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" ... 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 63
by Thomas Erskine Holland - 1900 - 430 pages
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A General View of the Origin and Nature of the Constitution and Government ...

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...
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A General View of the Origin and Nature of the Constitution and Government ...

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...
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Select Extracts from Blackstone's Commentaries ... With a glossary ...

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...
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The Dublin University Magazine: A Literary and Political Journal, Volume 11

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...
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Report of the Auchterarder Case: The Earl of Kinnoull, and the Rev. R. Young ...

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...
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Commentaries on the Laws of England: In Four Books; with an ..., Volume 1

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]...
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The Rights of Persons, According to the Text of Blackstone: Incorporating ...

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...
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New Commentaries on the Laws of England: (Partly Founded on Blackstone).

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...
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American Law Magazine, Volume 3

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...
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A Selection of Legal Maxims, Classified and Illustrated

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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