 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...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 271by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1895Full view - About this book
 | 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....which is to define a crime, and ordain its punishment. It is said, that notwithstanding this rule, the inten tion of the law maker must govern in the construction... | |
 | United States. Supreme Court - Law reports, digests, etc - 1820 - 620 pages
...ordinary acceptation, or in that sense in which the legislature has obviously used them, would comprehend. The intention of the legislature is to be collected...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... | |
 | 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,...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... | |
 | Georgia. Supreme Court - Equity - 1848 - 712 pages
...ordinary acceptation, or in that sense in which the legislature has obviously used them, would comprehend. The intention of the legislature is to be collected from the words they employ." In our judgment it was manifestly the intention of the legislature, from the words employed in the... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...legislature." He then states the rule and its qualifications as above stated by us, and then adds: " The intention of the legislature is to be collected from the words they (a) The United States v. Wilterberger, 5 Wheat. 76. use. Where there is no ambiguity in the words,... | |
 | 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,...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... | |
 | 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,...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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