 | Joseph Tate - Law - 1841 - 992 pages
...department. It is the legislature, not the court, which is to define a crime, and ordain its punishment. It would be dangerous indeed, to carry the principle,...mischief of a statute, is within its provisions, so far aa to punish a crime not enumerated in the statute, because it is of equal atrocity, or kindred character,... | |
 | Dueling - 1846 - 110 pages
...department. It is the legislature, not the court, which is to define the crime and ordain its punishment. It would be dangerous, indeed, to carry the principle,...in the statute, because it is of equal atrocity or kindred character with those which are enumerated." See 5 Wheat. 95, 96. Accordingly, it is said, that... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1040 pages
...To determine that a case is within the intention of a statute, its language must authorize the court to say so. It would be dangerous indeed to carry the principle that a case that is within the reason or mischiefs of a statute is within its provisions, so far as to punish a... | |
 | E. Fitch Smith - Constitutional law - 1848 - 1004 pages
...1 Stev. Elec. L. (4) 3 Wils. 126. (c) Day, 702. (rf) 1 Wils. folio, 412 ; see also Black. R. 12-26. within its provisions, so far as to punish a crime not enumerated within the statute, because it was of equal atrocity, or of a kindred character with those named in... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 792 pages
...construction. It would be dangerous to carry the principle that a case which is within the reasons or mischief of a statute is within its provisions, so far as to punish a crime not enumerated within the statute, because it is of equal atrocity or kindred character with those which are enumerated.... | |
 | Law reports, digests, etc - 1903 - 1116 pages
...suggest. To determine that a case is within the Intention of a statute, Its language must .authorize us to say so. It would be dangerous, indeed, to carry...kindred character with those which are enumerated." It would not be less dangerous to strike down any or all liens of mortgages which are superior in date... | |
 | Law reports, digests, etc - 1884 - 1912 pages
...suggest. To determine that a case is within the intention of a statute, its language must authorize us to say so. It would be dangerous indeed to carry...kindred character with those which are enumerated. P^errctt v. Atirill, I Blatchf. 151-156. See, also, The Saratofia, i» FED. HEP. 322 -325; US v. Templt,... | |
 | Law reports, digests, etc - 1908 - 2268 pages
...» * » To determine that a case Is within the Intention of the statute, Its language must authorize us to say so. It would be dangerous. Indeed, to carry...that a case which Is within the reason or mischief of the statute is within Its provisions so far as to punish a crime not enumerated in the statute, because... | |
 | Law reports, digests, etc - 1920 - 2100 pages
...within the intention of the statute Its language must authorize us to say so. It would be dnngerous, indeed, to carry the principle that a case which Is within the reason or mischief of the statute is within its provision, so far as to punish a crime not enumerated in the statute, because... | |
 | Law reports, digests, etc - 1894 - 1266 pages
..."To deter- a mine that a caso is within the Intention of ÎJ a statute,*its language must authorize us to* say so. It would be dangerous, indeed, to carry...in the statute, because it is of equal atrocity, or at kindred character, with those -which are enumerated." 5 Wheat 95, 96. And in answer to the suggestion... | |
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To determine that a case is within the intention of a statute its language must authorize us to say so. It would be dangerous, indeed, to carry the principle that a case which is within the reason or mischief of a statute is within its provisions, so... 
