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" 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... "
Reports of Cases Argued and Determined in the Circuit Court of the United ... - Stran 19
avtor: United States. Circuit Court (2nd Circuit), Samuel Blatchford - 1880 - 24 strani
Celotni ogled - O knjigi

Reports of Cases Argued and Adjudged in the Supreme ..., Količina 5;Količina 18

United States. Supreme Court - 1820
...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...
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The Register of Pennsylvania: Devoted to the Preservation of ..., Količina 5

Samuel Hazard - 1828
...department— it is the Legislature EC not the Court whioh is to define a crime and ordain the punishment. But though penal laws are to be construed strictly —...the Legislature. The maxim is not to be so applied us to narrow the words of the statute so as to excluded cases which those words in their ordinary acceptation...
Celotni ogled - O knjigi

Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Količina 2

United States. Supreme Court, Richard Peters - 1829
...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....
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Hazard's Register of Pennsylvania, Količina 5

1830
...department— it is the Legislature & not the Court which is to define a crime and ordain the punishment. But though penal laws are to be construed strictly —...be so applied as to narrow the words of the statute so as to excluded cases which those words in their ordinary acceptation or in that sense in which the...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Količina 5

United States. Circuit Court (1st Circuit), William Powell Mason, William Wetmore Story - 1831
...1. In the Supreme Court of the United States, as well as in this Court, it has been declared, that though penal laws are to be construed strictly, they are not to be construed so as to defeat the obvious intention of the legislature. 5 Wheat. 76-94 ; 1 Gallis. 114. It is therefore...
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Reports of Cases Determined in the Circuit Court of the United States, in ...

United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 651 strani
...not the court which is to define a crime and ordain the punishment. 5 Wheat. 95, 96. But though the penal laws are to be construed strictly, they are...so applied as to narrow the words of the statute, so as to exclude cases which those words, in Iheir ordinary acceptation, or in that sense in which...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Količina 15

Vermont. Supreme Court - 1844
...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,...
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The New-York Legal Observer: Containing Reports of Cases Decided ..., Količina 3

Samuel Owen - 1845
...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,...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Količina 6

Arkansas. Supreme Court - 1846
...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...
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Commentaries on Statute and Constitutional Law and Statutory and ...

E. Fitch Smith - 1848 - 976 strani
...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...
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