INSANE. One deprived of the use of reason, after he has arrived at the
age when he ought to have it, either by a natural defect or by accident. Domat,
Lois Civ. Lib. prel. tit. 2, s. 1, n. ll.
INSANITY, med. jur. A continued impetuositv of thought, which, for the
time being, totally unfitsga man for judging and acting in relation to the
matter in question, with the composure requisite for the maintenance of the
social relations of life. Various other definitions of this state have been
given, but perhaps the subject is not susceptible of any satisfactory
definition, which shall, with, precision, include all cases of insanity, and
exclude all others. Ray, Med. Jur. 24, p. 50.
2. It may be considered in a threefold point of view: 1. A chronic disease,
manifested by deviations from the healthy and natural state of the mind, such
deviations consisting in a morbid perversion of the feelings, affections and
habits. 2. Disturbances of the intellectual faculties, under the influence of
which the understanding becomes susceptible of hallucinations or erroneous.
impressions of a particular kind. 3. A state of mental incoherence or constant
hurry and confusion of thought. Cyclo. Practical Medicine, h. t.; Brewster's
Encyclopaedia, h. t.; Observations on the Deranged Manifestations of the Mind,
or Insanity, 71, 72; Merl. Rępert. mots Demenoe, Folie, Imbecilite; 6 Watts
& Serg. 451.
3. The diseases included under the name of insanity have been arranged under
two divisions, founded on two very different conditions of the brain. Ray, Med.
Jur. ch. 1, 33.
4. - 1. The want of, or a defective development of the faculties. 1st.
Idiocy, resulting from, 1. Congenital defect. 2. An obstacle to the development
of the faculties, supervening in infancy. 2d. Imbecility, resulting from, 1.
Congenital defects. 2. An obstacle to the development of the faculties,
supervening in infancy.
5. - 2. The lesion of the faculties subsequent to their development. In this
division may be classed, 1st. Mania, which is, 1. Intellectual, and is general
or partial. 2. Affective and is general or, partial. 2d. Dementia, which is, 1.
Consecutive to mania, or injuries of the brain. 2. Senile, or peculiar to old
6. - There is also a disease which has acquired the name of Moral insanity.
7. Insanity is an excuse for the commission of acts which in others would be
crimes, because the insane man has no intention; it deprives a man also from
entering into any valid contract. Vide Lunacy; Non compos mentis, and Stock on
the Law of Non Compotes Mentis; 1 Hagg. Cons. R. 417; 3 Addams, R. 90, 91, 180,
181; 3 Hagg. Eccl. R. 545, 598, 600; 2 Greenl. Ev. 369, 374; Bouv. Inst. Index,
INSCRIPTION, civil law. An engagerment which a person, who makes a
solemn accusation of a crime against another, enters into, that he will suffer
the same punishment, if he has accused, the other falsely, which would have been
inflicted upon him had he been guilty. Code, 9, 1, 10; Id. 9, 2, 16 and 17.
INSCRIPTION, evidence. Something written or engraved.
2. Inscriptions upon tombstones and other proper places, as rings, and the
like, are held to be evidence of pedigree. Bull. N. P. 233 Cowp. 591; 10 East,
R. 120 13 Ves. 145 Vin. Ab. Ev. T. b. 87: 3 Stark. Ev. 116.
INSCRIPTIONES. The name given by the old English law to any written
instrument by which anything was granted. Blount.
INSENSIBLE. In the language of pleading, that which is unintelligible
is said to be insensible. Stepb. Pl. 378.
INSIDIATORES VIARUM. Persons who lie in wait, in order to commi some
felony or other misdemeanor.
INSMUL. Together; jointly. This word is used in composition; as,
insimulcomputassent; non tenent insimul.
INSIMUL COMPUTASSENT, practice, actions. They accounted together.
2. When an account has been stated, and a balance ascertained between the
parties, they are said to have computed together, and the amouut due may be
recovered in an action of assumpsit, which could not have been done, if the
defendant had been the mere bailiff or partner of the plaintiff, and there had
been no settlement made; for in that case, the remedy would be an action of
account render, or a bill in chancery. It is usual in actions of assumpsit, to
add a count commonly called insimul computassent, or an account stated. (q. v.)
Lawes on Pl. in Ass. 488.
INSINUATION, civil law. The transcription of an act on the public
registers, like our recording of deeds. It was not necessary in any other
alienation, but that appropriated to the purpose of donation. Inst. 2, 7, 2;
Poth. Traite des Donations, entre vifs, sect. 2, art. 3, 3; Encyclopedie; 8
Toull. n. 198.
INSOLVENCY. The state or condition of a person who is insolvent. (q.
