138 APPEALS AND ERRORS. [ART. 5

Exceptions taken by the appellee ought not to go into the record. Hoff-
man v. Coombs, 9 Gill, 284.

Trial courts should strictly enforce this section. Boyd v. Cross, 35 Md
200.

Cited but not construed in Caledonia Ins. Co. v. Traub, 80 Md. 222;
Scarlett v. Academy of Music, 43 Md. 210.

Cf. sec. 34, et seq.

1904, art. 5, sec. 11. 1S94, ch. 33, sec. 10 A.

11. It shall not be necessary for the judge who signs a bill of
exceptions to affix his seal thereto.

Ibid, sec. 12. 1S88, art. 5, sec. 11. 1860, art. 5, sec. 2. Rule 6.

12. In no bill of exception shall any patent, deed, will or other
documentary evidence be inserted at length, but shall only be stated
briefly, according to its import and effect, unless the nature of the ques-
tion raised and decided render it necessary that it should be inserted
in extenso; nor shall any document be more than once inserted at large
in any transcript to be sent to the court of appeals. And it shall be the
duty of the judges of the courts below to require exceptions to be
prepared in accordance with this rule. Either party, however, shall
have the right to have any or all of such documentary proof inserted at
length, it being stated in the exception at whose instance the same is so
inserted, that costs may be awarded as the matter so incorporated may
be deemed proper or not by the court of appeals to have been set out
in full.

Ibid. sec. 13. 1888, art. 5, sec. 12. Rule 7.

13. In making up the transcript of records to be transmitted to the
court or appeals, the clerks of the courts below shall omit from such
transcripts the formal heading and commencement of the record, stating
only the titling of the cause, and the time of the commencement of the
suit or proceedings; they shall also omit all writs, or original process
for appearance, where the party has appeared; all entries of continu-
ances and imparlances; all entries of motions and rules to declare or
plead; all entries of applications for continuances, for commissions, or
for warrants of resurvey, and the affidavits in support thereof, together
with the rulings of the court on such applications; all entries of motions
or rulings of security for costs, together with the proceedings and rulings
thereon; all entries of empanneling, swearing, and names of jurors,
and all other merely incidental motions and rules made in the progress
of the cause; all pleadings withdrawn, waived or superseded by amend-
ment; all commissions to take testimony and the formal returns thereto,
and all warrants of resurvey, the clerk stating the time of issue and
return of such warrants; all replevin, retorno habendo, and appeal
bonds and affidavits filed on taking appeals; all formal entries of motions
for new trials; and the rulings thereon, together with the affidavits
and other evidence used on such motions, the clerk stating in lien
thereof, the fact of such motion being made, and how disposed of by
the court, unless, where any of the foregoing matters or proceedings