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SECT. 9. No bill shall be passed by the Legislature granting any powers or privileges in any case where the authority to grant such powers or privileges has been, or may hereafter be conferred upon the courts of this Commonwealth.

ARTICLE XII.†

OF NEW COUNTIES.

No county shall be divided by a line cutting off over one-tenth of its population, (either to form a new county or otherwise,) without the express assent of such county, by a vote of the electors thereof; nor shall any new county be established, containing less than four hundred square miles.

SCHEDULE

TO THE AMENDMENTS OF 1838.

That no inconvenience may arise from the alterations and amendments in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is herewith declared and ordained that

Former Laws.

I. All laws of this Commonwealth, in force at the time when the said alterations and amendments in the said Constitution shall take effect, and not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made.

*Second amendment of 1857.
+Amendment of 1854.

Amendments, when to take Effect.

II. The alterations and amendments in the said Constitution shall take effect from the first day of January, eighteen hundred and thirty-nine.

Articles Unaltered to Remain as Heretofore.

III. The clauses, sections and articles of the said Constitution, which remain unaltered, shall continue to be construed and have effect as if the said Constitution had not been amended.

First General Assembly.

IV. The General Assembly which shall convene in December, eighteen hundred and thirty-eight, shall continue its sessions as heretofore, notwithstanding the provisions in the eleventh section of the first article, and shall, at all times, be regarded as the first General Assembly under the amended Constitution.

Executive Inauguration.

V. The Governor who shall be elected in October, eighteen hundred and thirty-eight, shall be inaugurated on the third Tuesday in January, eighteen hundred and thirty-nine; to which time the present executive term is hereby extended.

Expiration of Commissions of Judges of Supreme Court. VI. The commissions of the judges of the Supreme Court, who may be in office on the first day of January next, shall expire in the following manner: The commission which bears the earliest date shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-two; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and forty-five; the commission next dated

shall expire on the first day of January, Anno Domini one thousand eight hundred and fortyeight; the commission next dated shall expire on the first day of January, Anno Domini one thousand eight hundred and fifty-one; and the commission last dated shall expire on the first day of January, Anno Domini one thousand eight hundred and fifty-four.

Expiration of Commissions of President Judges.

VII. The commissions of the president judges of the several judicial districts, and of the associate law judges of the First judicial district, shall expire as follows: The commissions of one-half of those who shall have held their offices ten years or more at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and thirtynine; the commissions of the other half of those who shall have held their offices ten years or more, at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and fortytwo; the first half to embrace those whose commissions shall bear the oldest date. The commissions of all the remaining judges, who shall not have held their offices for ten years at the adoption of the amendments to the Constitution, shall expire on the twenty-seventh day of February next after the end of ten years from the date of their commissions.

Recorders' and Mayors' Courts, &c.

VIII. The recorders of the several mayors' courts and other criminal courts in this Commonwealth,

shall be appointed for the same time and in the same manner as the president judges of the several judicial districts; of those now in office, the commission oldest in date shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-one, and the others every two years thereafter, according to their respective dates; those oldest in date expiring first.

Classification of Associate Judges.

IX. The Legislature, at its first session under the amended Constitution, shall divide the other associate judges of the State into four classes. The commissions of those of the first class shall expire on the twenty-seventh day of February, eighteen hundred and forty; of those of the second class on the twenty-seventh day of February, eighteen hundred and forty-one; of those of the third class on the twenty-seventh day of February, eighteen hundred and forty-two; and of those of the fourth class on the twenty-fourth day of February, eighteen hundred and forty-three. The said classes, from the first to the fourth, shall be arranged according to the seniority of the commissions of the several judges. Election of Public Officers.

X. Prothonotaries, clerks of the several courts, (except of the Supreme Court,) recorders of deeds, and registers of wills, shall be first elected, under the amended Constitution, at the election of Representatives, in the year eighteen hundred and thirtynine, in such manner as may be prescribed by law. Appointing Power as Heretofore.

XI. The appointing power shall remain as heretofore, and all officers in the appointment of the Ex

ecutive department, shall continue in the exercise of the duties of their respective offices, until the Legislature shall pass such laws as may be required by the eighth section of the sixth article of the amended Constitution, and until appointments shall be made under such laws, unless their commissions shall be superseded by new appointments, or shall sooner expire by their own limitations, or the said offices shall become vacant by death or resignation; and such laws shall be enacted by the first Legislature under the amended Constitution.

First Election of Aldermen and Justices of the Peace. XII. The first election of aldermen and justices of the peace shall be held in the year eighteen hundred and forty, at the time fixed for the election of constables. The Legislature at its first session under the amended Constitution shall provide for the said election, and for subsequent similar elections. The aldermen and justices of the peace now in commission, or who may in the interim be appointed, shall continue to discharge the duties of their respective offices until fifteen days after the day which shall be fixed by law for the issuing of new commissions, at the expiration of which time their commissions shall expire.

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