2. Insolvency may be simple or notorious. Simple insolvency is the debtor's
inability to pay his debts; and is attended by no legal badge of notoriety, or
promulgation. Notorious insolvency is that which is designated by some public
act, by which it becomes notorious and irretrievable, as applying for the
benefit of the insolvent laws, and being discharged under the same.
3. Insolvency is a term of more extensive signification than bankruptcy, and
includes all kinds of inability to pay a just debt. 2 Bell's Commentaries, 162,
INSOLVENT. This word has several meanings. It signifies a person whose
estate is not sufficient to pay his debts. Civ. Code of Louisiana, art. 1980.. A
person is also said to be insolvent, who is under a present inability to answer,
in the ordinary course of business, the responsibility which his creditors may
enforce, by recourse to legal measures, without reference to his estate proving
sufficient to pay all his debts, when ultimately wound up. 3 Dowl. & Ryl.
Rep. 218; 1 M aule & Selw. 338; 1 Campb. it. 492, n.; Sugd. Vend. 487, 488.
It signifies the situation of a person who has done some notorious act to divest
himself of all his property, as a general assignment, or an application for
relief, under bankrupt or insolvent laws. 1 Peters' R. 195; 2 Wheat. R. 396; 7
Toull. n. 45; Domat, liv. 4, t. 5, n. 1 et 2; 2 Bell's Com. 162, 5th ed.
2. When an insolvent delivers or offers to deliver up all his property for
the benefit of his creditors, he is entitled to be discharged under the laws of
the, several states from all liability to be arrested. Vide 2 Kent, Com. 321
Ingrah. on Insolv. 9; 9 Mass. R. 431; 16 Mass. R. 53.
3. The reader will find the provisions made by the national legislature on
this subject, by a reference to the following acts of congress, namely: Act of
March 3, 1797, 1 Story, L. U. S. 465; Act of March 2, 1799; 1 Story, L. S. 630;
Act of March 2, 1831, 4 Sharsw. Cont. of Story, L. U. S. 2236; Act of June 7,
1834, 4 Sharsw. Cont. of Story, L. U. S. 2358; Act of March 2, 1837, 4 Sharsw.
Cont. of Story, L. U. S. 2536. See Bankrupt.
INSPECTION, comm. law. The examination of certain articles made by law
subject to such examination, so that they may be declared fit for commerce. The
decision of the inspectors is not final; the object' of the law is to protect
the community from fraud, and to preserve the character of the merchandise
abroad. 8 Cowen, R. 45. See 1 John. 205; 13 John. R. 331; 2 Caines, R. 312; 3
Caines, R. 207.
INSPECTION, practice. Examination. 2. The inspection of all public
records is free to all persons who have an interest in them, upon payment of the
usual fees. 7 Mod. 129; 1 Str. 304; 2 Str. 260, 954, 1005. But it seems a mere
stranger who has no such interest, has no right, at common law. 8 T. R. 390.
Vide Trial by insection.
INSPECTOR. The name given to certain officers whose duties are to
examine and inspect things over which they have jurisdiction; as, inspector of
bark , one who is by law authorized to examine bark for exportation, and to
approve or disapprove of its quality. Inspectors of customs are officers
appointed by the general government: as to their duties, see Story's L. U. S.
vol. 1, 590, 605, 609, 610, 612, 619, 621, 623, 650; ii. 1490, 1516; iii. 1650,
INSPEXIMUS. We have seen. A word sometimes used in letters-patent,
reciting a grant, inspeximus such former grant, and so reciting it verbatim; it
then grants such further privileges as are thought convenient. 5 Co. 54.
INSTALLATION or INSTALMENT. The act by which an officer is put in
public possession of the place he is to fill. The president of the United
States, or a governor, is installed into office, by being sworn agreeably to the
requisition of the constitution and laws. Vide Inavguration.
INSTALMENT, contracts. A part of a debt due by contract, and agreed to
be paid at a time different from that fixed for the, payment of the other part.
For example, if I engage to pay you one thousand dollars, in two payments, one
on the first clay of January, and the other on the first day of July, each of
these payments or obligations to pay will be an instalment .
2. In such case each instalment is a separate debt so far that it may be
tendered at any time, or the first may be sued for although the other shall not
be due. Dane's Ab. vol. iii. ch. 93, art. 3, s. 11, page 493, 4; 1 Esp. R. 129;
Id. 226; 3 Salk. 6, 18: Esp. R. 235; 1 Maule & Selw. 706. 3. A debtor who by
failing to pay three instalments of rent due on a lease would forfeit his
estate, may, in order to save it, tender one instalment to prevent the
forfeiture, although there may be two due at the time, and he is not bound to
tender both. 6 Toull. n. 688.
