 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.  Wisconsin Reports - Страница 8написао/ла Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1898Пуни преглед - О овој књизи
 | United States. Supreme Court - 1820 - 620 страница
...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. United States v. Wiltbergtr, 76. 95 PIRACY. 1. A commission issued by Avfy, as " Brigadier of the Mexican... | |
 | Samuel Hazard - 1828 - 434 страница
...define a crime and ordain the punishment. But 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. The maxim is not to be so applied us to narrow the words of the statute so as to excluded cases which... | |
 | United States. Supreme Court, Richard Peters - 1829 - 758 страница
...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.... | |
 | 1830 - 522 страница
...define a crime and ordain the punishment. But 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. The maxim is not to be so applied as to narrow the words of the statute so as to excluded cases which... | |
 | United States. Circuit Court (3rd Circuit), Henry Baldwin - 1837 - 670 страница
...ordain the punishment. 5 Wheat. 95, 96. But though the penal laws are to be construed strictly, they are not to be construed so strictly as to de-feat the obvious intention of the legislature. The maxim is not to be so applied as to narrow the words of the statute, so as to exclude cases which... | |
 | Vermont. Supreme Court - 1844 - 820 страница
...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 страница
...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 страница
...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... | |
 | Georgia. Supreme Court - 1848 - 712 страница
...delivering the opinion of the court, says, " that although penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature. The maxim is not to be so applied as to narrow the words of the statute to the exclusion of cases which... | |
 | E. Fitch Smith - 1848 - 1004 страница
...the words of the act required it. Even penal laws, which should be strictly construed, ought not lo be construed so strictly as to defeat the obvious intention of the legislature. §751. The same principle was also applied in the case of The United States v. Morris.(a) In this case... | |
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