CHAP. 406.—An ACT to abolish the bill of exception and to prescribe the
means whereby in the trial court the record of the cause in any judicial
proceeding at common law, or in any kindred proceeding in a suit n
chancery, shall be ascertained and authenticated; to prescribe certain
duties of the trial judge and of the clerk of the trial court, in respeet
to such record; and to prescribe in certain respects how such record
shall be certified upon a writ of error, or supersedeas, to a fina] judg-
ment, or upon an appeal from a final decree, in the cause and to make
the provisions of this act apply te all cases now pending in any court
of this State and to any case in which bill of exception has been filed
within the time required by law with the trial judge, but not signed
by him for any cause, and extending the time within which said bill
of exception or certificate may be signed. (H. B. 403.)

Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
in the trial of any cause at common law, or in any part, or at
any stage of any judicial proceeding in which the procedure is
that which obtains at common law, any party may except to any
action, ruling, order or judgment of the court.

2. That the bill of exception as heretofore employed in any
judicial proceeding as means of preserving an exception to any
action, ruling, order or judgment of any trial court by any party
be, and the same is hereby abolished, and that in lieu of such
bill of exception it shall be sufficient that, by a note thereto ap-
pended or thereon endorsed, in case of the denial by the trial
court of any instruction to the jury, the trial judge shall certify
that such instruction was requested by any party and denied
by the court, and that the party requesting the same excepted;
in case of any instruction granted by the court, that any party
excepted thereto; in case of any question propounded to a wit-
ness, that said question was allowed or disallowed, according to
the fact, and that any party excepted; and shall further certify
briefly, where such question is disallowed, the answer which
such question would have elicited, if at the time that objection
was made to the question by a party excepting thereto, the tenor
of the answer was ascertained by the court, the name of the
witness to whom the question was propounded, the party by
whom such witness was introduced, and at what stage of the
examination, whether upon direct, cross, re-direct examination,
et cetera, as the case may be, the question was propounded; in
case of the granting or over-ruling of a motion for a new trial,
that any party excepted; in case of an exception by any party
to any other action, ruling, order or judgment, of any trial court,
or of any other matter arising in the course of the trial or
hearing of a cause, it shall be sufficient, instead of a bill of ex-
ception as heretofore obtaining, that the trial judge shall cer-
tify that any party excepted to such action, ruling, order, judg-
ment or matter..

8. That it shall be sufficient for all the purposes of a re-
view by any appellate court of any action, ruling, order, judg-
ment, or matter, arising in the course of the trial or hearing of
a cause, that the trial judge shall certify the evidence intro-
duced at the trial or hearing of such cause when a consideration
of the evidence may be necessary, in order to a decision upon
an appeal of any question involved in stich review; but nothing
in this act contained shall be construed to preclude the trial
judge from certifying, in lieu of the evidence, the facts proved
on the trial or hearing of the cause, as now provided by law.

4. That the forms of.the respective certificates herein-
above provided for shall be substantially as follows:

“The foregoing instruction was granted at the request of the
plaintiff (or defendant) and the defendant (or plaintiff) ex-

cepted. Teste: by consent Gt such be the fact) this .........
day of .................. 19..... ee
Judge’”’

“The foregoing instruction requested by the plaintiff (or de-
fendant) was denied, and the plaintiff (or defendant) excepted.
Teste: by consent ( if such be the fact) this .......... day of

“To the foregoing question propounded tO... cc ccc ec ceee
witness for the plaintiff (or defendant) upon direct, cross, re-
direct examination, et cetera, by the plaintiff (or defendant),
and notwithstanding the defendant’s (or plaintiff’s) objection,
allowed by the court, the defendant (or plaintiff) excepted.
Teste: by consent (if such be. the fact) this ............ day

Judge.”

“The foregoing question propounded to ..............005
witness for the plaintiff (or defendant), upon direct, cross, re-
direct examination, et cetera, by the plaintiff (or defendant),
upon objection by the defendant (or plaintiff), was disallowed
by the court, and the plaintiff (or defendant) excepted; the
answer to the question excepted by the plaintiff (or defendant)

meee eee cece eee eee e eee Teste: by consent (if such be
the fact) this ............ day Of ...... ccc cece cece ee
1

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“The following evidence on behalf of the plaintiff and of the
defendant, respectively, as hereinafter denoted, is all the evi-
dence that was introduced on the trial of this cause (here in-
sert evidence). Teste: by consent (it such be the fact) this
eect eee eee day Of ..... ccc ce cee LD cy cece ce eee eee
Judge.”