INSTANCE, civil and French law. It signifies, generally, all sorts of
actions and judicial demands. Dig. 44, 7, 58.
INSTANCE COURT, Eng. law. The English court of admiralty is divided
into two distinct tribunals; the one having, generally, all the jurisdiction of
the admiralty, except in prize cases, is called the instance court; the other,
acting under a special commission, distinct from the usual commission given to
judges of the admiralty, to enable the judge in time of war to assume the
jurisdiction of prizes, and' called Prize court.
2. In the United States, the district courts of the U. S. possess all the
powers of courts of admiralty, whether considered as instance or prize courts. 3
Dall. R. 6. Vide 1 Gall. R. 563; Bro. Civ. & Adm. Law, ch. 4 & 5; 1
Kent, Com. 355, 378. Vide Courts of the United States; Prize Court.
INSTANT. An indivisible space of time.
2. Although it cannot be actually divided, yet by intendmeent of law, it may
be applied to several purposes; for example, he who lays violent hands upon
himself, commits no felony till he is dead, and when he is dead he is not in
being so as to be termed a felon; but he is so adjudged in law, eo instante, at
the very instant this fact is done. Vin. Ab. Instant, A, pl. 2; Plowd. 258; Co.
Litt. 18; Show. 415.
INSTANTER. Immediately; presently. This term, it is said, means that
the act to which it applies, shall be done within twenty-four hours but a doubt
has been suggested by whom is the account of the hours to be kept, and whether
the term instanter as applied to the subject-matter may not be more properly
taken to mean "before, the rising of the court," when the act is to be done in
court; or, "before the shutting of the office the same night," when the act is
to be done there. 1 Taunt. R. 343; 6 East, R. 587, n. e; Tidd's Pr. 3d ed. 508,
n.; 3 Chit. Pr. 112. Vide, 3 Burr. 1809; Co. Litt. 157; Styles' Register,
INSTAR. Likeness; resemblance; equivalent as, instar dentium, like
teeth; instar omnium, equivalent to all.
INSTIGATION. The act by which one incites another to do something, as
to injure a third person, or to commit some crime or misdemeanor, to coramence a
suit or to prosecute a criminal. Vide Accomplice.
INSTITOR, civ. law. A clerk in a store an agent.
2. He was so called because he watched over the business with which he was
charged; and it is immaterial whether he was employed in making a sale in a
store, or whether charged with any other business. Institor appellatus est ex
eo, quod negotio gerendo instet; nec multum facit tabernae sit praepositus, an
cuilibet alii negotiationi. Dig. lib. 14, tit. 3, l. 3. Mr., Bell says, that the
charge given to a clerk to manage a store or shop, is called institorial power.
1 Bell's Com. 479, 6th ed.; Ersk. Inst. B. 3, t. 3, 46; 1 Stair's Inst. by
Brodie, B. 1, tit. 11, 12, 18, 19; Story on Ag. 8.
INSTITUTE, Scotch law. The person first called in the tailzie; the
rest, or the heirs of tailzie, are called substitutes. Ersk. Pr. L. Scot. 3, 8,
8. See Tailzie, Heir of; Substitutes.
2. In the civil law, an inastitute is one who is appointed heir by testament,
and is required to give the estate devised to another person, who is called the
TO INSTITUTE. To name or to make an heir by testament. Dig. 28, 5, 65.
To make an accusation; to commence an action.
INSTITUTES. The principles or first elements of jurisprudence.
2. Many books have borne the title of Institutes. Among the most celebrated
in the common law, are the Institutes of Lord Coke, which, however, on account
of the want of arrangement and the diffusion with which his books are written,
bear but little the character of Institutes; in the, civil law the most
generally known are those of Caius, Justinian, and Theophilus.
3. The Institutes of Caius are an abridgment of the Roman law, composed by
the celebrated lawyer Caius or Gaius, who lived during th e reign of Marcus
4. The Institutes of Justinian, so called, because they are, as it were,
masters and instructors to the. ignorant, and show an easy way to the obtaining
of the knowledge of the law, are an abridgment of the Code and of the Digest,
composed by order of that emperor: his intention in this composition was to give
a summary knowledge of the law to those persons not versed in it, and
particularly to merchants. The lawyers employed to make this book, were
Tribonian, Theophilus, and Dorotheus. The work was first published in the year
533, and received the sanction of statute law, by order of the emperor. The
Institutes of Justinian are divided into four books: each book is divided into
two titles, and each title into parts. The first part is called principium,
because it is the commencement of the title; those which follow are numbered and
called paragraphs. The work treats of the rights of persons, of things, and of
actions. The first book treats of persons; the second, third, and the first five
titles of the fourth book, of things; and the remainder of the fourth book, of
actions. This work has been much admired on account of its order and Scientific
arrangement, which presents, at a single glance, the whole jurisprudence of the
Romans. It is too little known and studied. The late Judge Cooper, of
Pennsylvania, published an edition with valuable notes.
