The Laws of Texas, 1931-1933 [Volume 28] Page: 85 of 2,111
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FORTY-SECOND LEGISLATURE-FIRST CALLED SESSION. 77
porter shall receive as compensation therefor the sum of fifteen
cents (15c) per hundred words for the original. Provided, further,
that the parties may, if they desire, prepare and have filed
a statement of facts on appeal which shall be concisely written
in narrative form, shall contain only the evidence of facts relating
to questions of which review is sought, and shall omit repetitions
by same witness, and all irrelevant parts of writing or
written documents introduced in evidence; provided further,
however, that such narrative statement may contain questions
and answers and objections thereto when necessary or proper to
elucidate or present any particular question for review, such
questions, answers and objections to be taken and transcribed
from the court reporter's notes or agreed upon by the parties,
the objections to constitute a bill of exceptions as hereinafter
provided. Documentary evidence and rulings upon the admission
or exclusion of any evidence may be shown in said statement
as is above provided for when a complete transcript of the
reporter's notes is prepared and filed. Failure to comply substantially
with the provisions of this act in the preparation of
such statement of facts shall be sufficient ground in the Appellate
Court for striking out and not considering such statement
of facts. Provided further, however, that all objections to the
admission or exclusion of testimony, if any, shown by said
stenographic report or in said statement of facts, and the ruling
of the court thereon and the exceptions thereto, whether said
testimony be admitted or excluded by the court, shall be regarded
and considered as separate bills of exceptions, and no
formal bill of exception shall be necessary; provided further,
however, that nothing herein shall be construed as prohibiting
the parties from filing separate formal bills of exception as the
law now provides in case such parties elect to do so, where the
alleged error is not already clearly shown, and when -uch separate
bills of exception are filed they shall be prepared and filed
as otherwise provided by law, an election to present certain
matters by separate formal bills of exception shall not be considered
as a waiver of any other exceptions or objections shown
by the record."
SEC. 3a. Chapters 63 and 135, being Senate Bill No. 59 and
House Bill No. 120, respectively, Acts of the Regular Session of
the 42nd Legislature, are each hereby expressly repealed.
SEC. 4. That the foregoing provisions amending Articles
2237, 2238 and 2239 of the Revised Civil Statutes of 1925 are
not intended and shall not be construed as having application to
or as governing appeals to the Court of Criminal Appeals of the
State of Texas.
SEC. 5. That this Act is not intended to and shall not be construed
as repealing, modifying or amending Article 760 of the
Code of Criminal Procedure, Revision of 1925.
SEC. 6. That the provisions of Title 42. Chapter 11, Revised
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17293/m1/85/: accessed January 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .