Blacks Law Dict. 1st ed

630

INSTANCE

INSTITUTES OF JUSTINIAN

INSTANCE. In pleading and prac tice. Solicitation, properly of an earnest or urgent kind. An act is often said to be done at a party's "special instance and re quest. " In the civil and French law. A gen eral term, designating all sorts of actions and judicial demands. Dig. 44, 7, 58. In ecclesiastical law. Causes of in stance are those proceeded in at the solicita tion of some party, as opposed to causes of office, which run in the name of the judge. HallIfax, Civil Law, p. 156. In Scotch law. That which may be in flisted on at one diet or course of probation. Wharton. INSTANCE COURT. In English law. That division or department of the court of admiralty which exercises all the ordinary admiralty jurisdiction, with the single ex ception of prize cases, the latter belonging to the branch called the "Prize Court." The term is sometimes used in American law for purposes of explanation, but has no proper ap plication to admiralty courts in the United States, where the powers of both instance and prize courts are conferred without any distinction. 8 Dall. 6; 1 Gall 563, 3 Kent, Comm. 355, 378. INSTANCIA. In Spanish law. The in stitution and prosecution of a suit from its commencement until definitive judgment. The first instance, "primera instancia, " is the prosecution of the suit before the judge com petent to take cognizance of it at its incep tion; the second instance, "secunda instan eia," is the exercise of the same action be fore the court of appellate jurisdiction; and the third instance, "tercera instancia," is the prosecution of the same suit, either by an application of revision before the appellate tribunal that has already decided the cause, or before some higher tribunal, having juris diction of the same. Escriche. INSTANTER. Immediately; instantly; forthwith; without delay. Trial instanter was had where a prisoner between attainder and execution pleaded that he was not the same who was attainted. When a party is ordered to plead instanter, he must plead the same day. The term is usually understood to mean within twenty four hours. INSTAR. Lat. Likeness; the likeness, size, or equivalent of a thing. Instar den tium, like teeth. 2 Bl. Comm. 295. Instar omnium, equivalent or tantamount to all. 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 cat tle, wagons, plows, and all other implement* of husbandry. 1 Mon. Angl. 5486; Fleta, lib. 2, c. 72, § 7. Terra instaurata, land ready stocked. INSTIGATION. Incitation; urging; so licitation. The act by which one incites an other to do something, as to commit some crime or to commence a suit. INSTIRPARE. To plant or establish. INSTITOR. Lat. In the civil law. A clerk in a store; an agent. INSTITORIA ACTIO. Lat. In the civil law. The name of an action given to those who had contracted with an institor (g. v.) to compel the principal to performance. Inst. 4, 7, 2; Dig. 14, 3,1; Story, Ag. § 426. INSTITORIAL POWER. The charge given to a clerk to manage a shop or store. 1 Bell, Comm. 506, 507. INSTITUTE,©. To inaugurate orcom mence; as to institute an action. To nominate, constitute, or appoint; as to institute an heir by testament. Dig. 28, 5, 65. INSTITUTE, n. In the civil law. A person named in the will as heir, but with a direction that he shall pass over the estate to another designated person, called the "substi tute." In Scotch law. The person to whom an estate is first given by destination or limita tion; the others, or the heirs of tailzie, are called "substitutes." INSTITUTES. A name sometimes giv en to text-books containing the elementary principles of jurisprudence, arranged in an orderly and systematic manner. For ex ample, the Institutes of Justinian, of Gaius, of Lord Coke. INSTITUTES OF GAIUS. An ele mentary work of the Roman jurist Gaius; important as having formed the foundation of the Institutes of Justinian, (g. v.) These Institutes were discovered by Niebuhr in 1816, in a codex rescriptus of the library of the cathedral chapter at Verona, and were first published at Berlin in 1820. Two edi tions have since appeared. Mackeld. Bom. Law, § 54. INSTITUTES OF JUSTINIAN. One of the four component parts or principal di

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