 | United States. Supreme Court - Law reports, digests, etc - 1820 - 622 pages
...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 is said, that notwithstanding this rule, the inten tion of the law maker must govern in the construction... | |
 | Joseph Tate - Law - 1841 - 992 pages
...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 - Law - 1849 - 404 pages
...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 - Constitutional history - 1857 - 770 pages
...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. It is said that, notwithstanding this rule, the intention of the lawmaker must govern in its construction... | |
 | Joel Prentiss Bishop - Criminal law - 1858 - 1012 pages
...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 is said, that notwithstanding this rule, the intention of the lawmaker must govern in the construction... | |
 | Alexandra, vessel - 1864 - 618 pages
...principle 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 - Law reports, digests, etc - 1866 - 662 pages
...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 a crime, and ordain its punishment. It is said that, notwithstanding this rale, the intention of the lawmaker must govern in the construction... | |
 | 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 - Law reports, digests, etc - 1867 - 610 pages
...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.... | |
 | Francis Bacon - Conduct of life - 1868 - 694 pages
...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. — United States v. Wiltberger, 5 Wheaton, 95. p. 550, 1. 24. " It is no grace to a judge first to... | |
 | Francis Bacon - Conduct of life - 1868 - 786 pages
...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. — United States v. Wiltberger, 5 Wheaton, 95. p. 550, 1. 24. '- It is no grace to a judge first to... | |
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... 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... 
