 | United States. Supreme Court - 1820 - 622 sider
...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 sider
...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 — they are...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... | |
 | United States. Supreme Court, Richard Peters - 1829 - 758 sider
...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.... | |
 | United States. Circuit Court (1st Circuit), William Powell Mason - 1831 - 636 sider
...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... | |
 | Vermont. Supreme Court - 1844 - 820 sider
...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 sider
...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 sider
...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 sider
...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 sider
...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 sider
...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.... | |
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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... 
