Fines, etc., to Inure to State.

183. SEC. 3. All fines, penalties, and forfeitures accruing to the Territory of Nevada, or to the people of the United States in the Territory of Nevada, shall inure to the State of Nevada.

Recognizances to Remain Valid-Bonds May Be Sued On-Property, Records, etc., of Territory to Vest in State Criminal Prosecutions-Offenses Committed Against Laws of TerritoryActions, etc., to Be Continued.

184. SEC. 4. All recognizances heretofore taken, or which may be taken before the change from a territorial to a state government, shall remain valid, and shall pass to, and may be prosecuted in the name of, the state; and all bonds executed to the Governor of the territory, or to any other officer or court in his or their official capacity, or to the people of the United States in the territory of Nevada, shall pass to the Governor, or other officer, or court, and his or their successors in office, for the uses therein respectively expressed, and may be sued on and recovery had accordingly; and all property, real, personal or mixed, and all judgments, bonds, specialties, choses in action, claims, and debts of whatsoever description, and allr ecords and public archives of the Territory of Nevada, shall issue to and vest in the State of Nevada, and may be sued for and recovered in the same manner and to the same extent by the State of Nevada, as the same could have been by the Territory of Nevada. All criminal prosecutions and penal actions which may have arisen, or which may arise before the change from a territorial to a state government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the state. All offenses committed against the laws of the Territory of Nevada before the change from a territorial to a state government, and which shall not be prosecuted before such change, may be prosecuted in the name and by the authority of the State of Nevada with like effect as though such change had not taken place, and all penalties incurred shall remain the same as if this constitution had not been adopted. All actions at law and suits in equity, and other legal proceeding which may be pending in any of the courts of the Territory of Nevada at the time of the change from a territorial to a state government, may be continued and transferred to, and determined by any court of the state which shall have jurisdiction of the subject matter thereof. All actions at law and suits in equity, and all other legal proceedings, which may be pending in any of the courts of the Territory of Nevada at the time of a change from a territorial to a state government, shall be continued and transferred to, and may be prosecuted to judgment and execution in any court of the state which shall have jurisdiction of the subject matter thereof; and all books, papers, and records relating to the same shall be transferred in like manner to such court.

Salaries of Officers.

185. SEC. 5. For the first term of office succeeding the formation of a state government the salary of the Governor shall be four thousand dollars per annum; the salary of the Secretary of State shall be three thousand six hundred dollars per annum; the salary of the State Controller shall be three thousand six hundred dollars per annum; the salary of the State Treasurer shall be three thousand six hundred dollars per annum; the salary of the Surveyor-General shall be one thousand dollars per annum; the salary of the Attorney-General shall be two thousand five hundred dollars per annum; the salary of the Superintendent of Public Instruction shall be two thousand dollars per annum; the salary of each Judge of the Supreme Court shall be seven thousand dollars per annum; the salaries of the foregoing officers shall be paid quarterly out of the state treasury. The pay of State Senators and members of assembly shall be eight dollars per day for each day of actual service, and forty cents per mile for mileage going to and returning from the place of meeting. No officer mentioned in this section shall receive any fee or perquisites to his own use for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him by law.

Crosman v. Nightingill, 1 Nev. 323; Howell v. LaGrave, 23 Nev. 373.

Apportionment of Senators and Assemblymen.

186. SEC. 6. Until otherwise provided by law, the apportionment of Senators and Assemblymen in the different counties shall be as follows, to wit: Storey county, four Senators and twelve Assemblymen; Douglas county, one Senator and two Assemblymen; Esmeralda county, two Senators and four Assemblymen; Humboldt county, two Senators and three Assemblymen; Lander county, two Senators and four Assemblymen; Lyon county, one Senator and three Assemblymen; Lyon and Churchill counties, one Senator, jointly; Churchill county, one Assemblyman; Nye county, one Senator and one Assemblyman, Ormsby county, two Senators and three Assemblymen; Washoe and Roop counties, two Senators and three Assemblymen.

Territorial Indebtedness Assumed.

187. SEC. 7. All debts and liabilities of the Territory of Nevada, lawfully incurred, and which remain unpaid at the time of the admission of this state into the Union, shall be assumed by and become the debt of the State of Nevada; provided, that the assumption of such indebtedness shall not prevent the state from contracting the additional indebtedness, as provided in section three of article nine of this constitution.

Klein v. Kinkead 16 Nev. 205.

Term of State Officers.

188. SEC. 8. The term of state officers (except judicial) elected at the first election under this constitution, shall continue until the Tuesday after the first Monday of January, A. D. eighteen hundred and sixty-seven, and until the election and qualification of their successors.

