ART. 71.] APPEALS AND WRITS OF ERROR.

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 exceptions And it shall be the duty of the judges in the
courts below to require exceptions to be prepared in accordance with
this rulc.

765

12, In no bill of exception shall any patent, deed, will, or other
documentary 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
insetted in extenso; nor shall any document be more than once
inserted at large in any transcript to be sent to the Court of Ap-
peals And it shall be the duty of the judges of the courts below
to require exceptions to be prepared in accordance with this rulc.
Either party, however, shall have the right to have any or all of such
documentary proof inserted at length, it being stated in the excep-
tion at whose instance the same is so inserted, that costs may be
awarded as the matter so incorporated may be deemed proper or
not to have been set out in full by the Appellate Court.

Rules of Court
of Appeals,
No 6
Documentary
evidence, how
set out

13. In making up the transcripts of records transmitted to the
Court of Appeals, the clerks of the courts below shall omit from
such transcripts the formal heading and commencement of the
record, stathig 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 appearance, where the party has ap-
peared; all entries of continuances and imparlances; all entries of
motions and rules to declare or plead; all entries of applications
for continuances, for commissions, or for warrants of resurvey, and
the affidavits in support thereof, together with the rulings of the
court on such applications; all entries of motions or rules of secu-
rity for costs, together with the proceedings and rulings thereon ;
all entries of impanelling, swearing, and names of jurors, and all
other mere incidental motions and rules, made in the progress of
the cause; all pleadings withdrawn, waived, or superseded by amend-
ment; 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; all formal en-
tries of motions for new trials, and the rulings thereon, together with
the affidavits and other evidence used on such motions, the clerk
stating in lieu thereof the fact of such motion being made, and how
disposed of by the court, unless, where any of the foregoing matters
or proceedings may be used as evidence in the cause, or where some
question may arise in regard thereto, reviewable by the Court of
Appeals, then so much only of any such matter or proceeding as
may be used in evidence, or as appertain to the decision or determi-
nation desired to be reviewed, shall be incorporated in the transcript,
and no more; the intent being to avoid incorporating in the trans-

Rules of Court
of Appeals,
No 7
Transcripts of
records, how
made up.