2 N.J.L. 211
Decided May 15, 1807
Supreme Court of New Jersey · decided 1807-05-15
Conger, the defendant in certiorari, was an overseer of the road, and had brought an action against Broadwell, the plaintiff in this court, for a penalty under the road act- for not working on the highway, and had judgment. Broad-well appealed to the common pleas, who confirmed the judgment of the justice, and now he removes the cause from the common pleas into this court.
Decided 1807-05-15
¶1ON CERTIORARI.
¶2Judgment on a penal statute, must be on the entire penalty.
¶3moved the
¶4court to reverse the judgment for that cause. He said that a penal statute must be strictly pursued, and that a penalty given by the statute could not be varied or altered, neither made less, or increased by the court, — and the court, being of that opinion, reversed the judgment.