Term of Senators.

189. SEC. 9. The Senators to be elected at the first election under this constitution shall draw lots, so that the term of one-half of the number, as nearly as may be, shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-six, and the term of the other half shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-eight; provided, that in drawing lots for all senatorial terms, the senatorial representation shall be allotted so that in the counties having two or more Senators, the terms thereof shall be divided as nearly as may be, between the long and short terms.

Term of Senators Fixed.

190. SEC. 10. At the general election in A. D. eighteen hundred and sixtysix, and thereafter, the term of Senators shall be for four years from the day succeeding such general election, and members of assembly for two years from the day succeeding such general election, and the terms of Senators shall be allotted by the legislature in long and short terms, as herein before provided, so that onehalf the number, as nearly as may be, shall be elected every two years.

Term of Assemblymen.

191. SEC. 11. The term of the members of the assembly elected at the first general election under this constitution, shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-five; and the terms of those elected at the general election in A. D. eighteen hundred and sixty-five shall expire on the day succeeding the general election in A. D. eighteen hundred and sixty-six.

Sessions of Legislature.

192. SEC. 12. The first regular session of the legislature shall commence on the second Monday of December, A. D. eighteen hundred and sixty-four, and the second regular session of the same shall commence on the first Monday of January, A. D. eighteen hundred and sixty-six, and the third regular session of the legislature shall be the first of the biennial sessions, and shall commence on the first Monday of January, A. D. eighteen hundred and sixty-seven, and the regu

lar sessions of the legislature shall be held thereafter biennially, commencing on the first Monday of January.

Superseded Sec. 2, Art IV.

County Officers Continued in Office-Township Officers.

193.

SEC. 13. All county officers under the laws of the Territory of Nevada, at the time when the constitution shall take effect, whose offices are not inconsistent with the provisions of this constitution, shall continue in office until the first Monday of January, A. D. eighteen hundred and sixty-seven, and until their successors are elected and qualified; and all township officers shall continue in office until the expiration of their terms of office, and until their successors are elected and qualified; provided, that the Probate Judges of the several counties respectively shall continue in office until the election and qualification of the District Judges of the several counties or judicial districts; and, provided further, that the terms of office of the present county officers of Lander county shall expire on the first Monday of January, A. D. eighteen hundred and sixty-five, except the Probate Judge of said county, whose term of office shall expire upon the first Monday of December, A. D. eighteen hundred and sixty-four, and there shall be an election for county officers of Lander county at the general election in November, A. D. eighteen hundred and sixty-four, and the officers then elected shall hold office from the first Monday of January, A. D. eighteen hundred and sixty-five, until the first Monday of January, A. D. eighteen hundred and sixtyseven, and until their successors are elected and qualified.

Territorial Officers Continued in Office Until Time for Qualification of State Officers.

194. SEC. 14. The Governor, Secretary, Treasurer, and Superintendent of Public Instruction of the Territory of Nevada, shall each continue to discharge the duties of their respective offices after the admission of this state into the Union, and until the time designated for the qualification of the above named officers to be elected under the state government; and the Territorial Auditor shall continue to discharge the duties of his said office until the time appointed for the qualification of the State Controller; provided, that the said officers shall each receive the salaries and be subject to the restrictions and conditions provided in this constitution; and, provided further, that none of them shall receive to his own use any fees or perquisites for the performance of any duty connected with his office.

Terms of Court Determined.

195. SEC. 15. The terms of the supreme court shall, until provision be made by law, be held at such times as the judges of the said court, or a majority of them, may appoint. The first terms of the several district courts (except as hereinafter mentioned), shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four. The first term of the district court in the fifth judicial district shall commence on the first Monday of December, A. D. eighteen hundred and sixty-four, in the county of Nye, and shall commence on the first Monday of January, A. D. eighteen hundred and sixty-five, in the county of Churchill. The terms of the fourth judicial district court shall, until otherwise provided by law, be held at the county seat of Washoe county, and the first term thereof commence on the first Monday of December, A. D. eighteen hundred and sixty-four.

Salaries of District Judges.

196. SEC. 16. The Judges of the several district courts of this state shall be paid as herein before provided, salaries at the following rates per annum: First judicial district (each Judge), six thousand dollars; second judicial district, four thousand dollars; third judicial district, five thousand dollars; fourth judicial district, five thousand dollars; fifth judicial district, thirty-six hundred dollars; sixth judicial district, four thousand dollars; seventh judicial district, six thou

sand dollars; eighth judicial district, thirty-six hundred dollars; ninth judicial district, five thousand dollars.

