 It is a modification of the ancient maxim, and amounts to this, that though -penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.  The Southern Reporter - Halaman 2251918Tampilan utuh - Tentang buku ini
 | United States. Supreme Court - 1820 - 622 halaman
...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 legislature. In the act of April 30th, 1790, c. 36. the description of placet contained in the 8tb section, within... | |
 | Samuel Hazard - 1828 - 434 halaman
...to define a crime and ordain the punishment. But though penal laws are to be construed strictly — they are not to be construed so strictly as to defeat the obvious intention of the Legislature. The maxim is not to be so applied us to narrow the words of the statute so as to excluded cases which... | |
 | United States. Supreme Court, Richard Peters - 1829 - 758 halaman
...words of the act require it. Even penal laws, which, it is said, should be strictly construed, ought not to be construed so strictly as to defeat the obvious intention of the legislature. This was laid down as a rule by this Court, in the case of the United States vs. Wiltberger, 5 Wh&al.... | |
 | 1830 - 522 halaman
...to define a crime and ordain the punishment. But though penal laws are to be construed strictly — they are not to be construed so strictly as to defeat the obvious intention of the Legislature. The maxim is not to be so applied as to narrow the words of the statute so as to excluded cases which... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 halaman
...and ordain the punishment. 5 Wheat. 95, 96. But though the penal laws are to be construed strictly, they are not to be construed so strictly as to de-feat the obvious intention of the legislature. The maxim is not to be so applied as to narrow the words of the statute, so as to exclude cases which... | |
 | Vermont. Supreme Court - 1844 - 820 halaman
...comprehended both in the statute. 6. Though penal statutes should be construed strictly, yet they'should not be construed so strictly as to defeat the obvious intention of the legislature. United States v. Wiltbergen, 5 Wheaton's R. 76. The opinion of the court was delivered by BENNETT,... | |
 | Samuel Owen - 1845 - 434 halaman
...by the report, that while it was true that penal statutes were to be construed strictly, they were " not to be construed so strictly as to defeat the obvious intention of the legislature, when that intention can be collected from the words used in the act." This position, in its just sense,... | |
 | Arkansas. Supreme Court - 1846 - 628 halaman
...under the statute. Penal statutes must be construed strictly, 1 Black. Com. 88. Pennl statutes, though not to be construed so strictly as to defeat the obvious intention of the legislature, must not be so construed as to embrace any thing which was not clearly and unquestionably intended... | |
 | E. Fitch Smith - 1848 - 1040 halaman
...construed strictly, should also be observed, which is, that while they are to be strictly construed, yet they are not to be construed so strictly as to defeat the obvious intention of the legislature, and the words are not to be so narrowed down as to exclude cases which those words, in their ordinary... | |
 | Georgia. Supreme Court - 1848 - 712 halaman
...delivering the opinion of the court, says, " that although penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature. The maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases which... | |
| |
