members of the Legislature, and shall hold his office for four years from the time of his installation, and until his successor shall be qualified. Governor. SEC. 3. No person shall be eligible to the office of Gov- Who eligible ernor who is not a qualified elector, and who, at the time of to office of such election, has not attained the age of twenty-five years, and who, except at the first election under this Constitution, Disposition of election returns. Military authority of Governor. Duties of May fill vacancies. 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 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. 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, May convene convene the Legislature by proclamation, and shall state to Legislature. 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 especially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session. Message to Legislature. 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 May adjourn 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. Certain persons ineligible. SEC. 12. No person shall while holding any office under the United States Government hold the office of Governor, except as herein expressly provided. SEC. 13. The Governor shall have the power to suspend to fines and the collection of fines and forfeitures, and grant reprieves for Duties of a period not exceeding sixty days dating from the time of Governor as conviction, for all offenses, except in cases of impeachment. forfeitures. 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 shall 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. Board of SEC. 14. The Governor, Justices of the Supreme Court Personnel of and Attorney-General, or a major part of them, of whom Pardons. the Governor shall be one, may, upon such conditions and with such limitations and restrictions 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 Seal of State. kept by the Governor, and used by him officially, and shall be called "The Great Seal of the State of Nevada." name of State. SEC. 16. All grants and commissions shall be in the name Grants in and by the authority of the State of Nevada, sealed with the Great Seal of the State, signed by the Governor and countersigned by the Secretary of State. duties of SEC. 17. A Lieutenant-Governor shall be elected at the Election and same time and places, and in the same manner as the Gov- Lieutenanternor, and his term of office and his eligibility shall also be Governor. the same. He shall be President 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. succeed SEC. 18. In case of the impeachment of the Governor, or Lieutenanthis removal from office, death, inability to discharge the Governor to duties of the said office, resignation or absence from the State, Governor. the powers and duties of 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, State officers, terms of office. Duties of Secretary of Personnel of Board of Commis sioners and Board of Examiners. a Surveyor-General, and an Attorney-General, shall be elected at the same time and places, and in the same manner as the Governor. The term of office of each shall be the same as is prescribed for the Governor. Any elector shall be eligible to either of said offices. SEC. 20. The Secretary of State shall keep a true record of the official acts of the legislative and executive departments of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature. SEC. 21. The Governor, Secretary of State and AttorneyGeneral shall constitute a Board of State Prison CommissionState Prison ers, which Board shall have such supervision of all matters connected with the State 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. Judicial power vested. Supreme 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. 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 constituted. 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. Election of 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, |