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Senate Journal 1834 (30-318511-P012B.pdf)

11 prosecution of actions would thereby be prevented. Such, however, it is apprehended, would not be the effect of the proposed law, but the reverse. For generally where a motion in arrest of judgement can be sustained, a writ of Error may be successfully prosecuted. And a party aggrieved by an illegal judgement will be subjected to the additional expense and delay of a new writ, service, entry and other incidental charges, in order to obtain the relief which more for the interest of both parties would have been speedily afforded in a motion to arrest the judgment. For these reasons I am constrained to believe that the 5th section of the Bill presented for my approval, should it become a law, would have an effect contrary to that intended by the two branches of the Legislature which passed it, and instead of being conducive to the public good, would have a tendency to render the administration of the law less perfect and more uncertain than it is at present, and increase the delay and expense unavoidably incident to the prosecution of suits in Courts of Justice. Augusta Jany 1, 1834 Saml. E. Smith The Governor's objections to the Resolve, entitled a "Resolve relating to the public lands", to wit.

To the President of the Senate; The accompanying Resolve relating to the public lands, having been presented to me for approval, on the day previous to the final adjournment of the last Legislature, I herewith return it with my objections, to the Senate, the House in which it originated, that the same may be reconsidered, pursuant to the provisions of the Constitution. I object to this Resolve, because it is a contravention of the agreement made between this State and

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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