Page:Black's Law Dictionary (Second Edition).djvu/646

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INSOLVENCY

INSOLVENCY. The condition of a person who is insolvent; inability to pay one's debts; luck of means to pay one's debts. Such a ielative condition of a man’s assets and liabilities that the former, if ail niade ininietliately uiailolile, wouid not be sulficient to dlschnige the latter. Or the condition of 11 poison who is unable to piiy his debts as they fall due, or in the usual couise of trade and business. See Deney v. St. Allwnns Trust Co., 56 Vt. 473. 48 Am. Rep. 3: ; Toof v. Martin. 13 won. 47, 20 L. Ed. -181 ; Miller v. Southern Land dc Lumber Cu.. 53 S. C 364. 31 S. E. 281; Leltch v. lIol.lister. 4 N. Y. 215; Silver Volley Mining Co. v. .\orth Carr iin Suit-lting C0.. 119 N. C. 417. 25 S. F‘. 934: Fri-inch v. Andrews. 81 Him. 32. 30 N. Y. Supp. 796; Xppeal of Iioutisnv, 100 P11. 438. 4.") Am. Rep. 38": \'nn Riper v. Ponnonhaiisen. 43 N. Y. 75: Phipps v. [Tm-ding. '70 Fed 470, 17 C. C. A 203. 30 L. R. A. 513: Shane v. Lucas. 3 Dnul. dc R. 218; Ilerrick v. must, 4 Hill (N. Y.) 652; -\t\vater v. American Exch. Nat P-.llIi{. 152 Ill. G05, 33 N. E. 1017; Rugglcs v. Gnnncdy, 127 Cal. 290. 53 Pac. 91:}. 46 L. R. A. 371.

As to the distinction between bankruptcy and lnsoliency, see BANK.RUP'!‘C!. —Insnlvency fund. In F)n_-zlisli law. A fund. C4'll'l.‘4i\‘hl.lg of mom-vs and securities, which. at the time of the pnssing of the bankruptcy act. 1.961. stood. in the Bank of England. to the credit of the commissioners of the insolvent debtors’ court, and was, by the twenty-sixth section of thiit act. directed to be ciirricd by the bank to the account of the nccountnit in bank- ruptcy. Provision has now been made for its transfer to the commissioners for the reduction of line national debt. Robs. Bankr. 20. 56.- Open insolvency. The condition of one \\ bo has no property, within the reach of the law. applicable to the pnvnit-nt of any deht H-irdesty v. Klaworthy. 8 Blaclif. (Ind.) 305; Som-

erlly v. Brown, 73 Ind. Sub

INSOLVENT. One uho cannot or does

not pay: one who is unable to pay his debts; one who is not solvent; one who has not means or property sufiirient to pay his debts. See INSOLVENCY. —Insn1vent law. A term applied to a law. usually of one of the states. regulating the settlement of insolvent estates, and according a (‘ertuin measure of relief to insolvent debtors. ('onl. v. Rogers. 31 Mich. 396; Adams v. Storey, 1 red. Gas. 141; hinuxeni v. I-liizelhursts, 4 N. J. Law, 195. 7 Am. Dec. 582.

INSPECTATOR. A prosecutor or adversnry INSPECTION. The examination or test-

in:.' of food, fluids, or other articles made subject by law to such exuuiinntion, to ascertain their fitness for use or commerce. Penpie v. Comps,-;nie Generale Transatlantique (C C.) 10 Fed. 361: 1.1.. 107 U. s. 59, 2 Sup. (‘t 87, 27 L. Ed. 383; TI.u'ner v. l\Iz'|l‘\lflll(l, 107 U. S. 38, 2 Sup. Ct. 44, 27 L Ed. 370.

Also the examination by a private person

638

INSTANCE

of public records and documents; or of the books and papers of his opponent in an action, for the purpose of better preparing his own case for trial.

--Inspection laws. Laws authorizing and directing the lnspection and examination of vaiious kinds of mcrcbnndise intended for sale. cspeciully food, with it view to sscer -' ' its fitness for use, and excluding unuhoiesonie or nnmnikct-able goods from soie, and directing the appointment of of-ficial inspectors for that purpose. See Const. U. S. art. 1 § 10. cl. 2: Story. Const. § 1017. et seq. Gihbons v. Og- den. 9 Whenl:. 203. 6 L. Ed. 3; Ulintsnnin v. Northrop. 8 Cow. (N. 1'.) 45: Guano Co. v. Board of Agriculture. 171 U. 34.3. Ct. 1 ‘ 41 L. Ed. 191 v. State. Md. ments. This phrase refers to the right of in party. in a civil action, to inspect u.inl_mihe copies of documents which are essential or material to the maintenance of his cause, and n hich are either in the custody of no othcer of the law or in the possession of the adveise party.—Inspection, trial by. A mode of trial formerly in use in l".ngl:ind, by which the judges of a court decided a point in dispute. upon the testimony of their own senses. uithout the intervention of 8. jury. This took place in cases vihere the fact upon which issue was taken must. from its nature. be evident to the court from ocular demonstiution, or other irrefrngable proof; and was ado 'blt‘d for the greater expedition of a cause. Bl. Conini.

INSPECTORS. Officers whose duty it is to examine the quality of certalu articles of merchandise, food, weights nnd measures. etc.

INSPECTORSHIP, DEED OF. In English law. An liistrunient entered into between an insolvent debtor and his creditors. appointing one or more persons to inspect and oversee the winding up of such insolvent‘s atfairs on behalf of the creditors.

INSPEXIMUS. Lnt. In old English law. We have inspected. An exenipliiication of letters patent, so called from the emphatic word of the old forms. 5 Coke, 531:.

INSTALLATION. The ceremony of inductlng or i.urestin,<z uitli any charge, office. or rnnlt, as the placing a llishop into his see. a dean or prebendary irto his stiill or sent. or a knight into his order. Vvliarton.

INSTALLMENTS. Different portions of the same debt payable nt dlfierent successive perinds as agreed. Brown.

INSTANCE. In. pleading and preotice. Solicitation, properly of on e'Irnest or urgent kind. An act is often said to be done at it party's “special instance and re- quest."

In the civil and French law. A general term. designating all sorts of actions and judicial demands. Dlg. 4-1, 7. 58.

In ecclesiastical law. Causes of fit

stands are those proceeded in at the solicitation of some party, as opposed to causes of