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502
party or parties against whom the ruling or decision is made,
upon notice, to have the point or question reserved for the
consideration of the three Judges of the Circuit, who shall
constitute a Court in banc for such purpose; or said party or
parties may elect to have said decision or determination re-
viewed 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 entered of record du-
ring the sitting, at which such ruling or decision may be
made, and such motion shall be a waiver of the right of ap-
peal to the Court of Appeals from such decision or judgment;
and in order that the points or questions reserved may be
fairly presented to the Judges in banc, the said Circuit
Judge, trying the cause, shall make full and fair notes of
such of the proceedings before him, other than the pleadings,
as will fully present such points or questions; and the de-
cision of the said Judges in banc, shall be the effective deter-
mination of the point or question reserved, and judgment or
other proceedings shall be had thereupon. The right of hav-
ing questions reserved shall not, however, apply to trials of
appeals from Justices of the Peace ;
Pending which,
Mr. Alvey submitted the following amendment as a sub-
stitute :
Sec, 22. Where any term is held, or trial conducted by
less than the whole number of said Circuit Judges, upon de-
cision or determination of any point or question by the Court,
it shall be competent to the party against whom the ruling
or decision is made, upon notice, to have the point or ques-
tion reserved for the consideration of the three Judges of the
Circuit, who shall constitute a Court in bane for such pur-
pose; and the motion for such reservation shall be entered
of record during the sitting at which such decision may be
made; and the several Circuit Courts shall regulate by rules
the mode and manner of presenting such, points or questions
to the Court in banc; and the decision of the said Court in
lane shall be the effective decision in the premises, and con-
clusive as against the party at whose motion said points or
questions were reserved, but such decision in banc shall
not preclude the right of appeal or writ of error to the ad-
verse party in those cases, civil or criminal, in which ap-
peal or writ of error to the Court of Appeals may be allowed
by law. The right of .having questions reserved shall not,
however, apply to trials of appeals from judgments of Jus-
tices of the Peace;
Mr. Hayden submitted the following amendment:
Add at end of Section submitted by Mr. 'Alvey :
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