APPEALS AND ERRORS. 95

Variance prayer is defective unless it states in what the variance consists.
Nat. Real Estate Dev. Corp. v. Water Co., 167 Md. 194.
See notes to sec. 10.

An Code, 1924, sec. 12. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. Rule 5.

1927, ch. 224.

12. Bills of exceptions shall be so prepared as only to present to the
Court of Appeals the rulings of the court below upon some matter of law,
and shall contain only such statement of facts as may be necessary to
explain the bearing of the rulings upon the issues or questions involved;
and if the facts are undisputed, they shall be stated as facts, and the
evidence from which they are deduced shall not be set out: and, if dis-
puted, it shall be sufficient to state that evidence was adduced tending to
prove them, instead of setting out the evidence in detail; but if a defect
of proof be the ground of the ruling or exception, then the particulars in
which the proof is supposed to be defective shall be briefly stated, and all
the evidence offered in anywise connected with such supposed defect,
shall be set out in the bill of exception.

The bill or bills of exceptions shall be headed at the beginning, Plain-
tiff's (or Defendant's, as the case may be) Bill (or Bills) of Exceptions,
and beneath that, if there should be more than one exception, shall appear
the subheading Exception 1. Then shall follow the proper statement of
the facts necessary to set forth the ruling excepted to, as otherwise herein
provided, it being sufficient to set forth the interposing of the objection
and the ruling made thereon without a further statement in the bill that
exception was taken to such ruling. Should there be more than one excep-
tion, the next exception shall immediately thereafter follow, in a separate
paragraph under the subheading Exception 2, in which shall in like
manner be set forth the ruling objected to; and so on in the case of each
bill of exceptions, which bills shall be arranged and numbered consecu-
tively in the same order in which they occurred during the course of the

case. Only one signature by the court shall be necessary, which signature
shall be affixed at the end of all the bills, and shall be construed as indi-
cating the approval by the Court of all said bills, and which signature
shall be immediately preceded by the words, 'the foregoing bill (or bills)
approved this day of 19. ' Nor shall it be
necessary to refer specifically in any bill of exceptions to matters set
forth in preceding bills, but every bill of exceptions shall be considered as
incorporating therein, without statement to that effect, all matters set
forth in all preceding bills of exceptions as occurring in the course of the

case. And it shall be the duty of the judges of the courts below to require
exception to be prepared in accordance with this rule.

Oral agreement of counsel made after transcript has been filed in Court of
Appeals cannot take place of bill of exceptions. Presbyterian Church v. Pugh,
154 Md. 554.

Act 1927, ch. 224, is valid; no inconsistency with rules of court. Savage Mfg.
Co. v. Magne, 154 Md. 54.

When, record contains no bill of exceptions, is not authenticated and docket
entries show no demurrer or motion to quash indictment, appeal, will be dis-
missed. Crout v. State, 157 Md. 3S7.