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of territory.

officers.

ment, and which shall not be prosecuted before such change, muy be prosecuted in the name and by the authority of the Criminal State of Nevada with like effect as though such change had not prosecutions. 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 proceedings which may

be pending in any of the courts of the territory of Nevada at the against laws 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 Actions, etc., other legal proceedings, which may be pending in any of the tinued. 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.

State v. Tilford, 1 Vey. 240. 205. Sec. 5. For the first term of office succeeding the salaries of 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 sulary 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 saluries of the foregoing officers shall be paid quarterly out of the state treasury. The pay of State Senators and members Pay of Senaof assembly shall be eight dollars per day for each day of actual

Assenubly. service, and forty cents per mile for mileage going to and men. returning from the place of meeting. No officer mentioned in this section shall receive any fee or perquisites to his own use officers not to for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him by law.

tors and

Crossman v. Nightingill, 1 Nev. 323; State ex rel. Beatty v. Rhoades,

3 Nev, 210: Denver v. Hobart, 10 Yev. 28.

receive perquisites.

Territorial

Term of

Term of Senators.

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.

207. SEC. 7. All debts and liabilities of the territory of indebtedness 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.

208. Sec. 8. The term of state officers (except judicial) giate officers. elected at the first election under this constitution, shall con

tinue 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.

209. Sec. 9. The Senators to be elected at the first election under this constitution shall draw lots, so that the term of onehalf 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.

210. Sec. 10. At the general election in A. D. eighteen hundred and sixty-six, 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 hereinbefore provided, so that one-half the number, as nearly as may be, shall be elected every two years.

211. Sec. 11. The term of the members of the assembly semblymen. 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.

212. Sec. 12. The first regular session of the legislature Jegislature.

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 regular sessions of the legis

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Term of Sen. ators fixed.

Term of As.

Sessions of

cers of Lander county.

lature shall be held thereafter biennially, commencing on the first Monday of January.

213. Sec. 13. All county officers under the laws of the County offiterritory of Nevada, at the time when the constitution shall ued in ottica 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 town-Township ship officers shall continue in office until the expiration of their officers. terms of office, and until their successors are elected and qualified; provided, that the Probate Judges of the several counties Proviso. 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 County offipresent 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 sixty-seven, and until their successors are elected and qualified.

State v. Tilford, 1 Nev. 241 ; Cordiell v. Frizell, 1 Ver. 130. 214. Sec. 14. The Governor, Secretary, Treasurer, and Territorial Superintendent of Public Instruction of the territory of Nevada, shall each continue to discharge the duties of their office until respective offices after the admission of this state into the Union,

qualification and until the time designated for the qualification of the above of state 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.

215. Sec. 15. The terms of the supreme court shall, until Terms of provision be made by law, be held at such times as the judges mined. 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 sixtyfour, 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

officers con. tinued in

tin e for

officers.

Salaries of
District
Judges.

District

when to

the county seat of Wushoe county, and the first term thereof commence on the first Monday of December, A. D. eighteen hundred and sixty-four.

216. Sec. 16. The Judges of the several district courts of this state shall be paid as hereinbefore 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 thousand dollars; eighth judicial district, thirty-six hundred dollars; ninth judicial dis

trict, five thousand dollars. Salary of 217. Sec. 17. The salary of any Judge in said judicial disJudge may be

tricts may, by law, be altered or changed, subject to the prochanged. visions contained in this constitution. State officers, 218. Sec. 18. The Governor, Lieutenant-Governor, Secqualify.

retary of State, State Treasurer, State Controller, AttorneyGeneral, 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 succeding their election, and shall continue in Expiration of

office until the first Tuesday after the first Monday of January, A. D. eighteen hundred and sixty-seven, and until the election

and qualification of their successors respectively. Judges, when 219. Sec. 19. The Judges of the Supreme Court and to qualify.

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.

220. Sec. 20. All officers of state, and District Judges first sioned by the 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; Controller 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: und

teric

Officers to be commis

Governor.

and Treasurer to execute boud.

or other state oflicer, how filled. Cases in pro

become vacant before the expiration of the regular term for Cacancy , which he was elected, the vacancy may be filled by appointment tice of by the Governor, until it shall be supplied at the next general Supreme election, when it shall be filled by election for the residue of trict Judge, the unexpired term.

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

224. Sec. 24. For the first three years after the adoption Taxation of this constitution the legislature shall not levy a tax for state

restricied. 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. 261.

Washoe counties.

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

226. SEC. 26. At the first regular session of the legisla- Provision for ture to convene under the requirements of this constitution Priblication provision shall be made by law for paying for the publication etc. 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

Payment convention, and he shall be paid in coin or its equivalent. He of ottical shall receive, for his services in reporting the debates and proceedings, fifteen dollars per day during the session of the convention, and seven and one-half dollars additional for each evening session, and thirty cents per folio of one hundred con pensawords 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.

rel'orter.

tion.

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