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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 forth with 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, 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, w such other legislative business as the Governor may call to the attention of the Legislature while in session.
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 Houses, with respect to the time of adjourn ment, 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.
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 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 3f the sentence, or grant a further reprieve. And if the Legislature should 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 for which he was convicted, the sentence, its date, and the date of the remission, commutation, pardon, or reprieve.
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.
Sec. 15. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and shall be called the great seal of the State of Nevada.
Sec. 16. All grants and commissions shall be in the name and by the authority of the State of Nevada, sealed with the 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 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 be 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, 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 Legislature 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 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. 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.
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.
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 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.
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, respectively, from and including the first Monday of January next succeeding their election. They shall meet as soon as practicable after their election and qualification, and at their first meeting 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 right of possession to, or the 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 the property in controversy exceeds three hundred dollars; also, in all other civil
cases not included in the general subdivision of law and equity, and also on questions of law alone, in all criminal cases in which the offense charged amounts to felony. 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 by, or 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 in the State, or before any judge of said courts.
Sec. 5. The State is hereby divided into nine judicial districts, of which the county of Storey shall constitute the first; the county of Ormsby the second; the county of Lyon the third; the county of Washoe the fourth; the counties of Nye and Churchill the fifth; the county of Humboldt the sixth; the county of Lander the seventh; the county of Douglas the eighth, and the county of Esmeralda the ninth. The county of Roop shall be attached to the county of Washoe for judicial purposes, until otherwise provided by law. The Legislature may, however, provide by law for an alteration in the boundaries or divisions of the districts herein prescribed, and also for increasing or diminishing the number of judicial districts and judges therein. But no such change shall take effect except in case of a vacancy, or the expiration of the term of an incumbent of the office. At the first general election under this Constitution, there shall be elected in each of the respective districts (except as in this section hereafter otherwise provided), one district judge, who shall hold office from and including the first Monday of December, A. D. eighteen hundred and sixty-four, and until the first Monday of January, in the year eighteen hundred and sixty-seven; after the said first election, there shall be elected at the general election which immediately precedes the expiration of the term of his predecessor, one district judge in each of the respective judicial districts (except in the first district, as in this section hereinafter provided). The district judges shall be elected by the qualified electors of their respective districts, and shall hold office for the term of four years (excepting those elected at the said first election) from and including the first Monday of January next succeed