tracted 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.

T. C. C. pp. 389, 502.

being admitted to defend, set up a homestead right: Held, that neither husband nor wife could acquire any homestead right as against the mortgage debt. Hopper v. Parkinson, 5 Nev. 233, 237.

See Homesteads, Husband and Wife and Estates of Deceased Persons, post. The constitution and the law have given the wife certain rights, the failure of the legislature to point out the partcular manner in which she shall assert them is immaterial. She may come into a court of equity according to the established forms and usages of that court, and obtain any equitable relief to which she is entitled. Goldman v. Clark, 1 Nev. 607, 610.

It is clearly the intention of the constitution to protect a debtor's homestead from forced sale. It is equally clear the legislature intended to effectuate that intention. This being the policy of the law, creditors will not be allowed to defeat its object unless the statute clearly gives that right, or clearly points out the contingency upon the transpiring of which the debtor will lose his exemption.

Property which possesses the characteristics of a homestead may be selected and recorded as such at any time before actual sale under execution. The levy of an attachment will not prevent such selection. Hawthorne v. Smith, 3 Nev. 182,186, 187, 188 (93 A. D. 397).

The act of March 6, 1865 (Statutes of 1864-5, 224), to exempt the homestead and other property from forced sale in certain cases, in so far as it provides that no valid mortgage, for the purpose of securing a loan or indebtedness, can be made by husband and wife upon their homestead, is unconstitutional.

The proviso of this section expressly prohibits the legislature from exempting the homestead from forced sale upon a lien created by husband and wife for a loan or indebtedness. Dunker v. Chedic, 4 Nev. 378, 381, 382,

There can be no homestead right acquired in property as against the purchase money unless the lien therefor, whether created by mortgage or existing by way of vendor's Lien, has been relieved in some lawful way.

In a foreclosure suit on a mortgage given by a husband to secure the purchase money of land, and made contemporaneously with the deed of the land to him, the wife.

Separate property of wife.

In construing the homestead law of 1865: Held, that a town lot upon which is erected a dwelling-house, two other buildings used as stores, and a stone house for storing goods, the buildings being separate from each other, can be claimed and held as a homestead; that the law exempts from execution a tract of land cn which the homestead is located, to the extent of five thousand dollars in value, without limiting the other uses to which the land is put, as long as it is used and claimed as a homestead. Smith v. Stewart, 13 Nev. 65.

In construing the homestead law of this state: Held, that when a declaration of homestead is filed, the property is held by the husband and wife as joint tenants, and that upon the death of either the homestead property vests absolutely in the survivor. (Beatty, J., dissenting.)

When no declaration has been filed upon the homestead property, no joint tenancy is created; in such case if it was common property, one-half vested in the wife upon the death of the husband, and the other half vested in the minor children of said deceased and his wife. Smith v. Shrieves, 13 Nev. 303, 329.

A homestead, in fact, in the absence of a recorded declaration that it has been selected as such, can be mortgaged by the husband alone without the consent of his wife. Child v. Singleton, 15 Nev. 461, 463.

A homestead duly filed upon while husband and wife were residing thereon, remains a homestead in his hands after her death, and as such is exempt from levy and sale for his debts where he continues to reside upon it. although he has no children or other dependent relatives residing with him. Roberts v. Greer, 22 Nev. 318, 329 (58 A. S. 755, 40 P. 6).

289. 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 Wifes separate property.

T. C. C. pp. 405, 502.

Power of Legislature over county officers.

290. SEC. 32: The Legislature shall have power to increase, diminish, consolidate, or abolish the following county officers: 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.

As amended. Proposed and passed at the Thirteenth Session of the Legislature, March 3, 1887, Statutes of 1887, "age 161: agreed to and passed at the Fourteenth Session of the Legislature, January 17, 1889, Statutes of 1889, page 171 and approved and ratified by the people at a special election held February 11, 1889.]

T. C. C. pp. 210, 483, 490.

[SEC: 32. The Legislature shall provide for the election by the people of a Clerk of the Supreme Court, County Clerks, County Recorders 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.]

