Secretary of urer and Attorney 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. 128. SEC. 19. A Secretary of State, a Treasurer, a Controller, Treas- troller, a Surveyor-General, and an Attorney-General, shall be elected at the same time and places, and in the same manner as General, who the Governor. The term of office of each shall be the same as eligible. is prescribed for the Governor. Any elector shall be eligible to either of said offices. Duties of Prison Commissioners. Board of Duties. 129. 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. 130. SEC. 21. Ash v. Parkinson, 5 Nev. 15; Lewis v. Doren, 5 Nev. 399; ex parte 131. 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. ARTICLE VI. Judicial JUDICIAL DEPARTMENT. 132. SECTION 1. The judicial power of this state shall be power vested. 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. Supreme court. Meagher v. Storey Co., 5 Nev. 244. 133. 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 major- Term of 134. SEC. 3. The Justices of the Supreme Court shall be Election of elected by the qualified electors of the state at the general Judges. election, and shall hold office for the term of six years from and including the first Monday of January next succeeding their office. 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 Chief Justice. 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. of court. 133. SEC. 4. The supreme court shall have appellate Jurisdiction 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. Low v. Crown Point Mg. Co. 2 Nev. 75; State v. McCormick, tricts. 136. SEC. 5. The state is hereby divided into nine judi- Judicial discial districts, of which the county of Storey shall constitute the first; the county of Ormsby the second; the county of Lyon the May be altered. Election of District Judges. One Judge for each district. Jurisdiction third; the county of Washoe the fourth; the counties of Nye and Leake v. Blasdel, Nev. 40; State ex rel. Aude v. Kinkead, 14 137. SEC. 6. The district courts in the several judicial and powers. districts of this state shall have original jurisdiction in all cases in equity; also, in all cases at law which involve the title or the right of possession to, or the 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, exceeds three hundred dollars; also, in all cases relating to the estates of deceased persons, and the persons and estates of minors and insane persons, and of the action of forcible entry and unlawful detainer; and also in all criminal cases not otherwise provided for by law. They shall, also, have final appellate jurisdiction in cases arising in justices' courts, and such other inferior tribunals as may be established by law. The district courts and the Judges thereof, shall have power to Hoopes v. Meyer, 1 Nev. 433; Armstrong v. Paul, 1 Nev. 134, supreme and and where 138. SEC. 7. The times of holding the supreme court and Terms of the district courts, shall be as fixed by law. The terms of the district supreme court shall be held at the seat of government, and courts, when the terms of the district courts shall be held at the county held. seats of their respective counties; provided, that in case any county shall be hereafter divided into two or more districts, the legislature may, by law, designate the place of holding courts in such districts. the Peace. Criminal 139. SEC. 8. The legislature shall determine the number Justices of of Justices of the Peace to be elected in each city and township of the state, and shall fix, by law, their powers, duties, and responsibilities; provided, that such justices' courts shall not have jurisdiction of the following cases, viz.: First-Of cases Jurisdiction in which the matter in dispute is a money demand or personal restricted. property, and the amount of the demand, (exclusive of interest), or the value of the property, exceeds three hundred dollars. Second-Of cases wherein the title to real estate or mining claims, or questions of boundaries to land, is or may be involved; or of cases that shall in any manner conflict with the jurisdiction of the several courts of record in this state; and, provided further, that justices' courts shall have such criminal jurisdiction as jurisdiction. may be prescribed by law; and the legislature may confer upon said courts jurisdiction, concurring with the district courts, of Concurrent actions to enforce mechanics' liens, wherein the amount (exclu- jurisdiction. sive of interest) does not exceed three hundred dollars; and also of actions for the possession of lands and tenements, where the relation of landlord and tenant exists, or when such possession has been unlawfully or fraudulently obtained or withheld. The legislature shall also prescribe, by law, the manner, Appeals. and determine the cases, in which appeals may be taken from justices' and other courts. The supreme court, the district Courts of courts, and such other courts as the legislature shall designate, record. shall be courts of record. Paul & Co. v. Beegan & Co., 1 Nev. 327; Bull v. Snodgrass, 4 Nev. 524; Cavanaugh v. Wright, 2 Nev. 166. 140. SEC. 9. Provision shall be made, by law, prescribing Municipal the powers, duties, and responsibilities of any municipal court courts. that may be established in pursuance of section one of this article; and also fixing, by law, the jurisdiction of said court, so as not to conflict with that of the several courts of record. Judicial offi141. SEC. 10. No judicial officer, except Justices of the receive fees. ceis not to Judges ineligible to other their term. Peace, and City Recorders, shall receive, to his own use, any fees or perquisites of office. 142. SEC. 11. The Justices of the Supreme Court and the offices during District Judges shall be ineligible to any office, other than a judicial office, during the term for which they shall have been elected; and all elections or appointments of any such Judges, by the people, legislature or otherwise, during said period, to any office other than judicial, shall be void. Charge to juries. Style of process. Form of civil action. Judges' salaries, how paid. Court fee. Office, when vacated. .143. SEC. 12. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law. People v. Bonds, 1 Nev. 33; State v. Anderson, 4 Nev. 265; State 144. SEC. 13. The style of process shall be "The State of Nevada," and all prosecutions shall be conducted in the name and by the authority of the same. State ex rel. Curtis v. McCullough, 3 Nev. 202. 145. SEC. 14. There shall be but one form of civil action, and law and equity may be administered in the same action. 146. SEC. 15. The Justices of the Supreme Court and District Judges shall each receive, quarterly, for their services, a compensation to be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, unless in case a vacancy occurs, in which case the successor of the former incumbent shall receive only such salary as may be provided by law at the time of his election or appointment; and provision shall be made by law for setting apart from each year's revenue a sufficient amount of money to pay such compensation; provided, that District Judges shall be paid out of the county treasuries of the counties composing their respective districts. State ex rel. Beatty v. Rhodes, 3 Nev. 240. 147. SEC. 16. The legislature, at its first session, and from time to time thereafter, shall provide, by law, that upon the institution of each civil action and other proceedings, and also upon the perfecting of an appeal in any civil action or proceeding in the several courts of record in this state, a special court fee or tax shall be advanced to the Clerks of said courts, respectively, by the party or parties bringing such action or proceeding, or taking such appeal; and the money so paid in shall be accounted for by such Clerks, and applied towards the payment of the compensation of the Judges of said courts, as shall be directed by law. 148. SEC. 17. 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 more than ninety consecutive days, shall be deemed to have vacated his office. |