1688 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

any way in the property taken under the suit of replevin; and
any person having any interest in or right to such property
may upon a breach of the condition of such bond maintain an
action on such bond in the name of the State for the use of
such person so having an interest in or right to such property.

Reservation of Points for Court in Banc.

1888, art. 75, sec. 112. 1868, ch. 441, sec. 1.

119. 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 disqualifica-
tion, 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.

Ibid. sec. 113. 1868, ch. 441, sec. 2. Ante art. 5, sec 11.
1894, ch. 33, sec. 10 A.

120. Points or questions reserved for the court in banc
shall be taken by means of exceptions, to be reduced to writing,
and signed 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. 114. 1868, ch. 441, sec. 3.

121. Whenever any cause shall be removed to any other court
upon a point or question reserved for the court in banc, as