Original section as above.

Cited. Vesey v. Hermann, 1 Nev. 36, 37, 38, 39.
Cited, State v. Tilford, 1 Nev. 244.

The county recorders who, under this section, become ex officio auditors, are those only who are elected under a legislative enactment passed after the adoption of the constitution. The fact that a recorder is elected after the adoption of the constitution, but not under a law passed after its adoption, will not entitle him to the position of auditor. Brown v. Davis, 1 Nev. 409, 413, 415. Cited State v. Selge. 2 Nev. 324.

"Election by the people," see citation under section 26 of this article, from State ex rel. Clarke v. Irwin, 5 Nev. 111, 119. 120.

The constitutional provision requiring county and township officers to be elected by the people, does not apply in cases of emergency or special occasion, such as the creation of a new office or a vacancy. State ex rel. Clarke v. Irwin, 5 Nev. 111, 112, 119, 121.

Cited. Esser v. Spaulding, 17 Nev. 309 (30 P. 896). County assessors are necessary officers within the meaning of this section, and must be elected by the people. The legislature has no power to extend the terms of such officers beyond the time for which they were elected, except temporarily in cases of emergency. Section 2 of the Statutes of 1883, 123, extending the terms of county assessors beyond the time for which they were elected, is unconstitutional and void. State ex rel. Perry v. Arrington, 18 Nev. 412 (4 P. 735).

This section, as it formerly stood, requiring the legislature to provide for the election of certain state and county officers, "and other necessary officers," referred by the words quoted to officers ejusdem generis with those enumerated. and not to other classes of officers. State ex rel. Summerfield v. Clarke, 21 Nev. 334, 338 (37 A. S. 517, 18 L. R. A. 313, 31 P. 545).

Cited, Lobenstein v. Storey County, 22 Nev. 382 (40 P. 1016).

Compensation, expenses.

This section prior to amendment of 1889, provided that the legislature should provide for election of a clerk of supreme court and certain county officers. Provision for the election of such clerk was made. This section, as amended in 1889, requires that the legislature shall provide for the election of certain county officers, omitting mention of the clerk. Sections 8 and 12 of article 15 of the constitution provide that the clerk shall have his office at the seat of government, and that opinions of the supreme court must be filed therein before its judgments become operative: Held, that the office of clerk of the supreme court was not abolished by its omission from the amendment of 1889 and the failure of the legislature to reestablish it, but continued as a constitutional office under the provision made pursuant to the original constitution; and hence Statutes 1893, page 32, providing that the secretary of state shall be ex officio clerk of the supreme court, was effective. State ex rel. Howell v. La Grave, 23 Nev. 374, 383, 384, 385 (48 P. 674).

This section provides, as amended in 1889, that the legislature shall have power to increase, diminish, consolidate or abolish certain county officers: Held, that by expressly designating certain offices which might be consolidated, the constitution intended to exclude all all other offices, and hence the act of February 20, 1893 (Stats. 1893, p. 32, c. 35), providing that the secretary of state shall be ex officio clerk of the supreme court and ex officio state librarian, while sufficient to confer color of authority on the secretary of state acting ex officio clerk of the supreme court. it is without force as an amendment or repeal. by implication, of the statute (Comp. Laws, sections 1782, 1790, and 1793) providing for the election of a clerk of the supreme court in the manner other state officers are elected. State ex rel. Josephs v. Douglass, 33 Nev. -(110 P. 177, 178, 181).

291. 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 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, news papers 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.

T. C. C. pp. 101, 471.

The law making the lieutenant-governor ex officio warden of the state prison, and allowing him a salary for such services, does not conflict with this section. The lieutenant-governor in office at the time of the passage of the law may, therefore, draw the salary allowed to him as warden. Crosman v. Nightingill, 1 Nev. 323, 325, 326.

The legislative fund act of 1869 (Stats. 1869, 54) in so far as it provides for interest on warrants drawn for the pay of legislators, is not repugnant to this section, for the reason that the interest, if any accrues, is to be paid Elections of U. S. Senators.

not as compensation for services but as damages for delay. State ex rel. Ash v. Parkinson, 5 Nev, 16, 28.

