APPEALS AND ERRORS 315

An. Code, 1924, sec. 39. 1912, 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.

No documentary evidence or exhibits shall be omitted from the tran-
script and brought to this Court separately, in the originals or copies, for
reference in the argument and decision, except with the approval of a
member of this Court, or under the authority and direction of statute;
but a statement of the contents and effect of such documentary evidence
or exhibits may be included in the record by stipulation of the parties.
Reproductions of documents by photographic or photostatic process may
only be used to exhibit the form or condition of signatures or other matter
inscribed or printed on the documents, and only in clear, positive form of
black letters or marks upon white ground.¹

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

See art. 16, sec. 290, et seq., and notes to secs. 12 and 38 (this article).

An. Code, 1924, sec. 40. 1912, 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 re-
ported 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 expressly
reserves the question of the competency of the witness. Billingslea v. Ward, 33 Md. 52.

Though the exceptions must be definite, all the reasons in support thereof need not
be stated. Stokes v. Detrick, 75 Md. 267.

The exceptions cannot be filed after decree. Fitzhugh v. McPherson, 9 G. & J. 70.

Exceptions held sufficient. Gardiner v. Hardy, 12 G. & J. 380. Cf. Calvert v
Carter, 18 Md. 111.

This section inapplicable.

The matters mentioned in this section alone need be excepted to below in order
to be raised in the appellate court. Where the objections is to the remedy, no excep-
tions need to be filed. Boteler v. Brookes, 7 G. & J. 155.

¹ As revised by Court of Appeals, Oct. 5, 1933.