“The following instructions granted at the request of the
plaintiff and of the defendant, respectively, as hereinafter de-
noted, are all the instructions that were granted on the trial of
this case (here insert instructions). Teste: by consent (if such
be the fact) this ................. day of ........ccecceeee

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ge.
5. That in all cases, to preserve of record to all the intents
and purposes any exception to any action, ruling, order or judg-
ment of the trial court, or any matter arising in the course of
the trial or hearing of a cause; it shall be sufficient that the
trial judge, on the application of any party, shall certify the
same simply and substantially in accordance with the provisions
of this act.

That the appellate court in reviewing upon a writ of error, or
supersedeas, to a final judgment, or upon an appeal from a final
decree, of an inferior court in a cause any question arising upon
the record in such cause shall in every instance, wherever neces-
sary to a decision of such question, consider any exception, the
evidence introduced on the trial or hearing of the cause, or any
other matter, preserved of record in such cause by the certificate
of the trial judge as provided by this act; nor in the determina-
tion of any such question shall it be necessary to enable the ap-
pellate court to consider any other exception, or the evidence
introduced at the trial or hearing of the cause, or any other mat-
ter preserved of record in the cause, by the certificate of the trial
judge as provided by this act, that there shall be any express
reference in the certificate of the exception under which such
question may arise to the certificate of any other exception, of
the evidence introduced at the trial or hearing, or of any other
matter, preserved of record in the cause, as herein provided; no
certificate by the trial judge under the provisions of this act
shall embody the name of the court or style of the cause, or be
otherwise than as herein substantially provided; nor shall the
clerk of any trial court in making up a transcript of the record
in the cause for any party for the purpose of praying a writ of
error, supersedeas or an appeal, after having once identified
the cause by its proper style in the trial court, in the caption of
such transcript, thereafter in such transcript, reproduce or re-
peat the style of such cause, except where the style of such cause
uppears as a part of the matter preserved by a certificate of the
trial judge, made under the provisions of this act.

7. That any certificate to the intents and purposes of this
act may be signed by the trial judge either during the term of
the court at which a final judgment in the cause is rendered, or
within thirty days after the end of such term, either in term
time or in vacation, whether another term of such court shall
have intervened or not, or within such period in excess of the
period of thirty days after the end of such term, as the parties
by consent entered of record at any time either in term time or
vacation may agree upon; or if anv bill of exception now re-
quired under any statute or rule of law or which may hereafter
be required by certificate under this act shall have been pre-
sented to the court or judge in vacation for the signature of the
judge, within said thirty days, or such time as has been acreed
upon, and said judge has not signed said certificate or bill of
exception on account of same not fairly stating the evidence
or the case, or for any other cause, said judge to whom such bill
of exception or certificate has been presented, shall summons
the attorneys for the parties before him at such time and place
as he shall see cause, within a reasonable time after having been
so requested by the attorneys of the party filing the exception or
certificate, and amend such bill of exception or certificate in
such manner as shall in his opinion fairly state the case, and
then sign said amended bill of exception or certificate, and when
so signed shall have the same effect as if it had been signed
within said thirty days or the time agreed; and this provision
shall apply to all cases now pending in any court of this Com-
monwealth and all cases where bills of exception have been filed
with any judge in time but not signed for any cause, provided
the right of appeal has not been barred by the one year limita-
tion, from the date of the final entry of the final order; and
whenever any cause is heard in vacation any certificate to the
intents and purposes of this act may be signed by the trial judge
within thirty days after the entry in vacation of such final judg-
ment, or within such period in excess of the period of thirty
days after the entry of such judgment, as the parties, by con-
sent entered of record, may agree upon.

It shall be sufficient evidence that the certificate of the trial
judge made under the provisions of this act was signed by him
by such consent of the parties (if such be the fact), on any day
specified, that such judge shall substantially in accordance with
the forms of certificate prescribed by this act, so indicate by
the insertion of the words “by consent” simply in such cer-
tificate.

8. That all statutes or parts of statutes in deroration of,
or in conflict with, the provisions of this act be, and the same
are hereby repealed.

But nothing in this act contained shall be construed to alter
or affect the practice or procedure now cbtaining by law with
respect to appeals in suits in chancery, except with respect to
such proceedings where such occur, in any suit in chancery, as
are according to law, conformed with the practice and pro-
cedure at common law.