The legislature passed an act in favor of relator. for payment of his services as president pro tem. of the senate, in addition to his regular pay as senator. Held, that this was in effect an attempt to increase his compensation as a senator, and hence, unconstitutional. State ex rel. King v. Hallock, 16 Nev. 152, 153.

Cited, State ex rel. Howell v. LaGrave, 23 Nev. 3x3 (48 P. 674).

292. SEC: 34. In all elections for United States Senators, such elections 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 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.

Governor's veto powers.

293. SEC: 35. Every bill which may have passed the Legislature, shall, before it becomes a law be presented to the Governor. If he approve 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.

T. C. C. pp. 91, 469.

Without the express approval of the governor, an act of the legislature can only become a law in two cases. First: When it is passed over his objections by a twothirds' vote of each house. Second: When he fails to return a bill with his objections within the time prescribed by the constitution.

When the governor in due time sends back a bill which has been submitted to him, stating that he cannot act on it because of some supposed informality in its passage, this is in effect an objection to the bill, and it can only become a law by further action of the legislative branch, although the governor may have been mistaken as to the supposed defect in the bill. Birdsall v. Carrick, 3 Nev. 154. 156, 157.

Cited, Jones v. Theall, 3 Nev. 235.

Cited State ex rel. Osburn v. Beck, 25 Nev. 79 (56 P. 10080).

A bill was passed by both houses of the legislature, and signed by the presiding officers, who transmitted it to the governor, who returned it, with his objections, to the secretary of state after the adjournment of the session: Held, that the failure of the presiding officers of the succeeding legislature to sign the bill, which was passed over the veto, rendered the law invalid, since section 18 is mandatory, and applies to the passage of bills over the governor's veto. (Fitzgerald, J., dissenting.) State ex rel. Coffin v. Howell, 26 Nev. 93, 99, 100, 101, 102, 103, 104, 105 (64 P. 466).

An enrolled bill, signed by the proper officers, approved, by the governor, and filed with the secretary of state, is conclusive evidence of the passage of the act as enrolled. (See citations under section 18 of this article.)

294. SECTION 1. The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada.

T. C. C. pp. 139, 475.

The act incorporating Carson City (Stats. 1875, 87) is rot in conflict with this section. Naming, in the act of incorporation, the persons who were to constitute the provisional or initiatory board of trustees was not the exercise of a power intrinsically executive. Clarke v. Irwin, 5 Nev. 111, affirmed: State ex rel. Rosenstock v. Swift. 11 Nev. 128, 135.

Cited State ex rel. Perry v. Arrington, 18 Nev. 416 (4 P. 735).

The governor may recommend the passage of laws, and may veto bills passed by the senate and assembly; but

Governor elected.

when an act not in conflict with the constitution passes both houses of the legislature, and is approved by him or passes over his veto, it becomes binding, and no person is above a law so enacted. As he cannot prevent its passage over his veto, he is powerless to set aside a statute after it has become a law.

Neither the legislature nor the courts can compel the governor to perform acts which would be in conflict with the powers and prerogatives conferred upon him by the constitution. As to these he is absolute. State ex rel. White v. Dickerson, 33 Nev. - (113 P. 105, 106).

295. SEC. 2: The Governor shall be elected by the qualified 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.

T. C. C. pp. 140, 475.

Who eligible to office of Governor.

296. 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 this

Constitution, shall not have been a citizen resident of this State for two years next preceding the election.

T. C. C. pp. 140, 476.

This section requires that a party, to be eligible to the office of governor, shall possess certain qualifications as

Canvass of returns.

to age and length of residence beyond those provided for a mere elector. State ex rel. Nourse v. Clarke, 3 Nev. 563.

297. 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.

T. C. C. pp. 140, 476.

Military authority of Governor.

298. 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.

T. C. C. pp. 141, 476.

Duties of Governor.

