ART. 21.] WASHINGTON COUNTY. 891

said Circuit Court, shall be accordingly certified to said Circuit
Court.

59. 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,
before the verdict shall have been recorded in the cause; and
although, either before or after such verdict, the party or parties
excepting shall offer to withdraw such exceptions; and, in such
cases, if the excepting party or parties shall refuse or fail to
draw and submit to the court such exceptions, the same may be
drawn or submitted by the opposite party or parties; and when
ascertained, and corrected, and settled by the court, to conform
to the evidence and to the points or prayers embraced in the
exceptions, th6y shall be signed and sealed by said court, and
avail as if drawn and signed and sealed in the usual manner;

Provided, that no exceptions taken by the party not appealing
or suing a writ of error as aforesaid, shall be certified as afore-
said, if such party, by his counsel, 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.

60. Nothing contained in the two preceding sections shall
debar .the parties in any cause from -waiving, by consent, the
right of having any of the exceptions, on either side as afore-
said, certified as herein provided, to the Court of Appeals.

CLEAKSPKINQ.

61. The inhabitants of Clearspring and its additions, in Wash-
ington county, are a body politic, by the name of "The Burgess
and Commissioners of Clearspring," and by that name may sue
and be sued, and may have and use a common seal.

62. The free white male citizens of Clearspring qualified to
vote for members of the General Assembly, shall, on the first
Monday of January, annually, elect by ballot a burgess, assist-
ant burgess, and five commissioners for said town, who shall be
inhabitants thereof, above the age of twenty-one years.

63. All elections shall be held and conducted in such manner
and at such place as shall from time to time be directed