APPEALS AND EEEORS. 231

at whose instance the same is inserted, that costs may be awarded, as the
matter so directed to be incorporated may be deemed material or not by the
court of appeals.

While this and the following section do not refer to a condensation of the oral
testimony, a synopsis of the testimony and exhibits is approved. Lowes v. Carter,
124 Md. 686.

Under this section, if the appellant and appellee agree as to what shall go into the
record, the clerk's course is plain; if, however, they differ, the clerk should consult the
court, or if the court does not advise him, the clerk should act according to his
understanding of the rules of the court of appeals, and state in a certificate to that
court why and at whose instance papers were inserted or omitted about which ques-
tion is raised. When a writ of diminution is proper. Carbon copies of testimony
used in making up record. Motion to dismiss appeal overruled. Spedden v. Balto.
Refrigerating, etc., Co., 117 Md. 447.

This section referred to in construing sec. 37—see notes thereto. Wilmer v. Balti-
more, 116 Md. 340.

As to the cost of records, see art. 36, sec. 13.

Cf. sec. 12, et seq., and see notes thereto. See art. 16, sec. 278, et seq.

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 33. Rule 12.

39. Whenever deeds, records or other documentary evidence are used in
any equity cause, the purport and substance only of such deeds, records or
other instruments shall be stated, and they shall not be set out in full in any
case, except where some question arises upon the construction or validity
thereof, and transcripts of records in equity causes shall be prepared in
accordance with this rule. Any party to the appeal, however, shall have
the right to direct any or all of such documentary proof to be inserted at
length, the clerk stating 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.

As to the cost of records, see art. 36, sec. 13.

See art. 16, sec. 278, et seq., and notes to secs. 12 and 38 (this article).

An. Code, sec. 36. 1904, sec. 36. 1888, sec. 34. 1832, ch. 302, sec. 5. 1861, ch. 33.

40. On an appeal from a court of equity, no objection to the com-
petency of a witness, or the admissibility of evidence, or to the sufficiency
of the averments of the bill or petition, or to any account stated and reported
in said cause, shall be made in the court of appeals, unless it shall appear
by the record that such objection was made by exceptions, filed in the court
from which such appeal shall have been taken.

Requisites of exceptions.

All this section requires is that the exceptions be sufficiently definite to show the
particular witnesses or evidence designed to be excepted to. Young v. Mackall, 4
Md. 370; Berrett v. Oliver, 7 G. & J. 202.

The exceptions must be filed in due form plainly indicating the witness and evi-
dence objected to, or the specific objections to an auditor's report; the mere noting
of an exception by the examiner is not sufficient. Gerting v. Wells, 103 Md. 638;
Young v. Ohmohundro, 69 Md. 428; Grand United Order, etc., v. Merklin, 65 Md
583. And see Cross v. Cohen, 3 Gill, 258.

A memorandum filed in the cause, but not signed, objecting to the competency of
testimony, is not a sufficient exception. Sindall v. Campbell, 7 Gill, 76. And see
Cross v. Cohen, 3 Gill, 270.

An exception reading, " Subject to all exception on account of the incompetency
of the witness," is sufficient, where the agreement for the taking of the testimony