 The rule that 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...  The New-York Legal Observer - Page 66edited by - 1849Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1820 - 662 pages
...«« . I f construction of is perhaps not much less old than construction itself. p*nal """»«• It is founded on the tenderness of the law for the...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1820 - 620 pages
...old than construction itself. Pcnal «t«i»t«. It is founded on the tenderness of the law for the V rights of individuals ; and on the plain 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... | |
 | Samuel Hazard - Pennsylvania - 1828 - 434 pages
...statutes as old and well established as law itself and must be always borne in mind by Courts and Juries. It is founded on the tenderness of the law for the rights of individuals verdict accordingly. At the same time it is our duty to gay, that it a in perfect accordance with the... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - Law reports, digests, etc - 1837 - 670 pages
...statutes as old and well established as law itself, and must be always borne in mind by courts and juries. It is founded on the tenderness of the law for the rights of individuals, and on the plain and universal principle that the power of punishment is vested in the legislature, and not in the judicial... | |
 | Joseph Tate - Law - 1841 - 992 pages
...nothing admitted by inference or implication, per Fleming, J. Fell v. Overseers of Jlvgusta, 3 Munf. 507. The rule that penal laws are to be construed strictly,...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... | |
 | Dueling - 1846 - 110 pages
...says Chief Justice Marshall, "that penal laws should be construed strictly, is perhaps not much 'ess old than construction itself. It is founded on the tenderness of the law for the rights of ind : viduals, . and on the plain principle that the power of punishment is vested in the legislature,... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...intention it must be. considered as within the letter, so if it be within the reason of the statute. The rule that penal laws are to be construed strictly,...in the judicial department. It is the legislature and not the court which is to define the crimes and ordain the punishment. It was true that the intention... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...the personal liberty of the subject, and I hope will always remain so."* This rule, however, which is founded on the tenderness of the law for the rights...principle that the power of punishment is vested in the legislative, and not in the judicial department, must not be so applied as to narrow the words of the... | |
 | Joel Prentiss Bishop - Criminal law - 1858 - 1012 pages
...Southeastern Railway, $ Eq. Rep. 281, 24 Law J., N. 8., S63, 1 Jur., N. 8., 813, 31 Eng. L. & Eq. 320. * " The rule, that penal laws are to be construed strictly,...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... | |
 | Alexandra, vessel - 1864 - 618 pages
...Lordships. He is citing a ARGUMENT. statute respecting manslaughter upon the high seas, and he says, " The rule that penal laws are to be construed strictly is, perhaps, '".' ^y> " not much less old than construction itself. It is founded on " the tenderness of the law... | |
| |
