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435
PROCEEDINGS
IN COMMITTEE OF THE WHOLE.
Monday, July 22, 1867.
The Committee met.
Mr. Dent in the Chair.
The Committee resumed the consideration of the Report of
the Committee upon the Judiciary Department, with pend-
ing amendments.
The question recurring upon the motion of Mr.
Archer to strike out the 20th Section ;
It was decided in the negative.
Mr. Mackubin offered the following amendment to the 20th
Section :
Sec. 20, line 16, strike out the words "a term," and insert
"not less than two terms ;"
Line 17, strike out the words "time or ;"
Lines 17 and 18, strikeout the words "such terms not to be
less than two in each year," and insert as follows: "To which
Jurors shall be summoned, and not less than two other and
intermediate terms to which Jurors shall not be summoned;
they may alter or fix the times for holding any or all
terms until otherwise provided by law, and shall adopt rules
to the end, that all business not requiring the interposition
of a Jury, shall be as far as practicable, disposed of at said
intermediate terms;"
Which was decided in the negative.
Mr. Alvey offered the following as an additional section
to be inserted as Section 21:
SECTION —. Where any term is held, or trial conducted
by one of said Judges alone, upon decision or deter-
mination of any point or question by him, it shall be compe-
tent to the party or parties against whom the ruling or de-
cision is made, upon motion to have the point or question re-
served for the consideration of the three Judges of the Cir-
cuit, who shall constitute a Court in banc for such purpose ;
or said party or parties may elect, to have said decision or
determination reviewed, on appeal to the Court of Appeals,
in cases where by law an appeal will lie; but in all cases of
points or questions reserved, the motion therefor shall be en-
tered, of record during the sitting, at which such ruling
or decision may be made, and such motion shall be a
waiver of the right of appeal to the Court of Appeals,
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