1934 WASHINGTON COUNTY. [ART. 22.

or sued forth from or upon the judgment of the court, all the
exceptions of all the parties, plaintiffs and defendants, that may
have been taken, and whether the appeal or writ of error be
taken or sued by all or any of said parties, shall be certified to
the court of appeals as a part of the transcript of the record to
that court, and shall by said court be decided; and the decision
of said court in the premises, if the cause be remitted to said
circuit court, shall be accordingly certified to said circuit court.

P. L. L., (1860,) art. 31, sec. 59.

70. 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,
either before or after such verdict, the party excepting shall offer
to withdraw such exceptions; and, in such cases, 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 exceptions taken by the party
not appealing or suing a writ of error as aforesaid, shall be certi-
fied 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 60.

71. Nothing contained in the two preceding 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, certi-
fied as herein provided, to the court of appeals.

CLEARSPRING.

P. L. L., (1860,) art. 21, sec. 61.

72. The inhabitants of Clearspring and its additions, in Wash-
ington county, are a body politic, by the name of " The Burgess-