Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-12

at length. Tho third reading of every bill must
be by sections, and the ayes and noes must be
taken on the final passage Of every bill or Joint
resolution. A majority Of all the members elect
ed to each house II required to pass any bill or
Lresolutlon. Accurate statements Of receipts and
expenditures must be published with the laws, at
every regular session. All laws must be general
and uniform in operation as far az possible, and
local or special legislation Is expressly forbidden
Regulating the Jurisdiction and duties Of Jus.
| tices OF the Peace and Constables; for the pun.
ishing of crimes and misdemeanors; regulating
| the practice Of courts of justice; providing for
| changing the venue In civil and criminal cases:
granting divorces changing the names Of per-
sons; vacating roads, town plots, streets, alleys
and public squares summoning and impannel-
ling grand and petit uries, and providing for their
compensation regulating county and township
| business : regulating the election of county and
| township officers; for the assessment and colec.
ton Of taxes for State, county and township pur.
poses providing for opening and conducting
elections OF State, county or township officers
and designating the places of voting; providing
for the sale Of real estate belonging to minors or
other persons laboring under legal disabilities a
| uniform system Of county and township govern
\ ment Ia required to be established. Lotteries and
| the sale oflottery tickets prohibited. Extra
| compensation to officers and employees Of the
Legislature is forbidden The first regular ses.
| sion Is limited 10 ninety days, subsequent ses.
| sions Of sixty days; and special sessions, con-
vened by tho Governor, to twenty days. A
homestead " rs provided by law IL required to
| bo exempted from forced sale, except in certain
| enumerated cases. Provision is made for secur-
! ing the separate property of wife. The county
officers to be elected are specified, the Legisla.
ture TO prescribe their duties and compensation.
The compensation of legislators cannot be chang.
| ed during their terms each member is allowed
| not exceeding $50 per session for stationery,
| newspapers postage, etc; 90 day additional 10
| allowed the presiding officers Of each branch.
Elections Of United States Senators are TO be
| made In Joint Convention by the Legislature
| next preceding the expiration Of the Senatorial
term, or Immediately after the happening Of
vacancy; In case offailure Of the two Houses to
meet In Joint Convention within twenty days for
| this purpose, the Governor may call such Con.
vention or proclamation. Two-thrds OF all the
members elected to each branch are necessary to
| pass any bill over the Governors veto. The
Governor is allowed FIVE days during the session,
| or ten days thereafter, within which to veto
bill md in the latter case the bill must be laid
before the next session Of the Legislature.
The changes In this Article from the old Con-
stituton are numerous. Among them are al
lowing the Senate to hold secret executive ses.
| slons permitting special legislation respecting
fees and salaries, and the interest on money;
emitting the specification Of the amount or value
Of the homestead exemption, and leaving that to
be provided for by law omitting the section for.
ried women to act as sole traders; emitting the
limitation of the salaries Of county officers, and
the per diem 1.-THE members ofthe Legislature, etc.
ARTICLE y-EXECUTIvE DEPARTMENT.
Vests the executive power in Governor, to be
elected for four years, who must be a qualified
elector, twenty five years Of age, and, except at
tho first election, for two years preceding his elec
ton, resident of the State Provides for canvass
ing election returns for Governor and other State
officers. The Governor is Commander-in.Chief of
Nha rf koNn NN,tha
called into the service of the United States He il
TO transact all executive business see that the
laws are faithfully executed, and to fill vacancies
in Office by appointment where not otherwise
provided for. He may convene special sessions
Of the Legislature but at such sessions no legis
lative business may be transacted, except such
as the Governor may call attention TO. He has
power, in case of disagreement between the two
Houses as to the time Of adjournment, to adjourn
tho Legislature to such time as he may think
proper, but not beyond the time for the meet
ing of the next Legislature. He may suspend
fneE and forfeitures and grant reprieyes not ex.
ceeding sixty days The Governor, Justices of
the Supreme Court and Attorney General are
constituted Court Of Pardons, except In cases
of treason and impeachments. A Lieutenant
Governor is to be elected at the same time and
for the same term as the Governor. The usual
powers and duties Of such officer are prescribed
Secretary Of State, Treasurer, Controller, Sur
yeyor General md Attorney General are also
provided for and their powers and duties pre-.
