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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.

SEC. 15. There shall be a seal of this State, which shall be kept by the Governor, and used by him offcially, and shall be called the "Great Seal of the State of Nevada."

SEC. 16. All grants and commissions shall be in the name and 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.

SEC. 17. A Lieutenant Governor shall be elected at the same time and places, and in the same manner as the Governor, and his term of office, and his eligibility, shall also be 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.

SEC. 18. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the duties of the said office, resignation, or absence from the State, 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 force of the State.

SEC. 19. A Secretary of State, a Treasurer, a Controller, and an Attorney General, shall be elected at the time and places, and in the same manner as the Governor. The term of office of each shall be the same as is prescibed 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 Governer, Secretary of State, and Attorney General, shall constitute a Board of State Prison Commissioners, 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.

SEC. 22. The Secretary of State, State Treasurer, State Controller, 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, in District Courts, in County Courts, and in Justices of the Peace. The Legislature may also establish Courts for municipal purposes, in incorporated towns and cities, and may, by a two-thirds vote of the members elect to each branch of the Legislature, establish a Court with original jurisdiction over the estates of deceased persons, and the persons and estates of minors and insane persons, in any county where the same may be deemed necessary.

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 the members elected to each branch, may at its second session, or at any time thereafter, provide for the election, at the judicial 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.

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SEC. 3. The Justices of the Supreme Court shall be elected at the judicial election, and shall hold office for the term of six years from the first Monday of July next after 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 until the first Monday of July next after their election, and they shall continue in office thereafter for two, four, and six years respectively, and they 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 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 property in controversy amounts to two hundred dollars; also, in all other civil cases not included in the general subdivisions of law and equity, and also in all criminal cases amounting to felony on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, quo 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 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, or any County Court in the State, or before any Judge of said Courts.

SEC. 5. The State is hereby divided into four Judicial Districts. The county of Storey shall constitute the first Judicial District. The counties of Washoe, Ormsby and Lyon shall constitute the second Judicial District. The counties of Humboldt and Lander shall constitute the third Judicial District; and the counties of Douglas and Esmeralda shall constitute the fourth Judicial District. For judicial purposes the county of Roop shall be attached to the county of Washoe, and the county of Churchill shall be attached to the county of Lyon, until otherwise provided by law. As the convenience of the public may require, the Legislature may, by a two-third vote of all the members elected to each branch of the Legislature, provide, by an alteration in the boundaries of the districts as herein prescribed, for additional Judicial Districts, and the election of District Judges therein for the term of six years from the first Monday of July succeeding such election. There shall be elected at the first election, by the electors in each of the respective districts, a District Judge, who shall hold his office until the first Monday of July next after such election, and for two years thereafter, after which said Judges shall be elected by the qualified electors of their respective districts at the judicial election which immediately precedes the expiration of the term of their predecessors, and shall hold office for the term of six years. The Legislature shall have no power to grant leave of absence to a judicial officer, and any such officer who shall absent himself from the State for upwards of forty consecutive days shall be deemed to have vacated his office.

SEC. 6. The District Court shall have original jurisdiction in all cases in equity; also in all cases at law which involve the title or 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 amounts to one thousand dollars; also, in all other civil cases not provided for in this Constitution, and also in all criminal cases where the punishment may be death. And they shall have appellate jurisdiction to try de novo, under such regulations as may be prescribed by law, all cases relating to the estates of deceased persons and of the persons and estates of minors. The District Courts and their Judges shall have power to issue writs of mandamus, injunction, quo warranto, certiorari,

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SEC. 8. The Legislature shall provide for the organization of cities and towns by general laws; and restrict their power of taxation, assessment, borrowing money,

contracting debts, and loaning their credit, except for procuring supplies of water.

ARTICLE XI.

SALARIES.

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SECTION 1. The Governor shall receive an annual

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, corpo

ration or association.

ARTICLE IX.

FINANCE AND STATE DEBT.

