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. Congress. House - United States - 636 pages
...strictly. " It is founded (savs the Supreme Court, in the United States vs. Wiltburger, 5 Wheat 76) on the tenderness of the law for the rights of individuals,...principle that the power of punishment is vested in the legislative, not iu the judicial department. It is the legislature, not a court, which is to define... | |
| Law reports, digests, etc - 1902 - 1164 pages
...offense under the statute. Whiteley v. Chappell, LR 4 QB 147. Marshall, CJ,'ia US v. Wiltberger, said: "The rule that penal laws are to be construed strictly is, perhaps, not less old than construction itself. It Is founded on the tenderness of the law for the rights of individuals,... | |
| John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1893 - 1174 pages
...construed, the courts cannot supply." In US v. Wiltberger, 5 Wheat. (U. S.) 76, Marshall, C. ]., said : "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... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1887 - 1016 pages
...Wiltberger, 5 Wheat. 76, Chief-Justice Marshall, speaking for the Supreme Court of the United States, said: "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 would be dangerous, indeed, to carry the principle,... | |
| Law reports, digests, etc - 1913 - 1068 pages
...5 L. Ed. 37, the Supreme Court of the United States, speaking through Chief Justice Marshall, said: "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... | |
| Law reports, digests, etc - 1914 - 1062 pages
...language of Chief Justice Marshall in United States v. Wiltberger, 5 Wheat 76, 5 L. Ed. 37: "The rale that penal laws are to be construed strictly is perhaps...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... | |
| Law reports, digests, etc - 1895 - 1200 pages
...Bish. St Crimes (2d Ed.) ยงยง 196-227. The reason of the rule is found In the tenderness of the law for individuals, and on the plain principle that the power of punishment is vested in the legislature, and not In the judicial department. It Is the duty of the legislature, and not the courts, to define... | |
| Law reports, digests, etc - 1906 - 1292 pages
...that the rule Itself is founded upon the respect of the law for the rights of individuals, and upon the plain principle that the power of punishment Is vested in the Legislature and not in the Judicial departments of the government It is unnecessary to multiply authorities on... | |
| Gustav Adolf Endlich - Law - 1888 - 970 pages
...and faithfully, its plain and rational meaning, and to promote its object. It was founded, however, on the tenderness of the law for the rights of individuals, and on the sound principle that it is for the Legislature, not the Court, to deline a crime and ordain its punishment... | |
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1890 - 828 pages
...and faithfully, its plain and rational meaning, and to promote its object. It was founded, however, on the tenderness of the law for the rights of individuals, and on the sound principle that it is for the legislature, not the court, to define a crime and ordain its punishment."... | |
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