ART. 75] POINTS FOR COURT IN BANC——SPECIAL CASE. 1691

for the party at whose instance the point or question shall be reserved,
to elect to have such point or question decided by the remaining judges
or judge who may be qualified to sit in such cause, or to have the cause
removed to some other court of a different circuit for the decision of the
judges thereof, or of such of said judges who may be qualified to sit in
such cause in banc, or to take an appeal to the court of appeals; and if
such party or his counsel shall fail to make and file such election in writ-
ing within thirty days after the announcement of such disqualification,
or within thirty days after the trial of the cause, in case such announce-
ment shall have been made before the trial, then such point or question
shall be decided by the remaining judges or judge, who may be qualified
to sit in such cause; provided, that every point or question reserved
upon a motion for a new trial shall be decided by the remaining judges
or judge who may be qualified to sit in such cause.

1904. art. 75, sec. 120. 1888, art. 75, sec. 113. 1868, ch. 441, sec. 2. Ante art. 5,
sec. 11. 1894. ch. 33, sec. 10 A.

122. Points or questions reserved for the court in banc shall be
taken by means of exceptions, to be reduced to writing, and signed by
the judges or judge before whom the cause may be tried, and so framed
that the point or question may be fully presented as to both law and fact
in case the cause shall be transmitted to the court of appeals instead of
being heard by the court in banc.

Ibid. sec. 121. 1888, art. 75, sec. 114. 1868, ch. 441. sec. 3.

123. Whenever any cause shall be removed to any other court upon
a point or question reserved for the court in banc, as herein provided, the
said cause shall remain in the said court for trial as if the same had
originated therein.

Special Case Stated.

Ibid. sec. 122. 1888, art 75, sec. 115. 1888, ch. 264.

124. At any stage of an action or proceeding in a court of law, the
court may, on application of any party in interest, or of its own motion
if it shall appear that there is a question or questions of law which it
would be convenient to have decided before going further, direct such
question or questions to be raised for the court's decision, either upon a
special case stated, or in such other manner as the court may order; and
all such further proceedings as may be rendered unnecessary by the deci-
sion of such question or questions shall upon the decision be stayed, and
such special case stated, or such proceedings as show the questions so
decided and the decision thereon shall form part of the record and be
reviewable on appeal after final judgment in the case.

For a case Involving an application under this section, see Chesapeake, etc.,
Towing Co. v. Western Assurance Co., 99 Md. 440.

As to a case by consent, see sec. 52, et seq.

See art. 16, sections 205 and 206.