 | United States. Supreme Court - Law reports, digests, etc - 1820 - 622 pages
...perhaps not much less old than construction itself. Pt"sI ,i*tntM. 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 the legislative. not in the judicial department. It is the legislature. not the Court, which is to define... | |
 | United States. Supreme Court - Law reports, digests, etc - 1820 - 620 pages
...old than construction itself. Pcnal «t«i»t«. It is founded on the tenderness of the law for the V rights of 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... | |
 | Joseph Tate - Law - 1841 - 992 pages
...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 the legislative, not in the judicial department. It is the legislature, not the court, which is to define... | |
 | Dueling - 1846 - 110 pages
...construction itself. It is founded on the tenderness of the law for the rights of ind : viduals, . and on the plain principle that the power of punishment...is to define the crime and ordain its punishment. It would be dangerous, indeed, to carry the principle, "that a case which is within the reason or mischief... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...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...in the judicial department. It is the legislature and not the court which is to define the crimes and ordain the punishment. It was true that the intention... | |
 | Samuel Owen - Law - 1849 - 404 pages
...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...the legislature, not the court, which is to define a crime, and ordain its punishment." And again, "this maxim is not to be so applied as to narrow the... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...subject, and I hope will always remain so."* This 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... | |
 | Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...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...the legislature, not the court, which is to define a crime and ordain its punishment. It is said that, notwithstanding this rule, the intention of the... | |
 | Joel Prentiss Bishop - Criminal law - 1858 - 1012 pages
...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 the legislative, not in the judicial, department. It is the legislature, not the court, which is to define... | |
 | Alexandra, vessel - 1864 - 618 pages
...perhaps, '".' ^y> " 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 " the legislative and not in the judicial department. It is the " legislature, not the Court, which is to... | |
| |
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... 
