 | United States. Supreme Court - 1820 - 662 pagini
...«« . I f construction of is perhaps not much less old than construction itself. p*nal """»«• It is founded on the tenderness of the law for the...in the legislative, not in the judicial department. It is the legislature, not the Court, which is to define a crime, and ordain its punishment. It is... | |
 | United States. Supreme Court - 1820 - 620 pagini
...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...in the legislative, not in the judicial department. It is the legislature, not the Court, which is to define a crime, and ordain its punishment. It is... | |
 | Samuel Hazard - 1828 - 434 pagini
...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 pagini
...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... | |
 | Joseph Tate - 1841 - 992 pagini
...nothing admitted by inference or implication, per Fleming, J. Fell v. Overseers of Jlvgusta, 3 Munf. 507. The rule that penal laws are to be construed strictly,...in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment. It would... | |
 | 1846 - 110 pagini
...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 pagini
...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 pagini
...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 pagini
...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 pagini
...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... | |
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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... 
