This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation... Southern Reporter - Page 3411923Full view - About this book
| Law reports, digests, etc - 1891 - 936 pages
...search and seize, except in cases authorized by the common law or by statute? "It is the duty of the courts to be watchful for the constitutional rights...citizen, and against any stealthy encroachments thereon." After a careful examination of the Constitution, prohibiting unreasonable searches and seizures, the... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1038 pages
...March and seize, except in cases authorized by the common law or by statute? " It is the duty of the courts to be watchful for the constitutional rights of the citizen, and against any ttealthy encroachments thereon." After a careful examination of the constitution, prohibiting unreasonable... | |
| Frank Sumner Rice - Criminal procedure - 1894 - 1062 pages
...close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than...stealthy encroachments thereon. Their motto should be dbsta principiis." In that case, the fifth section of the Act of June 22, 1874 (18 Stat. at L. 187)... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1894 - 1024 pages
...close and literal construction deprives them of half their efficacy and leads to gradual depreciation of the right, as if it consisted more in sound than...stealthy encroachments thereon. Their motto should be, obsta principiit." We hold, therefore, that the court was not authorized to direct the petitioner to... | |
| William Packer Prentice - Police power - 1894 - 578 pages
...close and literal construction deprives them of half their efficacy and leads to a gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of the courts to be watchful for the constitutional rights of the citizen and against any stealthy encroachments... | |
| Law reports, digests, etc - 1894 - 1148 pages
...close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as If It consisted more in sound than in substance. It Is tlie duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy... | |
| Washington (State). Supreme Court, Eugene Genroy Kreider - Law reports, digests, etc - 1895 - 798 pages
...close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than...stealthy encroachments thereon. Their motto should be obsta principiis. " We must regard it as a mere lapse that the legislature should in this instance... | |
| Henry Budd, Ardemus Stewart - Equity - 1896 - 828 pages
...made for the court by Mr. Justice BRADLEY in Boyd v. US, 116 US 616, 635, 6 Sup. Ct. Rep. 524,, that '-it is the duty of courts to be watchful for the...stealthy encroachments thereon. Their motto should be obsta principiis." But the power of a court to make an order carries with it the equal power to punish... | |
| |