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emoluments from 1860 to 1866, inclusive, $45, 771. 98—be-
ing an average for each year of $6, 538. 85.
There was no doubt that large amounts were annually
withheld which rightfully should be returned, and he (Mr.
G. ) proposed, before their work was completed, to insert
a provision which should go to the bottom of this matter.
The question was then taken on the motion of Mr.
Archer to strike out the entire section, when it was dis-
agreed to.
Mr. Alvey submitted the following as an additional sec-
tion, to be known as section 21.
"Where any term is held or trial conducted by one of
said judges alone, upon decision or determination of any
point or question by him, it shall be competent to the party
or parties against whom the ruling or decision is made,
upon motion, to have the point or question reserved for
the consideration of the three judges of the circuit, who
shall constitute a court in bane for such purpose, or said
party or parties may elect to have said decision or deter-
mination reserved on appeal to the Court of Appeals,
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 was made, and such motion shall be a waiver
of the right of appeal 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 bane, 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 decision of the said judge in bane
shall be the effective determination of the point or ques-
tion reserved, and judgment or other proceedings shall
be had therefor. The right of having questions reserved
shall not, however, apply to trials of appeal from justices
of the peace. "
Mr. Alvey argued in favor of his amendment, after
which the chairman of the committee stated that it was
not at present in order, the 20th section not being finally
disposed of.
Mr. Mackubin offered an amendment to the 20th sec-
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