 ... penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals, and on the plain principle that the power of punishment is vested in the legislative,...  United States Supreme Court Reports - Seite 38von United States. Supreme Court - 1910Vollansicht - Über dieses Buch
 | United States. Supreme Court - 1820 - 620 Seiten
...principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the Court, which is to define...that notwithstanding this rule, the intention of the law maker must govern in the construction of penal, as well as other statutes. This is true. But this... | |
 | United States. Supreme Court - 1820 - 622 Seiten
...principle that the power of punishment is vested in the legislative. not in the judicial department. It is the legislature. not the Court, which is to define...punishment. It is said, that notwithstanding this rule, the inten tion of the law maker must govern in the construction of penal, as well as other statutes. This... | |
 | Joseph Tate - 1841 - 992 Seiten
...principle, that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment. It would be dangerous indeed, to carry the principle, that a case which is within the reason or mischief... | |
 | Samuel Owen - 1849 - 404 Seiten
...principle that the power of punishment is vested in -the legislature, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment." And again, "this maxim is not to be so applied as to narrow the words of the statute to the exclusion... | |
 | Theodore Sedgwick - 1857 - 770 Seiten
...principle, that the power of punishment is vested in the legislature, not in the judicial department. It is the legislature, not the court, which is to define...rule, the intention of the lawmaker must govern in its construction of penal, as well as other statutes. This is true. But this is not a new, independent... | |
 | Joel Prentiss Bishop - 1858 - 1012 Seiten
...principle, that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the court, which is to define...intention of the lawmaker must govern in the construction j)t' penal as well as other statutes. This is true, B, ut this is not a new, independent rule, which... | |
 | Richard Peters - 1860 - 836 Seiten
...Rep. 593. 232. Though penal laws are to be construed strictly, yet the intention of the legislature must govern in the construction of penal as well as other statutes, and they are not to be construed so strictly as to defeat the obvious intention of the legisfature.... | |
 | Alexandra, vessel - 1864 - 618 Seiten
...that the power of punishment is vested in " the legislative and not in the judicial department. It is the " legislature, not the Court, which is to define a crime and to " ordain its punishment." Then there follow these words, " It " is said that, notwithstanding this... | |
 | Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - 1866 - 662 Seiten
...principle that the power of punishment is rested in the legislative, not in the judicial department. It is the legislature, not the Court, which is to define...punishment. It is said that, notwithstanding this rale, the intention of the lawmaker must govern in the construction of penal, as well as other statutes.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1867 - 610 Seiten
...principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime and ordain its punishment. * * The intention of the legislature is to be collected from the Rhode «. Green. words they employ.... | |
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