20 APPEALS AND ERROR. [ART. 5.

Rule 6. P. G. L., (1860,) art 5, sec. 2.

11. In no blll 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 inserted in extenso; nor shall any document be
more than once inserted at large in any transcript 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 incorpo-
rated may be deemed proper or not by the court of appeals, to
have been set out in full.
Davis v. State, 38 Md. 51. Blake v. Pitcher, 46 Md. 462.

Rule 7.

12. 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 transcripts the formal heading 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 appearance, where the
party has appeared; all entries of continuances and imparlauces

all entries of motions and rules to declare or plead; all entries.
of applications for continuances, for commissions, or for war-
rants of resurvey, and the affidavits in support thereof, together
with the rulings of the court on such applications; all entries of
motions or rulings of security for costs, together with the pro-
ceedings and rulings thereon; all entries of empanneling, swear-
ing, and names of jurors, and all other merely incidental motions
and rules made in the progress of the cause; all pleadings with-
drawn, waived or superseded by amendment; all commissions to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 warrants; all replevin, retorno habendo, and appeal bonds,
and affidavits filed on taking appeals; all formal entries of
motions for new trials; and the rulings thereon, together with
the affidavits and other evidence used on such motions, the clerk