
    Commonwealth, ex rel., v. Mallans, Appellant.
    
      Public officers — Assessors in boroughs — Constitutional amendment of 1909, P. L. 95b.
    
    Under the schedule for the amendment of the Constitution adopted in 1909, the term of office of an assessor in a borough, chosen at the February election in 1910, ended on the first Monday of December, 1911, and was not extended until the first Monday of December, 1913.
    Argued Feb. 18, 1913.
    Appeal, No. 289, Jan. T., 1913, by defendant, from judgment of C. P. Schuylkill Co., July T., 1912, No. 62, in favor of relator, on suggestion and answer in case of Commonwealth of Pennsylvania ex rel. Thomas. Wood v. George Malians. Before Fell, C. J.,
    Brown, Mestbezat, Stewart and Moschzisker, JJ.
    Reversed.
    Quo warranto to try title to office. Before Bechtel, P. J.
    
      March 17, 1913:
    
      Error assigned was in entering judgment for tbe relator.
    
      'Arthur L. Shay, for appellant.,
    
      O. E. Berger and M. M. Bur Ice, for appellée.
   Per Curiam,

Tbe question involved in tbis appeal is wbetber under tbe schedule for tbe amendment of tbe Constitution adopted in 1909, tbe term of office of an assessor elected at tbe February election in 1910 ended on tbe first Monday of December, 1911, or was extended until tbe first Monday of December, 1913. Since tbe judgment appealed from was entered in tbe Common Pleas, tbe same question was considered by tbis court in Commonwealth v. Samuel, 238 Pa. 155, and it-was decided that tbe term was not extended.

The judgment is reversed at tbe cost of tbe appellee.  