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What Laws

Shall Remain In
Force.

XXI.

SCHEDULE.

OHIO. Schedule S 1. All laws of this state in force on the first day of September, one thousand eight hundred and fifty one, not inconsistent with this constitution, shall continue in force until amended or repealed.

Similar provisions in other constitutions:

Ala. Schedule 1; Ariz. A 22, S 1; Ark. Schedule S 1; Cal. A 22, S 1 & 11; Colo. Schedule S 1; Conn. A 10, S 3; Ill. Schedule S 18; Fla. A 18, 2; Ga. A 12, S 1; Idaho A 21, S 2; Ill. Schedule, Par. 1; Ind. Schedule, first; Ia. A 12, S 2; Kan. Schedule S 4; Ky. Schedule, 1; La. A 325; Me. A 10, S 1; Mass. Chap. 6, A 6; Mich. Schedule S 1; Minn. Schedule S 2; Miss. S 274; Mo. Schedule, S 1; Mont. A 20, S 1; Neb. A 16, S 1; Nev. A 17, S 2; N. H. A 89; N. J. A 10, S 1; N. M. A 22, S 4; N. Y. A 1, S 16; N. D. Schedule, S 2; Okla. Schedule, S 2; Ore. A 16, S 7; Pa. Schedule, S 2; R. I. A 14, S 1; S. C. A 17, S 10 & 11; Tenn. A 11, S 1; Tex. A 16, S 48; Utah A 24, S 2; Va. Schedule, S 1; Wash. A 27, S 2; Wis. A 14, S 2 & 13; Wyo. A 21, S 3.

(1) The following dissimilarities are to be noted in the above cited constitutions:

(a) To the words "amended or repealed" are added the words
"until repealed by the legislature" or words to that effect:

Ariz.; Colo.; Conn.; Fla.; Idaho; Ind.; Iowa; Kan.; La.; Me.; Mich.;
Minn.; Miss.; Mont.; Nev.; N. J.; N. M.; N. Dak.; Okla.; R. I.;
S. C.; Tenn.; Tex.; Utah; Va.; Wash.; Wis.; Wyo.

(b) In four states the form "shall be of the same force as if
this constitution had not been adopted," is used:

Colo.; Ill.; Neb, Pa.

(c) In a few states the common and the statute law is named: Mich.; N. J.; N. Y.; Va.; Wis.

(d) Miss. S 285, has an additional section. "The adoption of this constitution shall not have the effect nor shall it be construed, to revive or put in force any law heretofore abrogated or repealed:

(e) Existing laws inconsistent with the constitution shall cease to be in force:

N. Y. A 1, S 16; La. A 12, S 1.

(f) Inconsistent laws which require legislation to enforce them are to remain in force until such legislation is adopted:

La. A 325; S. C. A 17, S 11; Cal. A 22, S 1 (or until a fixed date unless sooner repealed); Mo. Schedule, S 1 (until legislation is adopted or inconsistent laws repealed).

"Typical provisions:

Ariz. A 22, S 2. All laws of the territory of Arizona now in force, not repugnant to this constitution, shall remain in force. as laws of the State of Arizona until they expire by their own limitations or are altered or repealed by law; Provided, that wherever the word Territory, meaning the Territory of Arizona, appears in said laws, the word State shall be substituted.

Ill. Schedule, P 1. That all laws in force at the adoption of this constitution, not inconsistent therewith, * * * shall continue to be as valid as if this constitution had not been adopted.

Ky. Schedule 1. The provisions of all laws which are inconsistent with this constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions as require legislation to enforce them, shall remain in force until such legislation is had, but not longer than six years after the adoption of this constitution, unless sooner amended or repealed by the general assembly.

Mich. Schedule, S 1. The common law and the statute laws now in force, not repugnant to this constitution, shall remain in force until they expire by their own limitations, or are altered or repealed.

Miss. S 274. All statute laws of this state repugnant to the provisions of this constitution, except as provided in the next three sections, shall continue and remain in force until the first day of April, A D. 1892, unless sooner repealed by the legisiature. (A delay of seventeen months, as by the closing section of the constitution, the constitution is to take effect November 1, 1890.)

New Mexico A 22, S 4. All laws of the Territory of New Mexico in force at the time of its admission into the Union as a state, not inconsistent with this constitution, shall be and remain in force as the laws of the state until they expire by their own limitation, or are altered or repealed.

New York A 1, P 16. Such parts of the common law, and of the acts of the Legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred and seventy-five, and the resolutions of the Congress of the said colony, and of the convention of the state of New York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered; and such acts of the Legislature of this State as are now in force,

shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.

Oklahoma, Schedule, S 2. All laws in force in the Territory of Oklahoma at the time of the admission of the state into the Union, which are not repugnant to this Constitution, and which are not locally inapplicable, shall be extended to and remain in force in the State of Oklahoma until they expire by their own limitation or are altered or repealed.

Texas A 16, S 48. All laws and parts of laws now in force in the State of Texas, which are not repugnant to the Constitution of the United States or to this Constitution, shall remain in force as the laws of this State until they expire by their own limitation or shall be amended or repealed by the legislature.

(2) The legislature shall enact all laws necessary to carry the provision of the Constitution into effect:

Ala. A 17, S 282; Ariz. A 22, S 21; Colo. Schedule, S 4; Del. Schedule, S 19; Idaho A 21, S 15; Ill. Schedule, Par. 19; Neb. A 16, S 20; N. J. A 10, S 12; N. M. A 22, S 21; Pa. Schedule, S 31; Va. Schedule, S 20; Wyo. A 21, S 14.

