 It is, indeed, in the discretion of the court to bail a person so circumstanced. But discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humor; it must not be arbitrary, vague, and...  The Congressional Globe - Страница 25по United States. Congress - 1868Пълен достъп - Информация за книгата
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 650 страници
...Court of justice, means sound discretion guidedby law. Itmust begpvern1770. ed by rule, not by humour: it must not be arbitrary, vague, and fanciful; but legal and regular. REX This defendant was not present, when convicted. He V- afterwards withdrew from justice, and was... | |
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1821 - 608 страници
...justice, it means a sound discretion guided by law ; it must be governed by rule and not by humour ; it must not be arbitrary, vague and fanciful, but legal and regular. Rex v. Wilkcs, 3 Burr. 2539. VOL. IV.— L 1 1818. Principles of decisions adopted by equity, when... | |
 | Richard Burn - 1831 - 972 страници
...Court of justice, means sound discretion, guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague, and fanciful, but legal and regular. R. v. Willis, 4 Burr. 2.539. And Lord Kenyan said, in the case of WlUon v. Rastall, 4 TR 737 — "... | |
 | Georgia. Supreme Court - 1888 - 946 страници
...25, 39, is such a " discretion as, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humor;...arbitrary, vague and fanciful, but legal and regular." In Rooke's case, 5 R., 99(b), it is said: "And notwithstanding the words of the commission give authority... | |
 | Oliver Lorenzo Barbour - 1862 - 714 страници
...Mansfield says that " discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humor;...arbitrary, vague and fanciful, but legal and regular." (Rex v. Wilkes, 4 Burv. Rep. 2539.) A definition which leaves but little room for the exercise of judgment,... | |
 | Edward Parkyns Levinge - 1862 - 844 страници
...court of justice, means sound discretion guided by law. It must be governed by rule and not by humour ; it must not be arbitrary, vague, and fanciful ; but legal and regular (/). In most cases a JP is imperatively called upon to act ; and generally where the statute directs... | |
 | Robert S. Blackwell - 1864 - 724 страници
...Discretion," said Lord Mansfield,2 " when applied to a court of law, means sound discretion, guided by law. It must be governed by rule, not by humor....arbitrary, vague, and fanciful, but legal and regular." This is the principle by which the courts are controlled in reference to precedents. A single decision... | |
 | Nathan Howard (Jr.) - 1865 - 630 страници
...applied to a court of justice, means sound discretion guided by law; it must be governed by rule, nofc by humor : it must not be arbitrary, vague and fanciful, but legal and regular." The writ will always be awarded as matter of right, upon proper case shown (see 2 John. Cases, 2d ed.... | |
 | Andrew Johnson - 1868 - 776 страници
...acts not without rule to guide it. The discretion to which such motions are addressed must be directed by law — " it must be governed by rule, not by humor...the respondent in order to justify you in saying, in the exercise of a sound discretion, that one hour's delay should be granted ; for there is nothing... | |
 | Andrew Johnson - 1868 - 774 страници
...rule to guide it. The discretion to which such motions are addressed must be directed by law—"it must be governed by rule, not by humor ; it must not...the respondent in order to justify you in saying, in the exercise of a sound discretion, that one hour's delay should be granted ; for there is nothing... | |
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