Though this motion for a new trial is an application to the discretion of the Court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. And that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the Court forms the law of the Court.
No Art can be grafted with success on another art. For though they all profess the same origin, and to proceed from the same stock, yet each has its own peculiar modes both of imitating nature, and of deviating from it, each for the accomplishment of its own particular purpose. These deviations, more especially, will not bear transplantation to another soil.joshua reynolds
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