Scribed. The Governor, Secretary of state and
Attorney General are constituted Board of
State Prison Directors, and also Boerd Of EL-
aminers, to audit all claims against the State,
except salaries or compensation fixed by law, be-
fore such claims can be passed upon by the Le-
gislature.
The only change Of Importance from the old
Constitution in this Article is providing for the
election of a Surveyor General
ARTICLE vI-JUDICIAL DEPARTMENT.
Vests the Judicial power of the State In Su.
preme Court, consisting Of a Chief Justice and
two Associate Justices (with power In the Legis-
lature to add two associates) nine District Courts
(at present. and Justices Of the Peace The
Legislature may also establish Municipal Courts
In incorporated cities and towns The Justices of
the Supreme Court are 10 be elected at general
elections tor IiX years EACH but those rst elected
are to draw for long and short terms, so that one
will go out Of office every two years. The Su.
preme Court has appellate jurisdiction in all
cases in equity, and in all cases at law involving
real estate or mining claims, the legality Of taxes,
assessments fines, etc, where the amount in con-
troversy exceeds three hundred dollars; also on
questions of law alone, in criminal cases amount
ing to felony. The State is divided into nine Ju-
dicial Districts; Storey county constituting the
First, Ormsby the Second, Lyon the Third,
Washoe the Fourth, Eye and Churchill the Fifth,
Humboldt the Sixth, Lander the Seventh. Doug
| las the Eighth, Esmeralda the Ninth. Roop is
attached to the Washoe district. The Legislature
may alter or change the districts hereafter or
increase or diminish the number of districts or
Judges. The First, or Storey District, has three
District Judges with eo-extensiye and concur.
rent Jurisdiction. The District Judges arc to be
elected for four years, and arc to be paid out of
the treasures Of the counties comprising their re-
spective Districts. The District Courts have
original Jurisdiction in all cases wherein the Su.
preme Court has appellate jurisdiction; also, re.
ating TO estates of deceased persons, and persons
and estates of minors and insane persons, and Of
the action of forcble entry and unlawful detainer,
| and Of all criminal cases not otherwise provided
by law. They have final appellate Jurisdiction
in all cases arising in Justices Courts and other
| inferior tribunals. The Legislature determines
the number Of Justices of the Pence In each city
and township, and fixes their duties and compen-
! Ration. Justices Courts have jurisdiction only
Of cases not coming within the Jurisdiction OF the
District Courts, provided they may have such
criminal jurisdiction as may be conferred by law,
| and the Legislature may confer upon them juris'
dlction concurrent with the District Courts in the
| enforcement Of mechanics liens, not exceeding
| $780, and Of actions for tho possession OF lands
| and tenements in certain specified cases. The
| Supreme Court, District Courts, and such other
Courts as the Legislature may determine, are
Courts of Record Their Judges are not allowed
to receive fees and perquisites for their own use.
Judges are ineligible to other than judicial offices
during their terms. Provision Is made for docket
fees, to be applied toward the payment Of tho
granted to any Judicial officer, and the absence
Of such officer from the State for ninety days va
Gates his Office. t.L.F g.. :, rgE.f-- $50 --s d.
This Article Is radically different from the cor
responding Article Of the old Constitution, where
In the judicial system was copied substantially
from that of California,
ARTICLE VII vu-IAPEkcHMEST AND REMOVAL
"" FROM OFFICE - .'.. "' b
Provides for impeaching by the Assembly, and
trials by the Senate, the Chief Justice to preside
at the trial of Governor or Lieutenant Cover.
nor, and two-thirds of the Senators elected TO
be necessary for conviction. All State and ju-
dlciRl officers, except Justices Of the Peace, are
liable to impe ichment for misdemeanor or NAL.
feasanee in office but Judgment can only extend
to removal aud disqualification from holding
Office. The party il liable, however, to lndict.
ment and trial according TO lnw, II the offense
IL indictable. The Judges of the Supreme and
District Courts are also liable to be removed
from Office. after a hearing by vote Of two.
thirds Of the members elected to each branch Of
the Legislature. Provision may be made by law
for the removal Of other civil officers '' 10 tt
This Article Is substantially the same as that
in the old Constitution, except the provision re-
quiring the Chief Justice 20 preside at the trial
Of Governor or Lieutenant Governor. a
ARTICLE vIII-MUyICIPAL AND OTHER CoRPoR-
ATIoSs.