elected from Frederick County one of the associate judges shall
be a resident of said county and the two remaining associate
judges shall be residents of Montgomery County and when the
Chief Judge is elected from Montgomery County one of the
associate judges shall be a resident of said Montgomery Coun-
ty and the remaining two associate judges residents of Fred-
erick County. 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 can-
didates to be declared elected, but the election of such candid-
ate 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 number of associate judges from said county and the
candidate or candidates as the case may be, residing in the
other county, and not similiary disqualified, who shall have
the next highest number of votes in said election shall be
declared elected. If, by reason of such a condition or by reason
of an equal vote for two or more candidates a sufficient number
of associate judges duly qualified 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 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-
clusive, as against the party at whose motion said points or
question 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, civil or criminal, in which appeal or writ of error
to the Court of Appeals may be allowed by law. The right

i Thus amended by Chapter 494, Acts of 1937, and ratified by the pelple November 8,
1938. Ch. 200 of 1939 submits an amendment to this section, providing lor an additional
Judge in the Seventh Circuit, and Ch. 371, 1939, submits an amendment to this section, provid-
ing that at least one Judge of the Thurd Circuit shall reside in Harford County and two Judges
in Baltimore County.
Both of these amendments will be voted upon by the people in November, 1940.