BILL OF EXCEPTION - The statement
in writing of the objection made by a party in a cause
to the decision of the court on a point of law, which,
in confirmation of its accuracy, is signed and sealed
by the judge or court who made the decision. The object
of the bill of exceptions is to put the question of
law on record for the information of the court of
error having cognizance of such cause.
The bill of exception is authorized by the statute
of Westminster 2 the principles of which have been
adopted in all the states of the Union. It is thereby
enacted 'when one impleaded before any of the justices,
alleges an exception praying they will allow it, and
if they will not, if he that alleges the exception
writes the same, and requires that the justices will
put their seals, the justices shall do so, and if
one will not, another shall; and if, upon complaint
made of the justice, the king cause the record to
come before him, and the exception be not found in
the roll, and the plaintiff show the written exception
with the seal of the justices thereto put, the justice
shall be commanded to appear at a certain day, either
to confess or deny his seal, and if he cannot deny
his seal, they shall proceed to judgment according
to the exception, as it ought to be allowed or disallowed.'
The statute extends to both plaintiff and defendant.
Bills of exception differ materially from special
verdicts and from the opinions of the court filed
in the cause.
Here will be considered, 1 the cases in which a bill
of exceptions may be had; 2. the time of making the
exception; 3. the form of the bill; 4. the effect
of the bill.
In general a bill of exception can be had only in
a civil case. When in the course of the trial of a
cause, the judge, either in his charge to the jury,
or in deciding an interlocutory question, mistakes
the law or is supposed by the counsel on either side,
to have mistaken the law, the counsel against whom
the decision is made may tender an exception to his
opinion, and require him to seal a bill of exceptions.
In criminal cases, the judges it seems, are not required
to seal a bill of exceptions.
The bill of exceptions must be tendered at the time
the decision complained of is made or if the exception
be to the charge of the court, it must be made before
the jury have given their verdict. In practice, however,
the point is merely noted at the time and the bill
is afterwards settled. They may be sealed by the judge
after the record has been removed by a writ of error,
and after the expiration of his office.
The bill of exception must be signed by the judge
who tried the cause; which is to be done upon notice
of the time and place, when and where it is to be
done. When the bill of exception is sealed, both parties
are concluded by it.
The bill of exceptions, being part of the record,
is evidence between the parties as to the facts therein
stated. No notice can be taken of objections or exceptions
not appearing on the bill.