SECTION 1. The fiscal year shall commence January 1st. SEC. 2. The Legislature shall provide for an annual tax sufficient to defray the estimated expenses of the State for each fiscal year; and whenever the expenses of any year shall exceed the income, 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 year or two years. SEC. 3. For the purpose of enabling the State to transact its business upon a cash basis, from its organization, or for the purpose of defraying extraordinary expenses, the State may contract public debts; but such debts shall never in the aggregate, exclusive of interest, exceed the sum of three hundred thousand dollars; provided, that the further amount of indebtedness authorized by Article VIII, of this Constitution, shall be deemed legal and valid whenever said debt shall be incurred in accordance with the provisions therein expressed; and said debts shall be separate and independent of the State debt herein provided for. 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 to the payment of said principal and interest; and such appropriation 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 liabilaties amount to said sum 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.

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 defend the State in time of

war.

SEC. 5. No scrip, certificate, or other evidence of State debt whatsoever, shall be issued, for the payment of which there are no funds in the treasury, except for such debts as are authorized by the third Section of this Article.

ARTICLE X.

TAXATION.

SECTION 1. The Legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, including mines and mining property; excepting such property only as may be exempted by law for municipal, educational, literary, scientific, religious or charitable purposes.

with their offices.

ARTICLE XII.

EDUCATION.

SECTION 1. The Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement. It shall provide for the election by the people (at such time as the judiciary may be elected) of a Superintendent of Public Instruction, whose term of office shall be two years from the first Monday of July succeeding such election, and until the election and qualification of his successor, and whose duties shall be prescribed by law.

SEC. 2. The Legislature shall provide for a system of common schools, by which a school shall be established and maintained in each school district, at least six months in every year; and any school district neglecting to establish and maintain such a school may be deprived of its proportion of the interest of the public school fund during such neglect. The Legislature shall, within two years, pass such laws as shall make it compulsory with parents and guardians that all white children under their charge, between the ages of six and fourteen years, shall receive educational instruction for at least three months in each year, unless physically or mentally incapacitated; but no sectarian instruction shall be allowed at any public school established by them.

SEC. 3. All lands, including the five hundred thousand acres of land granted to the new States under an Act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841; and all proceeds of lands that have been or may be granted or appropriated by the United States to this State; all estates that may escheat to the State; all of such per cent, as may be granted by Congress on the sale of land; all fines collected under the penal laws of the State; all property given or bequeathed to the State for educational purposes; and all proceeds derived from any or all of said sources, shall be, and the same are hereby solemnly pledged for educational purposes, and shall not be transferred to any other fund for other uses; and the interest thereon shall, from time to time, be apportioned among the several counties, in proportion to the ascertained number of persons between the ages of six and eighteen years in the different counties. And the Legislature shall provide for the sale of floating land warrants to cover the aforesaid lands, and for the investment of all proceeds derived from any of the above-mentioned sources in United States bonds or the bonds of this State; provided, that the interest only of the aforesaid proceeds shall be used for educational purposes, and any surplus interest shall be added to the principal sum; and provided, further, that such portion of said interest as may be necessay, may be appropriated for the support of the State University.

SEC. 4. The Legislature shall provide for the establishment of a State University, or Agricultural College, with a Mining Department, which shall be free to all white pupils between the ages of fourteen and twentyone years, possessing such qualifications as may be prescribed by the Board of Regents, and whose parents or guardians are citizens of this State.

SEC. 5. The Legislature shall provide a special tax of one-half of one mill on the dollar of all taxable property in the State, in addition to the other means provided for the support and maintenance of said UniverIsity or Agricultural College, and common schools;

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provided, that at the end of ten years they may reduce said tax to one-quarter of one mill on each dollar of taxable property.

SEC. 6. The Governor, Secretary of State, and the Superintendent of Public Instruction, shall, for the first four years, and until their successors are elected and qualified, be a Board of Regents, to control and manage the affairs of the University, or Agricultural College, and the funds of the same, under such regulations as may be provided by law; but the Legislature shall, at the expiration of that time, provide for the election of a Board of Regents, and define their duties. SEC. 7. The Board of Regents shall, from the interest accruing from the first funds which come under their control, immediately organize and maintain the said Mining Department, in such manner as to make it the most effective and useful.

ARTICLE XIII.

MILITIA.

SECTION 1. The Legislature shall provide by law for the organizing and disciplining the militia of this State, for the effectual encouragement of volunteer corps, and the safe keeping of the public arms.

SEC. 2. The Governor shall have power to call out the militia to execute the law of the State, or to suppress insurrection or repel invasion.

ARTICLE XIV.

PUBLIC INSTITUTIONS.

SECTION 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the State, subject to such regulations as may be prescribed by law.

