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Senate Journal 1834 (30-318511-P011B.pdf)

[9] The Governor's objections to the bill entitled an act in addition to an act regulating judicial process and proceedings. "To the President of the Senate.

On the day of the final adjournment of the last Legislature, I received for approval and signature a bill entitled an act in addition to enact regulating judicial process and proceedings, which bill not having been approved I herewith return, with any objections, to the Senate, the House in which it originated, that the same may be reconsidered, pursuant to the provisions of the Constitution.

The part of the Bill to which I object is the 5th Section which is these words, "Be it further enacted, that in actions to be hereafter commenced, no motion in arrest of judgment shall be sustained in the Supreme Judicial Court, or Court of common Pleas". that the objection to this section may be more fully understood, it may be necessary to state, that the motion in arrest of judgment is made after a verdict, for causes apparent upon the face of the record. It is most usually made on the ground that the case stated in the Plaintiffs declaration although admitted to be true, is not sufficiently in point of law to found an action upon. The omission of immaterial forms and technical precision, and of many incidental circumstances, without proof of which on the trial of the issue, the action could not have been sustained, will be aided after verdict. For in the words of a high legal authority, "exceptions that are moved in arrest of judgment must be more material and glaring than such as will maintain a demurrer, and many inaccuracies & omissions, which would be fatal if early observed,. are cured by a verdict, and not suffered in the last stage of a cause to unravel the whole proceedings. But if

Description: The journal of the Senate documents the proceedings in the chamber, including actions taken on bills, petitions and reports from committees read, and votes taken. The journals are not transcripts and therefore do not include floor speeches that are found in the modern Legislative Records.

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Language: English

Date: 1834

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