peals or any other court by reason of his membership in
such General Assembly. All appeals and other matters pend-
ing in the Court of Appeals on January 1, 1945, shall be
proceeded with and determined by the Court as hereby con-
stituted. In the event and to the extent of any inconsistency
between the provisions of any section amended or added by
this amendment and any of the other provisions of this
Constitution or the provisions of any existing law, the pro-
visions of the sections amended or added shall prevail, and
such other provisions shall be repealed or abrogated to the
extent of such inconsistency, except Section 35A of Article
III of this Constitution; provided, however, that in the event
of any inconsistency between the provisions of the sections
thus amended or added and any of the other provisions of
this Constitution as amended by any other amendments
which may be adopted at the same time as this amendment,
i. e., at the election held in November, 1944, the changes
made by this amendment and all such other amendments
to this Constitution shall all be given effect.'

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 deci-
sion 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 conclusive, as against the party, at whose
motion said points, or questions were reserved; but such de-
cision in bane shall not preclude the right of Appeal, or writ
of error to the adverse party, in those cases, civil or crimi-
nal, in which appeal, or writ of error to the Court of Ap-
peals 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, except when the punishment is
confinement in the Penitentiary; and this Section shall be
subject to such provisions as may hereafter be made by
Law.

i Added by Chapter 796, Acts of 1943, ratified Nov. 7, 1944.