 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...  Lawyers' Reports Annotated - Page 2671909Full view - About this book
 | United States. Supreme Court - Law reports, digests, etc - 1820 - 662 pages
...p*nal """»«• 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...which is to define a crime, and ordain its punishment. It is said, that notwithstanding this rule, the intention of the law maker must govern in the construction... | |
 | United States. Supreme Court - Law reports, digests, etc - 1820 - 620 pages
...words they employ. Where there is no ambiguity in 1820. the words, there is no room for construction. The case, must be a strong one indeed, which would justify a Court in departing from the plain meaning of erser. wor(js^ especially jn a penal act, in search of... | |
 | Joseph Tate - Law - 1841 - 992 pages
...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...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... | |
 | 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... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...5 Wheat. 76. 109 use. Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one indeed, which would justify a court in departing from the plain meaning of the words, especially in penal acts, in search of an intention... | |
 | 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... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...rule, however, which 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 the legislative, and not in the judicial department, must not be so applied as to narrow the words of the statute to... | |
 | 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,...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... | |
 | Theodore Sedgwick - Constitutional history - 1857 - 774 pages
...the words they employ. Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one, indeed, which would justify a court in departing from the plain meaning of words, especially in a penal act, in search of an intention... | |
 | Joel Prentiss Bishop - Criminal law - 1858 - 1012 pages
...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...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... | |
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