SEC. 2. A State Prison shall be established and maintained in such manner as may be prescribed by law, and provision may be made by law for the establishment and maintenance of a House of Refuge for juvenile offenders.

SEC. 3. The respective counties of the State shall provide, as may be prescribed by law, for those inhabitants who, by reason of age and infirmity, or other misfortunes, may have claim upon the sympathy and aid of society.

ARTICLE XV.

BOUNDARY.

SECTION 1. The boundary of the State of Nevada shall be as follows:

Beginning at the point of intersection of the fortysecond degree of north latitude, with the thirty-eighth degree of longitude west from Washington; thence running south on the said thirty-eighth degree of west longitude until it intersects the northern boundary line of New Mexico; thence due west along the northern boundary line of New Mexico until such line intersects the eastern boundary of the State of California; thence northerly along the eastern boundary line of the State of California until such line intersects the forty-second degree of north latitude; thence east with said forty-second degree of north latitude to the place of beginning.

And whenever Congress shall authorize the addition to the Territory or State of Nevada of any portion of the territory on the easterly border of the foregoing defined limits, not exceeding in extent one degree of longitude, the same shall thereupon be embraced within and become a part of this State. And furthermore prorided, that all such territory lying west of and adjoining the boundary line herein prescribed, which the State of California may relinquish to the Territory or State of Nevada, shall thereupon be embraced within and constitute a part of this State.

ARTICLE XVI.

MISCELLANEOUS PROVISIONS. SECTION 1. The seat of Government shall be at Carson City, but no appropriation for the erection or purchase of capitol buildings shall be made during the next six years.

SEC. 2. Members of the Legislature, and all officers, Executive, Judicial, and Ministerial, shall, before they

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enter upon the duties of their respective offices, take and subscribe to the following oath or affirmation:"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution or law of any State, Convention or Legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever. And I do further solemnly swear (or affirm) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge, or acceptance, since the adoption of the Constitution of the State of Nevada, and that I will not be so engaged or concerned, directly or indirectly, in or And further, that I will well and faithfully perform all about any such duel, during my continuance in office. the duties of the office of on which I am about

to enter; so help me God."

SEC. 3. No person shall be eligible to any office who is not a qualified elector, or who has fought or been in any manner concerned in a duel since the adoption of

this Constitution.

SEC. 4. The general election shall be held on the Tuesday next after the first Monday of November. SEC. 5. The aggregate number of members of both branches of the Legislature shall never exceed seventy-five.

SEC. 6. The term of State officers elected at the first

election under this Constitution, shall continue until the Tuesday after the first Monday of January, A. D. 1867, and until the election and qualification of their successors.

SEC. 7. The Sheriffs, County Clerks, County Treasurers, County Judges, and County Recorders, shall hold their offices at the county seats of their respective counties.

SEC. 8. The Legislature shall provide for the speedy publication of all statue laws of a general nature, and for such judicial decisions as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the Supreme Court shall take effect and be operative until the opinion of the Court in such case shall be filed with the Clerk of said Court, and notice thereof given by said Clerk in some newspaper published at the place of holding said Court, or nearest thereto.

SEC. 9. The Legislature may, at any time, by a vote of two-thirds of the members elected to each branch thereof, provide by law for increasing or diminishing the salaries or compensation of any of the officers (except judicial) whose salaries or compensation is fixed in this Constitution; provided, no such change of salary or compensation shall apply to any officer during the term for which he may have been elected.

SEC. 10. All officers whose election or appointment is not otherwise provided for, shall be chosen ór appointed as may be prescribed by law.

SEC. 11. The tenure of any office not herein provided for may be declared by law, or when not so declared, such office shall be held during the pleasure of the authority making the appointment; but the Legislature shall not create any office, the tenure of which shall be longer than four years.

SEC. 12. A State Printer shall be elected at the same time and places, and in the same manner, and for the same term, as the Governor. He shall do all the public printing for the State which may be prescribed by law. The rates to be paid him for such printing shall be fixed by law.

SEC. 13. The Governor, Secretary of State, State Treasurer, State Controller, and Clerk of the Supreme Court, shall keep their respective offices at the seat of Government.

SEC. 14. The enumeration of the inhabitants of this State shall be taken under the direction of the Legislature in the year 1864, and 1867, and 1875, and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in the year 1870,