CHAP. 416.—An ACT to amend and re-enact section 3385 of the Code of
Virginia, as heretofore amended by an act of the general assembly
approved March 12, 1908. (H. B. 52.)

Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
section thirty-three hundred and eighty-five of the Code of Vir-
ginia, as heretofore amended by act of the general assembly,
approved March twelfth, nineteen hundred and eight, be
amended and re-enacted so as to read as follows:

Sec. 3385. Bill of exceptions.—In the trial of a case at law,
in which an appeal, writ of error or supersedeas lies to a higher
court, a party may except to any opinion of the court, and tender
a bill of exceptions, which, if the truth of the case be fairly
stated therein, the judge shall sign, and it shall be a part of the
record of the case. <Any bills of exception may be tendered to
judge and signed by him, either during the term at which the
opinion of the court is announced, to which exception is taken,
or within thirty days after the end of such term, either in term
time or in vacation, whether another term of the court has in-
tervened or not, or at such other time as the parties, by con-
sent of record (which consent may be entered either during the
term at which the opinion or judgment excepted to is rendered,
or during any subsequent term or vacation), may agree upon,
and any bills of exceptions so tendered to and signed by the
judge, as aforesaid, either in term time or in vacation, shall be
a part of the record of the case, and in every such case when
the order of the court fails to show that the time agreed upon
by the parties within which such bill of exceptions may be filed
was by consent of parties, if such be the fact, the certificate of
the court in the bill of exceptions shall be sufficient, or the court
after signing the same may certify that fact to the supreme
court of appeals. The same rule shall apply when cases are
heard or opinions are rendered in vacation, in which case the
party excepting shall have thirty days from the day that such
opinion is rendered. This act shall apply to criminal cases as
well as to civil cases.

. Any and all bills of exceptions in any criminal case, in
which final judgment has not been rendered by the appellate
court at the time that this act goes into effect, which may have
been signed by the judge within the time and in the manner
herein prescribed, shall be deemed and treated as a part of the
record of such case, but this act shall not apply to any civil case
now pending in the supreme court of appeals.

3. In order that this act may be given effect as soon as
practicable, an emergency is declared to exist, and this act shall
be in force from its passage.