GEORGE HOWARD, ESQ. GOVERNOR.

1831

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-
ded.

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

Limitation.

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

more county court, Frederick and Washington county

courts.

57