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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... "
Lawyers' Reports Annotated - Page 267
1909
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 5

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...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 5; Volume 18

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...
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Digest of the Laws of Virginia: Which are of a Permanent Character ..., Volume 1

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...
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A Full Report, Embracing All the Evidence and Arguments in the Case of the ...

Acquittals - 1846 - 112 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...
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Commentaries on Statute and Constitutional Law and Statutory and ...

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...
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The New-York Legal Observer, Volume 7

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...
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A Selection of Legal Maxims: Classified and Illustrated

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...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

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...
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A Treatise on the Rules which Govern the Interpretation and Application of ...

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...
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Commentaries on the Criminal Law, Volume 1

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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