ART. 11.] FREDERICK COUNTY. 551

exclusively, commencing on the first Monday of January and
the first Monday of July, respectively, in each year.

41. In all cases in the Circuit Court for Frederick county,
where at the trial thereof exceptions shall be taken to any
opinion or direction of the court, and an appeal or writ of error
shall be taken of sued forth, from or upon the Judgment of the
court, all the exceptions of all the parties plaintiffs and defend-
ants, that may have been taken, and whether the appeal or writ
of error be taken or sued by all or any of said parties, shall be
certified to the Court of Appeals, as part of the transcript of the
record to that court, and shall by said court be decided; and the
decision of said court in the premises, if the cause be remitted
to the Circuit Court, shall be accordingly certified to the Circuit
Court.

42. All exceptions as aforesaid, shall be certified to the Court
of Appeals, although the bills relating to any of them shall not
have been actually drawn at length, or signed by the court be-
fore the verdict shall have been recorded in the cause; and al-
though, either before or after such verdict, the party or parties
excepting, shall Offer to withdraw such exceptions; and in such
case, if the excepting party or parties shall refuse or fail to draw
or submit to the court such exceptions, the same may be drawn
or submitted by the opposite party or parties; and when ascer-
tained and corrected, and settled by the court to conform to the
evidence and to the points or prayers embraced in the exceptions,
they shall be signed and sealed by said court, and avail as if
drawn and signed in the usual manner : Provided, that no excep-
tions taken by the party not appealing or suing a writ of error
as aforesaid, shall be certified as aforesaid, if such party by his
consent shall agree in writing, and file the agreement in the
cause, not to avail himself at any future trial, of the point or
prayer made or involved in such exception, which agreement
shall preclude the said party from availing himself, at any future
trial as aforesaid, of such point or prayer.

43. Nothing contained in the last two preceding sections ehall
debar the parties in any cause from waiving by consent, the
right of having any of the exceptions on either side, as aforesaid,
certified as herein provided to the Court of Appeals.