In case any candidate or candidates for associate judge
at any judicial election held in the sixth judicial circuit
shall receive sufficient votes to cause such candidate or
candidates to be declared elected, but the election of such
candidate or candidates would cause more associate judges
than herein permitted to reside in any county of said
circuit, then and in that event only that candidate or
those candidates, as the case may be, residing in said
county in the order of the votes received shall be declared
elected whose election would provide the permitted num-
ber of associate judges from said county and the can-
didate or candidates as the case may be, residing in the
other county, and not similarly disqualified, who shall
have the next highest number of votes in said election
shall be declared elected. If, by reason of such a condi-
tion or by reason of an equal vote for two or more candi-
dates a sufficient number of associate judges duly quali-
fied as to residence as above set out should not be elected
at any election in said sixth judicial circuit, then it shall
be the duty of the Governor to order a new election for
such unfilled office or offices'

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 'banc 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 banc, and the decision of the said court in
bane 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 adverse
party in those cases, civil or criminal, 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 judgments of Justices of the
Peace, nor to criminal cases below the grade of felony, ex-
cept when the punishment is confinement in the peniten-
tiary; and this section shall be subject to such provisions
as may hereafter be made by law.

1Thus amended by Chapter 494, Acts of 1937, and ratified by the people
November 8, 1938.