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Session Laws, 1831
Volume 213, Page 442   View pdf image (33K)
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state, where at the trial s 'thereof exceptions shall be taken

CHAP. 319.

to any opinion or opinions, direction or directions of tihe


court; and an appeal or writ of error, shall be taken or


sued forth, from or upon the judgment of the court, all the


exceptions on the part of all the parties, plaintiffs and de-


fendants that may have been so taken, and whether the ap-


peal 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 pre-

And shall be deci-

mises, if the cause be remitted to said county court, shall

ded and certified

be accordingly certified to said county court

to county.

Sec. 2. Jind be it enacted, That all the exceptions as

Shall be so certifi-

aforesaid, shall be certified to the court of appeals, although

ed notwithstand
the parties offer to

the bills relating to any of such exceptions, shall not have

withdraw the ex-
ceptions &c.

been actually drawn at length, or signed by the court be-


fore the verdict shall have been recorded in the cause; and


although either before or after such verdict, the party or


parlies excepting, shall offer to withdraw such exceptions;


and in such case, if the excepting party or parties shall re-


fuse or fail to draw and submit to the court such exceptions,


the same may be drawn and submitted by the opposite party
or parties; and when ascertained and corrected, or settled,

Opposite party
may avail of.

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


and sealed in manner, and at the time now lawfully required


in such behalf; Provided however, That no exceptions taken


by the party not appealing or suing a writ of error as afore-

Exceptions provi-

said, shall be certified as aforesaid, if such party by his


counsel shall agree in writing, and file the agreement in


said 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 him-


self at any future trial as aforesaid, of such point or prayer.


Sec. 3. And be, it enacted, That nothing in this act con-

May be waived by

tained, shall debar the parties in any cause from waiving by

consent of parties.

consent, the right of having any of the exceptions on either


side as aforesaid, certified as herein provided to the court


ot appeals.


Sec. 4. And be it enacted, That the provisions of this act


be, and they are hereby declared to extend, only to Balti-


more county court, Frederick and Washington county






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Session Laws, 1831
Volume 213, Page 442   View pdf image (33K)
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