ALBERT C. RITCHIE, GOVERNOR. 405
Bills of exceptions shall be so prepared as only to present
to the court of Appeals the rulings of the Court below upon
some matter of law, and shall contain only such statement of
facts as may be necessary to explain the bearing of the rul-
ings upon the issues or questions involved; and if the facts
are undisputed, they shall be stated as facts, and the evi-
dence from which they are deduced shall not be set out; and,
if disputed, it shall be sufficient to state that evidence was
adduced tending to prove them, instead of setting out the
evidence in detail; but if a defect of proof be the ground of
the ruling 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 exception.
The bill or bills of exceptions shall be headed at the begin-
ning, Plaintiff's (or Defendant's, as the case may be) Bill
(or Bills) of Exceptions, and beneath that, if there should
be more than one exception, shall appear the subheading Ex-
ception 1. Then shall follow the proper statement of the facts
necessary to set forth the ruling excepted to, as otherwise
herein provided, it being sufficient to set forth the interpos-
ing of the objection and the ruling made thereon without a
further statement in the bill that exception was taken to such
ruling. Should there be more than one exception, the next
exception shall immediately thereafter follow, in a separate par-
agraph under the subheading Exception 2, in which shall
in like manner be set forth the ruling objected to; and so on in
the case of each bill of exceptions, which bills shall be arranged
and numbered consecutively in the same order in which they
occurred during the course of, the case. Only one signature by
the Court shall be necessary, which signature shall be affixed
at the end of all the bills, and shall be construed as indicating
the approval by the Court of all said bills, and which signature
shall be immediately preceded by the words, 'the foregoing
bill (or bills) approved this day of 19 /
Nor shall it be necessary to refer specifically in any bill of
exceptions to matters set forth in preceding bills, but every
bill of exceptions shall be considered as incorporating therein,
without statement to that effect, all matters set forth in all
preceding bills of exceptions as occurring in the course of the
case. And it shall be the duty of the Judges of the Courts,
below to require exception to be prepared in accordance with
this rule.
SEC. 2. And be it further enacted that this Act shall take
effect on June 1, 1927, and shall apply to all bills of exceptions
in any and every case in which an appeal shall be entered,
|
|