 The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.  Reports of Cases Decided in the Supreme Court of the State of North Dakota - Page 69by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Ames Francis Wilbur, Edgar Whittlesey Camp, John McDowell Cochrane, Edwin James Taylor, Joseph Coghlan - 1918Full view - About this book
 | John Elihu Hall - 1813 - 658 pages
...that our courts were not bound to understand and enforce it. The counsel for the appellant insisted on the rule of the common law, that penal statutes are to be construed strictly against the accuser; nor was he aware of any privilege which the embargo act and... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 562 pages
...what actioni and proceedings this code applies. 1054. This code to take effect July 1, 1850. § 1045. The rule of the common law, that penal statutes are...strictly construed, has no application to" this code. This code establishes the law of this state, respecting the subjects to which it relates ; and its... | |
 | New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 558 pages
...what actions and proceedings this code applies. Kb 1. This code to take effect July 1, 1850. § 1045. The rule of the common law, that penal statutes are to be strictly construed, has no application to'this code. This code establishes the law of this state, respecting the subjects to which it relates... | |
 | New York (State). Commissioners of the Code, David Dudley Field - 1864 - 358 pages
...jury, if they convict the prisoner, shall find the degree of the crime, of which he is guilty. g 10. The rule of the common law that penal statutes are to be strictly construed, has no application p'enai'code. to this Code. All its provisions are to be construed according to the fair import of their... | |
 | 1870 - 402 pages
...had not been passed." It will be observed that this section abolishes all common law offences. "§10. The rule of the common law that penal statutes are...are to be construed according to the fair import of their terras, with a view to effect its objects and to promote justice." As a further specimen of the... | |
 | California - 1872 - 698 pages
...1'cnui Code are to |je strictly construed, has no application to this t <ffru • v*«<W'«5/**7j0rie- All its provisions are to be construed according *"* ' " to the fair import of their terms, with a view to effect . its objects and to promote justice. NOTE. — It is a rule of... | |
 | Nicholas St. John Green - 1879 - 838 pages
...somewhat in interpreting this clause, by section four of the Penal Code, which is in these words : " The rule of the common law that penal statutes are...are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice." The particular purpose intended... | |
 | California - 1874 - 712 pages
...Commentaries, Sec. 533. tton'ofThe ^' ^'IC ru^e °^ *^e commou law> tna' penal statutes Penal Code &Te jo |je strictly construed, has no application to this Code....are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice. NOTE. — It is a rule of law... | |
 | 1874 - 802 pages
...duties of debtor and creditor. Such an act must be construed — as indeed should all public acts — " according to the fair import of its terms, with a view to effect its objects and to promote justice" The petitioner is entitled tc judgment declaring the respondent a bankrupt,... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...of it is retroactive, unless expressly so declared. 13.004. Construction of the Penal Code. SEC. 4. " Instead of " prima facie," it had the word " primary."...affidavit taken in another state of the United States, to their terms, with a view to effect its objects and to promote justice. 13.005. Proi'iifiojis similar... | |
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