(3) Commissions to be appointed by the governor shall prepare statement of laws needed to bring code and new constitution into harmony and shall present the same to the legislature:

Ky. S 245. Upon the promulgation of this Constitution, the Governor shall appoint three persons, learned in the law, who shall be commissioners to revise the statute laws of this Commonwealth, and prepare the amendments thereto, to the end that the statute laws shall conform to and effectuate this Constitution. Such revision and amendments shall be laid before the next General Assembly for adoption or rejection, in whole or in part. The said Commissioners shall be allowed ten dollars. each per day for their services, and also necessary stationery, for the time during which they are actually employed; and upon their certificate the Auditor shall draw his warrant upon the Treasurer. They shall have the power to employ clerical assistants, at a compensation not exceeding ten dollars per day in the aggregate. If the Commissioners, or any of them, shall refuse to act, or a vacancy shall occur. the Governor shall appoint another or others in his or their place.

Miss. S 278. The Governor shall, as soon as practicable, appoint three suitable persons learned in the law, as Commissioners. whose duty it shall be to prepare and draft such general laws as are contemplated in this constitution, and such other laws as shall be necessary and proper to put into operation the provisions thereof, and as may be appropriate to conform the general

statutes of the State to the Constitution. Said Commissioners shall present the same when prepared to the Legislature at its next regular session. And the Legislature shall provide reasonable compensation therefor.

Mich. Schedule, S 8. The attorney general of the state shall prepare and report to the legislature at the commencement of the next session such changes in existing laws as may be deemed necessary to adapt the same to this Constitution.

OHIO. Schedule S 2. The first election for members of the 2.
general assembly, under this constitution, shall be held on the
second Tuesday of October, one thousand eight hundred and
fifty-one.

Sect. 2.
The first election for governor, lieutenant governor,
auditor, treasurer, and secretary of state and attorney general,
shall be held on the second Tuesday of October, one thousand
eight hundred and fifty-one. The persons, holding said offices
on the first day of September, one thousand eight hundred and
fifty-one, shall continue therein, until the second Monday of
January, one thousand eight hundred and fifty-two.

Sec. 4.
The first election for judges of the supreme court,
courts of common pleas, and probate courts, and clerks of the
court of common pleas, shall be held on the second Tuesday
of October, one thousand eight hundred and fifty-one, and the
official term of said judges and clerks, so elected, shall com-
mence on the second Monday of February, one thousand eight
hundred and fifty-two. Judges and clerks of the courts of com-
mon pleas and supreme court, in office on the first day of Sep-
tember, one thousand eight hundred and fifty-one, shall con-
tinue in office with their present powers and duties, until the
second Monday of February, one thousand eight hundred and
fifty-two. No suit or proceeding pending in any of the courts
of this state, shall be affected by the adoption of this constitu-
tion.

Sec. 5. The register and receiver of the land office, directors
of the penitentiary, directors of the benevolent institutions, of
the state, the state librarian, and all other officers, not other-
wise provided for in this constitution, in office on the first day
of September, one thousand eight hundred and fifty-one shall
continue in office until their terms expire, respectively, unless
the general assembly shall otherwise provide.

Sec. 6. (Refers to continuance of superior courts of Cincinnati and Cleveland.)

First Election Under New Constitution.

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Sec. 7. All county and township officers and justices of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.

When first elections under new constitution shall take place:

some a brief state

Most of the constitutions have similar provisions
ment. (See Ore. A 18, S 6); others, more detailed provisions regarding
the elections. (See Idaho A 21, S 8-12.)

(Ohio see S 5 supra).

Present officers shall continue in office until the officers chosen under the new constitution can qualify:

Similar provisions in other constitutions:

Ala. Schedule 3; Ariz. A 22, S 6; Ark. Schedule, S 24; Colo. Schedule,
S 10 & 12; Conn. A 10, S 3; Del. Schedule, S 6, 7 & 16; Fla. A 18, S 3;
Idaho A 21, S 5; Ill. Schedule, Par. 6; Ind. Schedule, 5, 7, 10; Iowa A 12,
S 10 & 11; Kan. Schedule, S 3; Ky. Schedule, 4 & 5; La. A 325, Fifth;
Md. A 15, S 3; Mich. Schedule, S 5; Minn. Schedule, S 5; Mo. Schedule,
S 6; Mont. A 20, S 17; Neb. A 16, S 5 & 6; Nev. A 17, S 13 & 14;
N. J. A 10, 2 & 3; Okla. Schedule, S 5, 10, 18 & 19; Ore. A 18, S 8;
Pa. Schedule, S 10, 13 & 26; S. C. A 17, S 11, 6; Tenn. Schedule, S 1;
Tex. A 16, S 17; Utah A 24, S 10; Va. Schedule, S 7, 8, 9, 10, 11, 12, 14,
15 and 17; Wash. A 27, S 6 & 14; Wis. A 14, S 5 & 7; Wyo. A 21,
S 6 & 19.

Alabama, Schedule, 3. That all the executive and judicial offi-
cers and all other officers in this State, who were elected at the
elections held in this state on the first Monday in August in
the years eighteen hundred and ninety-eight and nineteen hun-
dred, or who have been appointed since that time and all mem-
bers of the present General Assembly and all who may be here-
after elected members of the present General Assembly, and
all other officers holding office at the time of the ratification of
this constitution, shall, except otherwise provided in this con-
stitution, continue in office and exercise the duties thereof until
their respective terms shall expire as provided by the constitution
of eighteen hundred and seventy-five, (that is, by the old Con-
stitution) or the laws of this state.

Arizona A 22, S 6. All territorial, district, county and precinct officers who may be in office at the time of the admission of the State into the Union shall hold their respective offices, until their successors shall have qualified and the official bonds of all such officers shall continue in full force and effect while such officers remain in office.

Illinois, Schedule, P 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof

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