ART. 3. ] CIRCUIT COURT—CLERK. 183

P. L. L., (1860, ) art. 8, sec. 48.

23. All exceptions as aforesaid shall be certified to the court
of appeals, although the bills relating to any of them shall not
have been actually drawn at length or signed by the court, before
the verdict shall have been recorded in the cause; and although,
before or after such verdict, the party excepting shall offer to
withdraw such exceptions; and in such case, if the excepting
party shall refuse or fail to draw and submit to the court such
exceptions, the same may be drawn or submitted by the opposite
party; and when ascertained and corrected and settled by the
court, to conform to the evidence and to the points or prayers
embraced in the exceptions, they shall be signed and sealed by
said court and avail as if drawn and signed and sealed in the
usual manner; provided, that no exception taken by the party
not appealing or suing a writ of error, as aforesaid, shall be
certified as aforesaid, if such party, by his counsel, shall agree, in
writing, and file the agreement in the cause, not to avail himself
at any future trial of the point or prayer made or involved in
such exception; which agreement shall preclude the said party
from availing himself, at any future trial as aforesaid, of such
point or prayer.

Ibid. sec. 40.

24. Nothing contained in the two aforegoing sections shall
debar the parties in any cause from waiving, by consent, the
right of having any of the exceptions, on either side as aforesaid,
certified, as herein provided, to the court of appeals.

CLERK.

P. L. L., (1860, ) art. 8, sec. 50.

25. The clerk of the circuit court for said county shall keep a
regular index of the names of all the parties, grantors and obli-
gors, and grantees and obligees in all deeds, mortgages and bonds
of conveyance relating to real or leasehold estate that may be left
in his office for record, and the names of all such parties shall be
duly entered in such index under the proper letters of the alphabet
on the day of the receipt of such deeds, mortgages or bonds of
conveyance.