 ... 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.  Abridgment of Blackstone's Commentaries - Seite 10von William Blackstone, William Cyrus Sprague - 1893 - 533 SeitenVollansicht - Über dieses Buch
 | John Charles Townes - 1909 - 222 Seiten
...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 — Jus dicere et non jus da-re." This is, perhaps, as strong and broad a statement of the doctrine... | |
 | Augustus Theodore Wirgman - 1909 - 286 Seiten
...breast of any subsequent judge to alter or swerve from according to his private sentiments : he being not delegated to pronounce a new law, but to maintain and expound the old one, ius dicere, et non ius dare' (Broom's Legal Maxims, p. 109). " I venture to cite these Civil Law maxims,... | |
 | Charles Erehart Chadman - 1912 - 624 Seiten
...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,...exception, where the former determination is most evidently [*70] contrary to reason; *much more if it be clearly contrary to the divine law. But even in such... | |
 | Henry Campbell Black - 1912 - 832 Seiten
...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." 2 In regard to the presumption of correctness attaching to a judicial decision, it may be remarked... | |
 | 1924 - 128 Seiten
...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 — jus dicere et non jus dare. I might say, since there is a warning to new judges here, that this... | |
 | United States. Department of the Treasury - 1914 - 1214 Seiten
...to determine, not according to hia 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. But to this general rule he makes exceptions, limitations, and modifications, as follows: If the decision... | |
 | E. Hilton Jackson - 1915 - 348 Seiten
...he being sworn to determine, not according to his private judgment, but according to the known laws of the land : not delegated to pronounce a new law, but to maintain and expound the old one. (See Maxims 442, 1060, 719.) 762. Omnis interpretaiio si fieri potest ita fienda est in instrument's,... | |
 | William Blackstone - 1915 - 1632 Seiten
...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 i Seld. Review of Tith. c. 8. . • reasonably claim on the ground of his equality with the rest. Even... | |
 | Georgia Bar Association - 1916 - 492 Seiten
...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." But he does not leave the courts in chains. He states that this rule admits of exceptions, particularly... | |
 | 1917 - 702 Seiten
...upon the conception which English jurists hold of the relation between custom and judicial decision: "Yet this rule admits of exception, where the former...determination is most evidently contrary to reason; and much more if it be contrary to the divine law. But even in such case the subsequent judges do not... | |
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