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
| Law reports, digests, etc - 1910 - 1280 pages
...must be construed strictly against the state and favorably to the liberty of the citizen. The maxim Is founded on the tenderness of the law for the rights...power of punishment Is vested In the Legislature, and not In the judicial department. No man Incurs a penalty unless the act which subjects him to It... | |
| Law reports, digests, etc - 1910 - 1270 pages
...must be construed strictly against the state and favorably to the liberty of the citizen. The maxim Is founded on the tenderness of the law for the rights...the plain principle that the power of punishment Is vosted In the Legislature, rind not in the Judicial department. No man Incurs a penalty unless the... | |
| Sir William Oldnall Russell - Criminal law - 1910 - 1274 pages
...numerous authorities in which it is said that penal statutes must be construed strictly, a rule founded on the plain principle that the power of punishment is vested in the Legislature, in which lies the authority to define crimes and ordain punishment (6). The true rule is that stated... | |
| Henry Campbell Black - Law - 1911 - 776 pages
...before the Supreme Court of the United States, and was explained and commented on by him as follows: "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... | |
| Theodore Schroeder - Criminal act - 1911 - 448 pages
...punished under such a statute unless clearly within its terms."74 Chief Justice Marshall said this : "The rule that penal laws are to be construed strictly,...founded on the tenderness of the law for the rights of the individuals; and on the plain principle that the power of punishment is vested in the legislative,... | |
| Theodore Schroeder - Freedom of the press - 1911 - 452 pages
...punished under such a statute unless clearly within its terms."74 Chief Justice Marshall said this : "The rule that penal laws are to be construed strictly,...founded on the tenderness of the law for the rights of the individuals ; and on the plain principle that the power of punishment is vested in the legislative,... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1927 - 1300 pages
..."must be construed strictly against the State and favorably to "the liberty of the citizen. The maxim is founded on the tenderness of the law for the rights...the power of punishment is vested in the legislature and not in the judicial department. No man incurs a penalty unless the act which subjects him to it... | |
| Theodore Schroeder - Criminal act - 1911 - 452 pages
...less old than construction itself. It is founded on the tenderness of the law for the rights of the 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... | |
| United States. Congress. House. Committee on Interstate and Foreign Commerce - Drugs - 1912 - 550 pages
...Wheaton, in which a decision was rendered by Chief Justice Marshall, the court clearly states that — the rule 'that penal laws are to be construed strictly...tenderness of the law for the rights of individuals on the plain principles that the power of punishment Is vested in the legislature and not in the judicial... | |
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