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Eighth,) there shall be a Chief Judge, and two Associate
Judges, to be styled Judges of the Circuit Court, to be
elected, or appointed as herein provided. And no two
of said Associate Judges shall, at the time of their elecr
tion, or Appointment, or during the term for which they
may have been elected, or appointed, reside in the same
County. If two or more persons shall be candidates for
Associate Judge, in the same County, that one only in
said County shall be declared elected, who has the highest
number of votes in the Circuit. In case any two candi-
dates for Associate Judge, residing in the same County,
shall have an equal number of votes, greater than any
other candidate for Associate Judge, in the Circuit, it
shall be the duty of the Governor to order a new election
for one Associate Judge; but the person, residing in any
other County of the Circuit, and who has the next high-
est number of votes shall be declared elected. The said
Judges shall hold not less than two terms of the Circuit
Court in each of the Counties, composing their respec-
tive Circuits, at such tunes as are now, or may hereafter
be prescribed, to which Jurors shall be summoned; and
in those Counties, where only two such terms are held,
to 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 prescribed, and
shall adopt rules to the end that all business not requir-
ing the interposition of a Jury shall be, as far as prac-
ticable, disposed of at said intermediate terms. One
Judge7 in each or the above Circuits, shall constitute a
quorum for the transaction of any business; and the said
Judges, or any of them, may hold Special Terms of their
Courts, whenever, in their discretion, the business of the
several Counties renders such Terms necessary.
SEC. 22. Where any term is held, or trial conducted by
less than the whole number of said Circuit Judges, upon
the 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 rules, the mode and
manner of presenting such points, or questions to the
court in bane, and the decision of the said court in bane
shall be the effective decision in the premises, and con-
569
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