| Samuel Hazard - 1828 - 434 halaman
...statutes as old and well established as law itself and must be always borne in mind by Courts and Juries. It is founded on the tenderness of the law for the rights of individuals verdict accordingly. At the same time it is our duty to gay, that it a in perfect accordance with the... | |
| United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 halaman
...statutes as old and well established as law itself, and must be always borne in mind by courts and juries. It is founded on the tenderness of the law for the rights of individuals, and on the plain and universal principle that the power of punishment is vested in the legislature, and not in the judicial... | |
| 1846 - 110 halaman
...says Chief Justice Marshall, "that penal laws should be construed strictly, is perhaps not much 'ess old than 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 vested in the legislature,... | |
| E. Fitch Smith - 1848 - 1040 halaman
...intention it must be. considered as within the letter, so if it be within the reason of the statute. The rule that penal laws are to be construed strictly,...principle that the power of punishment is vested in the legislature, not in the judicial department. It is the legislature and not the court which is to define... | |
| Samuel Owen - 1849 - 404 halaman
...statute.* The law upon this subject is laid down by Ch. J. Marshall with his usual force and clearness.t " The rule that penal laws are to be construed strictly,...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... | |
| Herbert Broom - 1852 - 616 halaman
...the personal liberty of the subject, and I hope will always remain so."* This rule, however, which is founded on the tenderness of the law for the rights...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 - 1857 - 770 halaman
...was held that the United States had no jurisdiction under the 12th section ; and the court said, — The rule that penal laws are to be construed strictly,...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... | |
| Alexandra, vessel - 1864 - 618 halaman
...Lordships. He is citing a ARGUMENT. statute respecting manslaughter upon the high seas, and he says, " The rule that penal laws are to be construed strictly is, perhaps, '".' ^y> " not much less old than construction itself. It is founded on " the tenderness of the law... | |
| Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, Francis Joseph Coltman - 1866 - 662 halaman
...own Government, and of which no nation would be the dupe." (t) The following passage was cited : — "The rule that penal laws are to be construed strictly...the plain principle that the power of punishment is rested in the legislative, not in the judicial department. It is the legislature, not the Court, which... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1867 - 610 halaman
...construction of penal statutes is thus stated by Chief Justice MARSHALL : " The rule that penal statutes are to be construed strictly is, perhaps, not much...It is founded on the tenderness of the law for the right of individuals; and on the plain principle that the power of punishment is vested in the legislative,... | |
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