562 ARTICLE 3.
P. L. L. (1860), Art. 3. sec. 46. 1888. Art. 3, sec. 21. B. Co. C. (1906), sec. 47.
1916, see. 87. 1928, sec. 94.
94. In all cases, of trial at common law, in said court, the parties,
or either of them, who may except to the opinion of the court in the course
of such trials, may require the court to sign and seal such exceptions
before the verdict is rendered.
P. L. L. (1860), Art. 3, sec. 47. 1888, Art. 3, sec. 22. B. Co. C. (1908), sec. 48
1.916, sec. 88. 1928, sec. 95.
95. In all cases in said court, where, at the trial thereof, exceptions
shall be taken to any opinion or opinions, direction or directions of the
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 of all the parties, plain-
tiffs and defendants, that may have been taken, and whether the appeal or
writ or 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 decisions of said court
in the premises, if the cause be remanded to said Circuit Court, shall be
accordingly certified to said Circuit Court.
Kelso v. Stigar, 75 Md. 376.
P. L. L. (1860), Art. 3, sec. 48. 1888, Art. 3, sec. 23. B. Co. C. (1908), sec. 49.
1916, sec. 86. 1928, sec. 96.
96. All exceptions as aforesaid shall be certified to the Court of Ap-
peals, 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, before or after such ver-
dict, the party excepting shall offer to withdraw such exceptions; and in
such case, if the excepting party shall refuse or fail to draw and submit
to the Court such exceptions, the same may be drawn or submitted by the
opposite party; 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, they shall be signed and sealed by said court and avail
as if drawn and signed and sealed in the usual manner; provided, that no
exception taken by the party not appealing or suing a writ of error, as
aforesaid, shall be certified as aforesaid, 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 exceptions; which agreement shall preclude the said party from avail-
ing himself, at any future trial as aforesaid, of such point or prayer.
P. L. L. (1860), Art. 3, sec., 49. 1888, Art. 3, sec. 24. B. Co. C. (1908), sec. 60.
1916. sec. 90. 1928, sec. 97.
97. Nothing contained in the two aforegoing sections shall debar the
parties in any cause from waiving, by consent, the right of having any of
the exceptions, on either side as aforesaid, certified, as herein provided,
to the Court of Appeals.
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