Page:Black's Law Dictionary (Second Edition).djvu/648

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INSTITUTIO HEREDlS

gether from the ancient reports and Year Books, but greatiy defective in method. It is usually cited by the name of "Co. Litt.." or as "1 Inst.” The second volume is a comment upon old acts of parliament, without systematic cider; the third in more methodical treatise on the pleas of the crown; and the fourth an account of the several species of couits. Fhese are cited as 2, 3, or ‘Insl.'.," without any authors name. Wharton.

INSTITUTIO HEREDIS. Lat. In Ro- man law. The appuinl.-ment of the mere: in the will. It corresponds very nearly to the nomination of an executor in English law. Without such an appointment the will was void at law, but Hie prwtor (i. e., equity) would, under certain circumstances. carry out the intentions of the testator. Brown.

INSTITUTION. The commencement or inauguiation of anything. The first estab- lishment of a law, rnie, rite, etc. Any custom, system, organization, ctc, firmly estab- lished. An clcmentary rule or principle.

In practice. The commencement of an action or prosecution; as, A. B. has instituted a suit against C. D. to recover damages for trespass.

In politics] law. A law, rite, or ceremony enjoined by authority as a permanent rule of conduct or of government. Webster.

A system or body of usages, laws, or regu- lations, of extensive and recurring operation, containing within itself an organism by which it ellecrs its own independent action, continnauce, and geneially its own further development. Its object is to generate, effect, regulzite, or sanction a succession of .iLts, transactions, or productions of a pecu- liar kind or class. We are likewise in the habit of cnliing single laws or usages "institutions," if their operation is of vital impoitaiice and vast scope, and if their continuance is in a high degree independent oi! any interfering power. Lieb. Ci\i.i Lib. 300.

In corporation law. An organisation or foundation, for the exercise of some public puipose or function: as an asylum or a uni- versity. By the term "institution" in this sense is to be understood an establishment or organization which is permanent in its nature, as distinguished from an enterprise or uudei taking which is transient and temporary. Hl.llJ][.lh1'ieS v. Little Sisters of the Poor, 29 Ohio St 206; Indianapolis v. Sturdevant, 2-1 Ind. 391.

In ecclesiastical law. tihiie of the spiiiiual part of the bencflce.as induction is of the temporal; for by institution the care of the souls of the paiish is committed to the charge of the clerk. Brown.

In the civil law. The designation by a testntor of a person to be his heir.

In jurisprudence. The plural form of this word ("institutions") is sometimes used as the equivalent of “institutes," to denote an elementary text-book of the law.

640

A kind of invea-I

INSTRUMENT

INSTITUTIONES. Lat. Works contain ing Ule elements of any science; institutions or institutes. One of Justinian's Dl‘llJCID11l law coilections, and a similar work of the Roman jurist Gains, are so entitled. See In- STITUTES.

INSTRUCT. To convey information as a Ciient to an attorney, or as an attorney to a counsel; to authorize one to appear as atl- vocate: to give a case in charge to the jury.

INSTRUCTION. In French criminal

law. The first process of a ciiininai pi'us.(:cutiou. It includes the examination of the accused, Hie preliminary interrogation of wit- nesses, collateral investigations, the gathering of evidence, the reduction of the whole to order, and the preparation of a document containing a detailed statement of the case, to serve as a brief for the prosecuting officers, and to furnish material for the indict- ment. —J_'riges d’instx-nction. In Fruich law. Othiers subject to the jzrncurewr impériui or neutral, who receive in cases of criminal offenses the complaints of the parties injured, and who summon and examine witnesses upon oath, and. after communication “Ilil the procunur inipémil, draw up the forms of accusation. 'J.‘hoy have also the right. subject to the approval of the same superior ollicer, to iidinit the accused to bniL They are appointed for three years, but are re-eiigihie for a further period of otfiize. They ai'e usually chosen from among the regular Judges. Brown.

In common law. Order given by a pricnipal to his agent in relation to the business of his mency.

In practice. A detailed statement of the facts and circumstances constituting a muse of action made by a client to his attorney for the purpose of enabling the latter to draw a proper declaration or procure it to be done by a pleader.

In trial practice. A direction given by

the judge to the jury concerning the in-iv of the case; a statement made by the judge to the jury informing them of the law applicabie to the case in general or some aspect of it; an exposition of the rules or principles of law applicable to the case or some branch or phase ut it, which the jury are bound to accept and apply. Lehman v. Hawks, 111 Ind. %, 23 N. E. 670; Boggs v. U. S., 10 Ckl. 424, 63 Pac. 969; Lawler v. Mcrheeters. 73 Ind. 579. —Pe1-emptory instruction. An instruction given by a court to a jury whith the latter must obey implicitly; as an instruction to return a verdict for the defendant, or for the plaintiff, as the case may be.

INSTRUMENT. A written document; a formal or legal document in writing, such as a contract. deed, will. bond, or lease. State v. Phillips, 157 Ind. 481. 62 N. E. 12: Cardenas v. Miller, 108 Cal. 250, 39 Pac. 783. 49 Am. St. Rep. 84: Benson v. Mcliiahau,

127 U. S. 457, 8 Sup. Ct. 1240, 32 L. Ed. 234: