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sentiment or indictment of a grand jury, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation having been first taken or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.
Sec. 9. Every citizen may freely speak, write, and publish his sentiment on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions, and civil actions for libels, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted or exonerated.
Sec. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress or grievances.
Sec. 11. The military shall be subordinate to the civil power. No standing army shall be maintained by this State in time of peace, and in time of war no appropriation for a standing army shall be for a longer time than two years.
Sec. 12. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner to be prescribed by law.
Sec. 13. Representation shall be apportioned according to population.
Sec. 14. The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempt. ing a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; and there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisoned for a militia fine in time of peace.
Sec. 15. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
Sec. 16. Foreigners who are, or who may hereafter become, bona fide residents of this State shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property as native born citizens.
Sec. 17. Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.
Sec. 18. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.
Sec. 19. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort; and no person shall be convicted of treason unless on the testimony of two witnesses of the same overt act, or on confession in open court.
Sec. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people.
Right of Suffrage. Section 1. Every male citizen of the United States (not laboring under the disabilities named in this constitution), of the age of twenty-one years and upwards, who shall have actually and not constructively, resided in the State six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all questions submitted to the electors at such election: Provided, That no person who has been or may be convicted of treason or felony in any State or Territory of the United States, unless restored to civil rights; and no person who, after arriving at the age of eighteen years, shall have voluntary borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government; and no idiot or insane person shall be entitled to the privilege of an elector.
Sec. 2. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any alms-house or other asylum, at public expense; nor while confined in any public prison.
Sec. 3. The right of suffrage shall be enjoyed by all persons otherwise entitled to the same, who may be in the military or naval service of the United States: Provided, The votes so cast shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and, provided further, That the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the nanner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this Constitution.
Sec. 4. During the day on which any general election shall be held in this State, no qualified elector shall be arrested by virtue of any civil process.
Sec. 5. All elections by the people shall be by ballot, and all elections by the Legislature, of either branch thereof, shall be by viva voce.
Sec. 6. Provision shall be made by law for the registration of the names of the electors within the counties of which ther may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths as may be deemed necessary, as a test of electoral qualifications.
Sec. 7. The Legislature shall provide by law for the pay. ment of an annual poll tax of not less than two nor exceeding four dollars from each male person resident in the State, between the ages of twenty-one and sixty years (uncivilized American Indians excepted), one-half to be applied for State, and one-half for county purposes; and the Legislature may, in its discretion, make such payment a condition to the right of voting
Sec. 8. All persons qualified by law to vote for Representatives to the General Assembly of the Territory of Nevada on the twenty-first day of March, A. D. eighteen hundred and sixty-four, and all other persons who may be lawful voters in said Territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution.
Distribution of Powers. Section 1. The powers of the government of the State of Nevada shall be divided into three separate departments—the legislative, the executive and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted.
Legislative Department Section 1. The legislative authority of this state shall be vested in a Senate and Assembly, which shall be designated “The Legislature of the State of Nevada," and the sessions of such Legislature shall be held at the seat of government of the State.
Sec. 2. The sessions of the Legislature shall be biennial, and shall commence on the third Monday of January next ensuing the election of members of the Assembly, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.
Sec. 3. The Members of the Assembly shall be chosen biennially, by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, and their terın of office shall be two years from the day next after their election.
Sec. 4. Senators shall be chosen at the same time and places as Members of the Assembly, by the qualified electors of their respective districts, and their term of office shall be four years from the day next after their election.
Sec. 5. Senators and Meinbers of the Assembly, shall be duly qualified electors in the respective counties and districts which they represent, and the number of Senators shall not be less
than one-third nor more than one-half of that of the Members of the Assembly.
Sec. 6. Each House shall judge of the qualifications, elections, and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings, and may punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members, elected, expel a member.
Sec. 7. Either House, during the session, may punish, by imprisonment, any person, not a member, who shall have been guilty of disrespect to the House by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session.
Sec. 8. No Senator or Member of Assembly shall, during the term for which he shall have been elerted, nor for one year thereafter, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased during such term, except such office as may be filled by elections by the people.
Sec. 9. No person holding any lucrative office under the government of the United States, or any other power, shall be eligible to any civil office of profit under this State: Provided, That postmasters whose compensation does not exceed five hundred dollars per annum, or commissioner of deeds, shall not be deemed as holding a lucrative office.
Sec. 10. Any person who shall be convicted of the embezzlement or defalcation of the public funds of this State, or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this State; and the Legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony.
Sec. 11. Members of the Legislature shall be privileged from arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session.
Sec. 12. When vacancies occur in either House, the Gov. ernor shall issue writs of election to fill such vacancy.