...independent rule which subverts the old. It is a modification of the ancient maxim, and amounts to this, that though penal laws are to be construed strictly, they...be so applied as to narrow the words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which...

...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...

...the Legislature and not in the Judicial department— it is the Legislature EC not the Court whioh is to define a crime and ordain the punishment. But...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...

...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....

...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...

...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...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 the legislature...

...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,...

...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,...

...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...

...Hall rt. the State. Chief Justice Marshall, delivering the opinion of the court, says, " that although penal laws are to be construed strictly, they are...be so applied as to narrow the words of the statute to the exclusion of cases which those words, in their ordinary acceptation, or in that sense in which...