... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one. The Elements of Jurisprudence - Page 63by Thomas Erskine Holland - 1900 - 430 pagesFull view - About this book
| Henry Baldwin - 1837 - 230 pages
...determine, not according to his private sentiment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one. 1 Bl. Com. 70. " The common law hath no controller in any part of it;" but by parliament; and if not... | |
| Henry Baldwin - 1837 - 236 pages
...determine, not according to his private sentiment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one. 1 Bl. Com. 70. " The common law hath no controller in any part of it;" but by parliament; and if not... | |
| Sir William BLACKSTONE - 1837 - 468 pages
...not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one. Yet this rule admits of exception, where the former determination is most evidently contrary to reason... | |
| 1838 - 1012 pages
...not according to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one." — Black. Com. Vol. I. p. 69. If a decision is manifestly founded upon a mistake, its authority may... | |
| Thomas Robert Hay-Drummond Kinnoull (10th Earl of), Charles Robertson - 1838 - 1018 pages
...according to his own private " judgment, but according to the known laws and customs of the " land ; not delegated to pronounce a new law, but to maintain " and expound the old one,'" &c. The series of decisions are here of the more importance, when you attend to the ground on which... | |
| William Blackstone - 1838 - 910 pages
...not according to his own private judgment, but according to the known laws, and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one. Yet this rule admits of exception, where the former determination is most evidently contrary to rea[*70]... | |
| William Blackstone, James Stewart - 1839 - 556 pages
...not according 'to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one. Yet this rule admits of exception, where the former determination is most evidently [ 70 ] contrary... | |
| Henry John Stephen - 1841 - 626 pages
...Office is to be established. in general placed under the superin- (t/) SeM. ttcview of Tith. c. 6. not delegated to pronounce a new law, but to maintain and expound the old one. Yet a single determination is not sufficient to establish an inflexible rule — more particularly... | |
| 1844 - 506 pages
...sworn to determine, not according to his own private judgment, but according to the law of the land ; not delegated to pronounce a new law, but to maintain and expound the old one." The conclusion to which he comes is that precedents and rules must be followed unless flatly absurd... | |
| Herbert Broom - 1845 - 544 pages
...according to his own private judgment, but according to the known laws and customs of the land, — not delegated to pronounce a new law, but to maintain and expound the old one (/), jus dicere et non jus dare (m). (i) 1 Bla. Com. 70. See Ram's Kenyon, CJ, 5 TR 682, and 6 Science... | |
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