298 ARTICLE 5

to hear and pass upon the motion for a new trial and allow and sign said
bill of exceptions, then the judge who succeeds such trial judge, or any
other judge of the court in which the cause was tried, holding such court
thereafter, if the evidence in such cause has been or is taken in steno-
graphic notes, or if the said judge is satisfied by any other means that
he can pass upon such motion and allow a true bill of exceptions, shall
pass upon said motion and allow and sign such bill of exceptions; and
his ruling upon such motion and allowance and signing of such bill of
exceptions shall be as valid as if such ruling and allowance and signing
of such bill of exceptions had been made by the judge before whom such
cause was tried; but in case said judge is satisfied that owing to the fact
that he did not preside at the trial, or for any other cause, that he cannot
fairly pass upon said motion, and allow and sign said bill of exceptions,
then he may in his discretion grant a new trial to the party moving therefor.

The act of 1922, ch 418, being remedial, will be liberally construed to effect its pur-
pose; law prior thereto. When trial judge is, beyond seas another judge may sign bill
of exceptions Laches not made out State v Phillinger, 142 Md. 369

Bill of exceptions signed too late under act 1916, ch 625, applicable to Baltimore
City. "Not less than thirty days prior to the time," etc , means thirty clear days, ex-
clusive of both terminal days. Consent to postponement—estoppel Stiegler v
Eureka Life Ins Co , 146 Md 658

See notes to sec 12

An Code, 1924, sec 14 1912, sec 12 1904, sec 12 1888, sec 11 Rule 6

14. In no bill of exception shall any patent, deed, will, or other docu-
mentary evidence be inserted at length, but shall only be stated briefly,
according to its import and effect, unless the nature of the question 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 tran-
script 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 accord-
ance 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.
As to the cost of records, see art 36, sec 13

An Code, 1924, sec. 15 1912, sec. 13 1904, sec 13 1888, sec 12 Rule 7

15. In making up the transcript of records to be transmitted to the
court of appeals, the clerks of the courts below shall omit from such tran-
scripts the formal headings 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 appear-
ance, where the party has appeared; all entries of continuances and impar-
lances; all entries of motions and rules to declare or plead; all entries of
applications for continuances, for commissions, or for warrants of resur-
vey, and the affidavits in support thereof, together with the rulings of the
court on such applications; all entries of motions or rules of security for
costs, together with the proceedings and rulings thereon; all entries of
empanneling, swearing, and names of jurors, and all other merely inci-
dental motions and rules made in the progress of the cause; all pleadings
withdrawn, waived or superseded by amendment; 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 warrant; all replevin,
retorno habendo, and appeal bonds, and affidavits filed on taking appeals;