Salary of District Judge May Be Changed.

197. SEC. 17. The salary of any Judge in said judicial districts may, by law, be altered or changed, subject to the provisions contained in this constitution.

State Officers, When to Qualify-Expiration of Term.

198. SEC. 18. The Governor, Lieutenant-Governor, Secretary of State, State Treasurer, State Controller, Attorney-General, Surveyor-General, Clerk of the Supreme Court, and Superintendent of Public Instruction, to be elected at the first election under this constitution, shall each qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election, and shall continue in office until the first Tuesday after the first Monday of January, A. D. eighteen hundred and sixty-seven, and until after the election and qualification of their successors respectively.

Judges, When to Qualify.

199. SEC. 19. The Judges of the Supreme Court and District Judges to be elected at the first election under this constitution shall qualify and enter upon the duties of their respective offices on the first Monday of December succeeding their election.

Officers to Be Commissioned by the Governor-Controller and Treasurer to Execute Bond.

200. SEC. 20. All officers of state, and District Judges first elected under this constitution, shall be commissioned by the Governor of this territory, which commission shall be countersigned by the Secretary of the same, and shall qualify, before entering upon the discharge of their duties, before any officer authorized to administer oaths under the laws of this territory; and also the State Controller and State Treasurer shall each respectively, before they qualify and enter upon the discharge of their duties, execute and deliver to the Secretary of the Territory of Nevada an official bond, made payable to the people of the State of Nevada, in the sum of thirty thousand dollars, to be approved by the Governor of the Territory of Nevada; and shall also execute and deliver to the Secretary of State such other or further official bond or bonds as may be required by law.

Support of County, Town, City and Village Officers.

201. SEC. 21. Each county, town, city, and incorporated village shall make provision for the support of its own officers, subject to such regulations as may be prescribed by law.

Vacancy in Office Filled-Governor Shall Appoint.

202. SEC. 22. In case the office of any Justice of the Supreme Court, District Judge, or other state officer shall become vacant before the expiration of the regular term for which he was elected, the vacancy may be filled by appointment by the Governor, until it shall be supplied at the next general election, when it shall be filled by election for the residue of the unexpired term.

Cases in Probate Courts to Be Transferred to District Courts.

203. SEC. 23. All cases both civil and criminal, which may be pending and undetermined in the probate courts of the several counties at the time when, under the provisions of this constitution, said probate courts are to be abolished, shall be transferred to and determined by the district courts of such counties respectively.

Taxation Restricted.

204. SEC. 24. For the first three years after the adoption of this constitution the legislature shall not levy a tax for state purposes exceeding one per cent per annum on the taxable property of the state; provided, the legislature may levy a

special tax, not exceeding one-fourth of one per cent per annum, which shall be appropriated to the payment of the indebtedness of the Territory of Nevada assumed by the State of Nevada, and for that purpose only, until all of said indebtedness is paid.

State ex rel. Nightingill v. Com. Storey Co., 1 Nev. 264; Klein v. Kinkead, 16 Nev. 205. Roop and Washoe Counties.

205.

SEC. 25. The county of Roop shall be attached to the county of Washoe for judicial, legislative, revenue and county purposes, until otherwise provided by law.

Sadler v. Tatti, 17 Nev. 434.

Provision for Publication of Debates, etc.

206. SEC. 26. At the first regular session of the legislature to convene under the requirements of this constitution provision shall be made by law for paying for the publication of six hundred copies of the debates and proceedings of this convention, in book form, to be disposed of as the legislature may direct; and the Hon. J. Neely Johnson, President of this convention, shall contract for, and A. J. Marsh, official reporter of this convention, under the direction of the President, shall supervise the publication of such debates and proceedings. Provision shall be made by law at such first session of the legislature for the compensation of the official reporter of this convention, and he shall be paid in coin or its equivalent. He shall receive for his services in reporting the debates and proceedings, fifteen dollars per day during the session of the convention, and seven and onehalf dollars additional for each evening session, and thirty cents per folio of one hundred words for preparing the same for publication; and for supervising and indexing such publication, the sum of fifteen dollars per day during the time actually engaged in such service.

207. SECTION 1. The rights of suffrage and office holding shall not be withheld from any male citizen of the United States by reason of his color or previous condition of servitude.

[Article XVIII was adopted by the legislature 1877 and 1879; ratified at the general election of 1880.]

ELECTION ORDINANCE. Obsolete. McMillan v. Sadler, 25 Nev.