[Art. 4] JUDICIARY DEPARTMENT 107

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 ques-
tions to the Court in banc, and the decision of the said Court in banc 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 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,
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. Costigin 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.

Sec. 23. The Judges of the respective Circuit Courts of this State and
of the Courts of Baltimore City, shall render their decisions in all cases
argued before them, or submitted for their judgment, within two months
after the same shall have been so argued or submitted.

Sec. 24. The salary of each Chief Judge, and of the Judge of the Court
of Appeals from the City of Baltimore, shall be three thousand five hun-
dred dollars, and of each Associate Judge of the Circuit Court, shall be
two thousand eight hundred dollars per annum payable quarterly, and
shall not be diminished during his continuance in office. ¹

Secs. 6, 24 and 31 referred to in holding that judges' salaries are not subject to State
income tax (1937, Sp. Sess., ch. 11). Gordy v. Dennis, 176 Md. 106.

Under art. 4, sec. 28, and under art. 1, sec. 7, of the Constitution of 1864, it was held,
notwithstanding the language used in art. 4, sec. 3, of the same Constitution, that
a judge was not entitled to salary between the date of his qualification after the
election returns and the date of his qualification after the house of delegates estab-
lished his right to the office. Jump v. Spence, 28 Md. 10.

Sec. 25. There shall be a Clerk of the Circuit Court for each County,
who shall be elected by a plurality of the qualified voters of said County,
and shall hold his office for six ² years from the time of his election, and until
his successor is elected and qualified, and be re-eligible, subject to be
removed for wilful neglect of duty or other misdemeanor in office, on con-
viction in a Court of Law. In case of a vacancy in the office of Clerk of a Cir-
cuit Court, the Judges, of said Court shall have power to fill such vacancy

¹ By the act of 1927, ch. 235, the salary of the chief judges was increased to eleven
thousand five hundred dollars, and of the associate judges to eight thousand five hundred
dollars per annum.

² Term now four years under Art. 17 of Md. Constitution.