299. 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.

T. C. C. pp. 141, 476.

Idem.

300. SEC: 7.

T. C. C. pp. 141. 477.

He shall see that the laws are faithfully executed.

The provision in the act entitled "An act to require the acceptance and collection of grants, devises, bequests. donations, and assignments to the state of Nevada," approved February 26, 1901 (Stats. 1901, c. 19), that whenever any grant, devise, bequest, donation or gift or assignment of money, bonds, or choses in action shall be made to this state, the governor is directed to receive and accept the same, so that the right and title to the same shall pass to the state." imposes a ministerial duty upon the governor which could have been conferred as well upon any other officer or person, and which in no May fill vacancies.

way conflicts with or pertains to the constitutional powers or prerogatives of the governor, excepting that this section makes it his duty to enforce this and other statutes. He is nowhere empowered to set aside the law because he may not agree with its policy. He is as much unauthorized to prevent the reception of the bonds as if the legislature had directed the state treasurer instead of the governor to accept them for the state. State ex rel. White v. Dickerson, 33 Nev. (113 P. 105, 106, 111, 114).

301. 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.

T. C. C. pp. 141, 477.

Where a new office is created, and no person appointed to fill it, there is a vacancy.

There is no technical or peculiar meaning in the word vacant" as used in this section; it means empty, unoccupied, without an incumbent; and it applies to new offices never filled, as well as to old ones vacated by death, resignation or otherwise.

Though the constitution provides in some instances

May convene Legislature.

what shall operate a vacancy in office, such as absence of judicial officers, etc., this does not prohibit the legislature from enumerating other causes. State ex rel. Clarke v. Irwin, 5 Nev. 112.

The act incorporating Carson City (Stats. 1875, 87) is not in conflict with this section.

See State ex rel. Rosenstock v. Swift, 11 Nev. 128, 135, under section 1 of this article.

302. SEC: 9. The Governor may on extraordinary occasions, convene 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 especially convened, or such other legislative business as the Governor may call to the attention of the Legislature while in session.

T. C. C. pp. 145, 477.

The legislature of this state, when convened in special session, can only legislate over those subjects for which they were specially convened, and such others as may be called to their attention during the session by the gov

ernor.

The secretary of state may transmit to the legislature Message to Legislature.

303.

in extra session the bills vetoed by the governor after the expiration of the regular session; but unless the governor call attention to these vetoed bills and require action thereon, the legislature is powerless to act until the next regular session. Jones v. Theall, 3 Nev. 233, 235, 236, 237, 238.

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.

T. C. C. pp. 145, 477.

May adjourn Legislature.

304. 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.

T. C. C. pp. 145, 477.

Certain persons ineligible.

305. SEC: 12. No person shall, while holding any office under the United States Government, hold the office of Governor, except as herein expressly provided.

T. C. C. pp. 146, 478.

was called particularly to the article immediately under its supervision. The draft of the whole instrument, from necessity, was not in the hands of one person or one committee. Hence, there is a liability to unnecessary repetitions. State ex rel. Nourse v. Clarke, 3 Nev. 568.

The mere fact that this section repeats a prohibition against the governor of the state holding that office whilst he holds one under the general government is not entitled to much weight. The different articles of the constitution were drawn under the superintendence of distinct committees. The attention of each committee Duties of Governor as to fines and forfeitures. 306. SEC: 13. The Governor shall have the power to suspend the collection 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 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.

T. C. C. pp. 221, 478.

In view of constitution. article 5, section 14, providing that the governor, justices of the supreme court, and attorney-general or a majority of them, of whom the governor shall be one, may remit fines and forfeitures, commute punishments, and grant pardons, this section Personnel of the Board of Pardons.

authorizes the governor to suspend the collection of fines for only sixty days, and not indefinitely. Otherwise there would be a conflict between the two sections. Ex parte Shelor, 33 Nev. - (111 P. 292, 293, 294 295).

307. SEC: 14. The Governor, Justices of the Supreme Court and Attorney-General, or a major part of them, of whom 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.