1148 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

value of the goods and chattels and the damages, if any, for their
detention.

Reservation of Points for Court in Bane.

1868, ch. 441, sec. 1.

112. When at the trial of any cause any party to such cause
shall require any point or question decided by the court to be
reserved 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 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 writing within thirty days after the
announcement of such 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 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.

1868, ch. 441, sec. 2.

113. 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 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. 3.

114. 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.