 | Samuel Hazard - 1828 - 434 pàgines
...Legislature EC not the Court whioh is to define a crime and ordain the punishment. But though penal laws are to be construed strictly — they are not to be construed...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... | |
 | 1830 - 522 pàgines
...Legislature & not the Court which is to define a crime and ordain the punishment. But though penal laws are to be construed strictly — they are not to be construed...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... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 pàgines
...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 not to be construed...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... | |
 | Vermont. Supreme Court - 1844 - 820 pàgines
...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 pàgines
...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 pàgines
...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 pàgines
...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... | |
 | E. Fitch Smith - 1848 - 1004 pàgines
...are not to be extended by an equitable construction, yet it will be found equally well settled that they are not to be construed so strictly as to defeat the obvious intent of the legislature, nor are the words to be so narrowed down as to exclude from their operation... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - 1864 - 536 pàgines
...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 v. Wiltberger, 5 W. 56.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1856 - 724 pàgines
...person aggrieved." It was held in Cotheal v. Branson, (1 Selden, 562,) that a penal law should not be construed so strictly as to defeat the obvious intention of the legislature. It must be admitted that it was the clear intent of the legislature, in making this section applicable... | |
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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 legislature. 
