ART. 75.] PLEADING, PRACTICE AND PROCESS.

court in bane, and either of the judges of the said
court shall be disqualified to sit in such cause, then
it shall be lawful for the party at whose instance the

171

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 quali-

Election.

fied to sit in such cause in bane, or to take an appeal
to the court of appeals; and if such party or his coun-
sel shall fail to make and file such election in writing
within thirty days after the announcement of such

Appeal.

disqualification, or within thirty days after the trial
of the cause in case such announcement shall have
been made before the trial, then such point or ques-
tion shall be decided by the remaining judges or
judge who may be qualified to sit in such cause;

Time.

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.
2. Points or questions reserved for the court in banc
shall be taken by means of exceptions, to be reduced
to writing, and signed and sealed by the judges or
judge before whom the cause may be tried, and so
framed that the point or question may be fully pre-
sented as to both law and fact, in the case the cause
shall be transmitted to the court of appeals instead
of being heard by the court in bano.
3. 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.

In force and approved March 30, 1868.

Proviso.

Ibid. c. 2.
Form of excep-
tions.

Ibid s. 3.
Proceedings on
removal.