ART. IV] JUDICIARY DEPARTMENT. 81

renders such terms necessary. The additional associate judge for the
third circuit herein provided for, shall be elected hy the qualified voters
of Baltimore and Harford counties, at the first election that shall he
held in said counties subsequent to the adoption of this amendment, and
the judge so elected shall be subject to the same constitutional pro-
visions, hold his office for the same term of years, receive the same com-
pensation and have the same powers as are herein provided for the other
associate judges in the third circuit.]*

The portion of this section providing that one judge shall constitute a
quorum, referred to in construing article 8 of the declaration of rights—
see notes thereto. Robey v. Prince George's County, 92 Md. 163. And see
Beasley v. Ridout, 94 Md. 659.

Non-jury terms or, as designated in this section, "intermediate terms
to which jurors shall not be summoned," held to be regular terms. Downs
v. State, 78 Md. 130.

This section referred to in upholding certain rules of the circuit court
for Prince George's county dealing with jury and non-jury cases. Gambrill
v. Parker, 31 Md. 5.

See notes to article 4, sections 19 and 32.

Sec. 22. Where any Term is held, or trial conducted by less than
the whole number of said Circuit Judges, upon the decision or determi-
nation 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 present-
ing 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 conclusive, as against the party at whose motion said points or ques-
tions 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 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.

The proceeding under this section is in substitution of an appeal to the
court of appeals; this section is not to be extended beyond its terms.
The word "sitting" is not synonymous with "term"; a party has until
the adjournment of the court for the day to determine whether he will
have his appeal to the court in bane or to the court of appeals. Court in

banc held to have no jurisdiction since the motion for an appeal thereto
was not entered on time. Costisin v. Bond, 65 Md. 124.

The decision of the court in banc upon the questions before it and as
regards the party taking the appeal, concludes the case as effectually as
a decision of the court of appeals could do. Shueey v. Stoner 47 Md. 167.

*Thus amended by the act of 1912, chapter 515, ratified November 4, 1913
6