 | United States. Supreme Court - Law reports, digests, etc - 1820 - 662 pages
...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,...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 - Law reports, digests, etc - 1820 - 622 pages
...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....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 - Law - 1841 - 992 pages
...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,...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... | |
 | Dueling - 1846 - 110 pages
...: viduals, . and on the plain 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 the crime and ordain its punishment. It would be dangerous, indeed, to carry the principle, "that a... | |
 | Samuel Owen - Law - 1849 - 404 pages
...individuals, and on the plain principle that the power of punishment is vested in -the legislature, not in the judicial department. It is the legislature,...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
...individuals ; and on the plain principle, that the power of punishment is vested in the legislature, not in the judicial department. It is the legislature,...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 - Criminal law - 1858 - 1012 pages
...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,...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 - Law reports, digests, etc - 1860 - 836 pages
...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 pages
...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...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
...individuals, and on the plain principle that the power of punishment is rested in the legislative, not in the judicial department. It is the legislature,...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.... | |
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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 in... 
