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The Bill of Rights was then pas d—yeas 72, nays 17—
Messrs. Austen, Brewer of Baltimore city, Brewer of
Montgomery, Cosgrove, Dorsey, Duvall, Hubbard, Ham-
mond, Jamison, McPherson, Mitchell, Nelson, Peters,
Riggs, Stoddert, Tarr of Caroline and Wilkinson.
The report of the committee on the judiciary was then
taken up.
Mr. Alvey proposed the following as an additional sec-
tion:
"Where any term is held, a trial conducted by less than
the whole number of said circuit judges, upon decision 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 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, 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 rule the mode and manner of presenting
such points or questions to the court in bane, and the de-
cision of the said court in bane shall be the effective de-
cision in the premises and conclusive as against the party
at whose motion said points or questions were reserved,
but such decision in bane shall not preclude the right of
appeal or writ of error to the adverse party in those cases
in which appeal 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 justices of the peace. '
Mr. Syester moved to insert after the words "all cases"
the words "civil and criminal, " which was accepted by
Mr. Alvey.
Mr. Hayden offered the following amendment to the
amendment, which was adopted:
"Add to the end of the section, 'nor to criminal cases
below the grade of felony, except where the punishment
is confinement in the penitentiary, and this shall be sub-
ject to such provisions as may hereafter be made by
law. '"
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383
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