KFLCC Kingdom Law 2nd Ed.

638

INSOLVENCY

INSTANCE

INSOLVENCY. The condition of a per son who is insolvent; inability to• pay one's debts; lack of means to pay one's debts. Such a relative condition of a man's assets and liabilities that the former, if all made immediately available, would not be suffi cient to discharge the latter. Or the condi tion of a person who is unable to pay his debts as they fall due, or in the usual course of trade and business. See Dewey v. St Albans Trust Co., 56 Vt. 475, 48 Am. Rep. 803; Toof v. Martin, 13 Wall. 47, 20 L. Ed. 481; Miller v. Southern Land & Lumber Co., 53 S. C. 364, 31 S. E. 281; Leitch v. Hollis ter, 4 N. Y. 215; Silver Valley Mining Co. v. North Carolina Smelting Co., 119 N. C. 417, 25 S. E. 954; French v. Andrews, 81 Hun, 272, 30 N. Y. Supp. 796; Appeal of Bowersox, 100 Pa. 438, 45 Am. Rep. 387; Van Riper v. Poppenhausen, 43 N. Y. 75; Phipps v. Harding, 70 Fed. 470, 17 C. C. A. 203, 30 L. R, A. 513; Shone v. Lucas, 3 Dowl. & R. 218; Herrick v. Borst, 4 Hill (N. Y.) 652; Atwater v. American Exch. Nat. Bank, 152 111. 605, 38 N. E. 1017; Rug gles v. Cannedy, 127 Cal. 290, 53 Pac. 916, 46 L. R. A. 371. As to the distinction between bankruptcy and insolvency, see BANKRUPTCY. —Insolvency fund. In English law. A fund, consisting of moneys and securities, which, at the time of the passing of the bankruptcy act, 1861, 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 that act, directed to be carried by the bank to the account of the accountant in bank ruptcy. Provision has now been made for its transfer to the commissioners for the reduction of the national debt. Robs. Bankr. 20, 56.— Open Insolvency. The condition of one who has no property, within the reach of the law, applicable to the payment of any debt. Har desty v. Kinworthy, 8 Blackf. (Ind.) 305; Som erby v. Brown, 73 Ind. 356. One who 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 sufficient to pay his debts. See INSOLVENCY. —Insolvent law. A term applied to a law, usually of one of the states, regulating the set tlement of insolvent estates, and according a certain measure of relief to insolvent debtors. Cook v. Rogers, 31 Mich. 396; Adams v. Storey, 1 Fed. Cas. 141; Vanuxem v. Hazelhursts, 4 N. J. Law, 195, 7 Am. Dec. 582. The examination or test ing of food, fluids, or other articles made subject by law to such examination, to as certain their fitness for use or commerce. People v. Compagnie Generale Transatlan tique (C. C.) 10 Fed. 361; Id., 107 U. S. 59, 2 Sup. Ct. 87, 27 L. Ed. 383; Turner v. Maryland, 107 U. S. 38, 2 Sup. Ct. 44, 27 L. Ed. 370. Also the examination by a private person INSOLVENT. INSPECTATOR. A prosecutor or adver sary. INSPECTION.

of public records and documents; or of the books and papers of his opponent in an ac tion, for the purpose of better preparing his Laws authorizing and directing the inspection and examination of various kinds of merchandise intended for sale, especially food, with a view to ascertaining its fitness for use, and excluding unwholesome or unmarketable goods from sale, and directing the appointment of official inspectors for that purpose. See Const. U. S. art. 1, § 10, cl. 2; Story, Const. § 1017, et seq. Gibbons v. Og den, 9 Wheat. 202, 6 L. Ed. 23; Clintsman v. Northrop, 8 Cow. (N. Y.) 45; Patapsco Guano Co. v. Board of Agriculture, 171 U. S. 345, 18 Sup. Ct. 862, 41 L. Ed. 191; Turner v. State, 55 Md. 263.— Inspection of docu ments. This phrase refers to the right of a party, in a civil action, to inspect and make copies of documents which are essential or material to the maintenance of his cause, and which are either in the custody of an officer of the law or in the possession of the adverse party.— Inspection, trial by. A mode of trial formerly in use in England, by which the judges of a court decided a point in dispute, upon the testimony of their own senses, with out the intervention of a jury. This took place in cases where the fact upon which issue was taken must, from its nature, be evident to the court from ocular demonstration, or other ir refragable proof; and was adopted for the greater expedition of a cause. 3 Bl. Oomm. 331. Officers whose duty it is to examine the quality of certain articles of merchandise, food, weights and measures, eta INSPECTORSHIP, DEED OF. In Eng lish law. An instrument entered into be tween an insolvent debtor and his creditors, appointing one or more persons to inspect and oversee the winding up of such insolv ent's affairs on behalf of the creditors. Lat. In old English law. We have inspected. An exemplification of letters patent, so called from the emphatic word of the old forms. 5 Coke, 536. The ceremony of in ducting or investing with any charge, office, or rank, as the placing a bishop into hissee, a dean or prebendary into his stall or seat, or a knight into his order. Wharton. Different portions of the same debt payable at different succes sive periods as agreed. Brown. 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 it* stance are those proceeded in at the solicita tion of some party, as opposed to causes of own case for trial. —Inspection laws. INSPECTORS. INSPEXIMUS. INSTALLATION. INSTALLMENTS.