616

PROCEEDINGS IN ACTIONS AT LAW. [ART. 64.

1874, a 94
When court
may strike out
order for re-
moval
41 Md 186

118, Until the record in any cause has been actually transferred,
from the court passing the order of removal, to the court to which
it is removed, the court passing the order shall have power to strike
out the order of removal, on motion of the party applying for the
same, and when so stricken out, the cause shall proceed as if no
motion for removal had been made; but the motion for removal
shall not be renewed by the same party after the expiration of the
term at which the order for removal was stricken out; provided,.
that no such motion to strike out an order for removal shall be en-

Time

tertained, unless the same shall be made in time to admit of the
trial of the cause at the same term of the court at which said order
for removal was passed.

1874, c 94
Costs
43 Md 424

119. In all civil cases where an order for removal shall have
been passed in any cause, the party upon whose motion said order
was passed, shall pay or tender to the clerk of the court in which
said cause was pending at the time of said order for removal, the
cost of the record in said case, within sixty days after the passage

Transmission of
record

of such order, and the clerk shall cause the said record to be trans-
mitted to the court to which the same was ordered to be removed
within said sixty days.

COURT IN BANC.

1868, c 441, s 1
Questions re-
served for court
in banc

120. When at the trial of any cause any party to such cause
shall require any point or question decided by the court to be re-
served for the consideration of the court in banc, 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 point or ques-

Election

tion shall he reserved to elect to have such point or question de-
cided by the remaining judges or judge who may be qualified to sit

Removal

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

Appeal

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 writing within

Time within
which to elect.

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 ques-
tion shall be decided by the remaining judges or judge who may

Proviso.

be qualified to sit in such cause; provided, that every point or ques-
tion 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.

Id s 2
Form of excep-
tions

121. 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 case the cause shall be trans-