Page:Black's Law Dictionary (Second Edition).djvu/647

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INSTANCE

office, which run in the name of the judge. Haliifnx, Civil Law, p. 156.

In Scotch law. That which may be Lnsisted on at one diet or course of probation. Whnrton.

—Instn.nce court. In English law. That division or department of the court of admiriilty which exercises all the ordinary adniiialty jurisilii-lion, with the single exception of prize cases, the latter beionging to the brunch called the “Prize Court." he term is sometimes used in American law for purposes of explanation. but has no proper application to admiralty courts in the United States, where the powers of both instance and prize courts are conferrefl without any distinction. 3 Kent. C . ' 3 378; The Betsey. 3 Dali. 6. 1 L. Ed. 4 The Emnlous, 1 Gall. 563, Fed. Ca. No. 4.4i


9.

INSTANCIA. In Spanish law. The institution and prosecution of I1 suit from its commencement until definitive judgment. The first instunce, “pri-merit iristmioia," is the prosecution of the suit before the judge competent to take cognizance of it at its icncpiion; the second instance, “secimda hi.- .iitimci'a," is the exercise of the some action before the court of appellate jurisdiction; rind the tlnrd instance. "tcrccra instizncia," is the prosecution of the same suit, either by .-in appllcwtion of revision before the appellate ti-iliuiial tluit has already decided the cause, or before some higher trihunnl, having jurisdiction of the same. Escriche.

INSTANTANEOUS. An “instantane- ous" crime is one which is fnily CDIlSIIl1llI|flted or completed in and by a single act (such as arson or murder) as distinguished from one which involves :1 series or repetition of

acts. See U. S. v. Owen (D. C.) 32 Fed. 537. INSTANTER. Immediately; instantly; forthwith: without delay. Trial iiistnntrr

was had where a prisoner between atliiiiider and execution pleaded that he was not the same who was attainted.

When in party is ordered to plead i‘nslari.- tcr. he must plead the some day. The term is usunily understood to menu within twent_i-four hours. Rex v. Johnson, 6 East, 583; Smith v. Little, 53 Ill. App. 100; State V. (‘lciengen 20 Mo. App. 627; Fentress v. State. 16 Tex. App. 83: Champlln v. Champ- lin, 2 Edw. Ch. (N. Y.) 329.

INSTAR. Ifilif Likeness: the likeness. size, or equivaient of a thing. Instar deriti'1i.m. like teeth 2 Bl. Comm. 295. Instar imi.nii1iri., equivalent or tantamount to nil. id. 146: 3 Bl. Comm. 231.

INSTAURUM. In old English deeds. A stock or store of cattle, and other things; the whole stock upon a farm, including cutele, wagons plows, and all other implements of hnsiiandry. 1 Dion. Angi. 5481); Fleta, lib. 2, c. 72, § 7. Terra instizuzrata, land ready stocked.

639

INSTITUTES

INSTIGATION. Incilation; urg g; so licitation. The act by which one incites an- other to do something, as to commit somi crime or to commence a suit. State v. Frak- er, 148 No. 143, 49 S. W. 1017.

INSTIRPARE. To plant or estzililish.

INSTITOR. Lot. in the civil law. A clerk in a store; an agent. INSTITORIA ACTIO.}} Lot In the

civil law. The name of no nction given to those who had contracted with an inrtitor (q. 1).) to compel the principal to peiforinance. Inst, 4, 7, 2; Dig. 14. 3. 1; Story, Ag. E 426.

INSTITORIAL POWER. The charge given to a clerk to miiiiiige in shop or store. 1 Bell. Comm. 506, 507.

INSTITUTE, 1;. To inaugurate or com- mence: as to institute an action. Com. v. Duane, 1 Binn. (Pa.) 608, 2 Am. Dec. 497; Finnks v. Clinpinnn. 111 Tex. 580: Post v. U. S.. 161. U. S. 583, 16 Sup. Ct. 011, 40 L. Ed. 816.

To nominate, constitute, or appoint; as to institute an heir by testament. Dig. 25‘, 5,

INSTITUTE, 71.. In the civil law. A person nnmed in the will as heir, but with ii direction that he shall pass over the estate to another designated person, culled the "substitute.”

In scotch law. The person to whom an eshits is first given by destination or limitation; the others, or the heirs of tailzie, nre culled “snhstitules."

INSTITUTES. A name sometimes given to text-booi-cs containing the eleineiitnry pricniples of jurisprudence, arranged in nu orderly and systematic manner. For example. the Institutes of Justinian, of Gains, of Lord Coke.

—Institrites of Gains. An elementary work of the Roman jurist G-iiiis; important as having formed the founilntinn of the Institutes of Justinian. (a. v.) Thcsc Institutes were discovereil by Niehuhr in 1S1G_ in a cuiicr rcs(:ri'p- ms of the library of the cathedral chapter at Verona, and were first published at Berlin in 1 ‘L o editions have since nppeaireil. 1\I:ickeld. Rom. Law. § 54.—Institutes of Justinian. (‘me of the four component parts or principai divisions of the (‘orpim Ji/ri'1< (‘1'i7- i'li'-s. being an ciementm-v treatise on the Rniniin law, in four books. This wnrl was compiled frnin earlier sources, (resting principally on the Institutes of Gains.) by a commission composed of ’1‘ribnni'in, and two others, by coinminii and under direction of the emperor Justinizin. iind was first published November 21. A. 533.—Instittites of Lord Coke. _'The name of four voiumcs by Loni] Coke, puhlishcd A. D. 162‘. e first is an extensive comment upon a treatise on tenures. compiled by Littlctnn. s judgze of the common pleas. i‘mnp_ Erin.-irii IV. This comment is a" rich mine of viiiiiziiilc common-law learning, collected and henpi-d hi-

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