5. The Institutes of Theophilus are a paraphrase of those of Justinian,
composed in Greek, by a lawyer of that name, by order of the emperor Phocas.
Vide 1 Kent, Com. 538; Profession d'Avocat tom. ii. n. 536, page 95; Introd. a
l'Etude du Droit Romain, p. 124; Dict. de Jurisp. h. t.; Merl. Rępert. h. t.;
Encyclopędie de d'Alembert, h. t.
INSTITUTION, eccl. law. The act by which the ordinary commits the cure
of souls to a person presented to a benefice.
INSTITUTION, political law. That which has been established and
settled by law for the public good; as, the American institutions guaranty to
the citizens all privileges and immunities essential to freedom.
INSTITUTION, practice. The commencement of an action; as, A B has
instituted a suit against C D, to recover damages for a trespass.
INSTITUTION OF HEIR, civil law. The act by which a testator nominates
one or more persons to succeed him in all his rights, active and passive. Poth.
Tr. des Donations Testamentaires, c. 2, s. 1, 1; Civ. Code of Lo. art. 1598;
Dig. lib. 28, tit. 5, l. 1; and lib. 28, tit. 6, l. 2, 4.
INSTRUCTION, French law. This word signifies the meaus used and
formality employed to prepare a case for trial. it is generally applied to
criminal cases, and is then called criminal, instruction; it is then defined the
acts and proceedings which tend to prove positively a crime or delict, in order
to inflict on the guilty person the punishment which he deserves.
INSTRUCTIONS, com. law, Contracts. Orders given by a principal to his
agent in relation to the business of his agency.
2. The agent is bound to obey the instructions he has received and when he
neglects so to do, he is responsible for the consequences, unless he is
justified by matter of necessity. 4 Binn. R. 361; 1 Liverm. Agency, 368.
3. Instructions differ materially from authority, as regards third persons.
When a written authority is known to exist, or, by the nature of the
transaction, it is presupposed, it is the duty of persons dealing with an agent
to ascertain the nature and extent of his authority; but they are not required
to make inquiry of the agent as to any private instructions from his principal,
for the obvious reason that they may be presumed to be secret and of a
confidential nature, and therefore not to be communicated to third persons. 5
Bing. R. 442.
4. Instructions are given as applicable to the usual course of things, and
are subject to two qualifications which are naturally, and perhaps necessarily
implied in every mercantile agency. 1. As instructions are applicable only to
the ordinary course of affairs, the agent will be justified, in cases of extreme
necessity and unforeseen emergency, in deviating from them; as, for example,
when goods on hand are perishable and perishing, or when they are accidentally
injured and must be sold to prevent further loss; or if they are in imminent
danger of being lost by the capture of the port where they are, they may be
transferred to another port. Story on Ag. 85, 118, 193; 3 Chit. Com. Law, 218; 4
Binn. 361; 1 Liverm. on Ag. 368. 2. Instructions must be lawful; if they are
given to perform an unlawful act, the agent is not bound by them. 4 Campb. 183;
Story on Ag. 195. But the lawfulness of such instruction does not relate to the
laws of foreign countries. Story, Confl. of Laws, 245; 1 Liverm. on Ag. 15-19.
As to the construction of letters of instruction, see 3 Wash. C. C. R. 151; 4
Wash. C. C. R. 551; 1 Liv. on Ag. 403; Story on Ag. 74; 2 Wash. C. C. R. 132; 2
Crompt. & J. 244; 1 Knapp,, R. 381.
INSTRUCTIONS, practice. The statements of a cause of action, given by
a client to his attorney, and which, where such is the practice, are sent to his
pleader to put into legal form of a declaration. Warr. Stud. 284.
2. Instructions to counsel are their indemnity for any aspersions they may
make on the opposite party; but attorneys who have a just regard to their own
reputation will be cautious, even under instructions, not to make any
unnecessary attack upon a party or witness. For such unjustifiable conduct the
counsel will be held responsible. Eunom. Dial. 2, 43, p. 132. For a form of
instructions, see 3 Chit. Pr. 117, and 120 n.
INSTRUMENT, contracts. The writing which contains some agreement, and
is so called because it has been prepared as a memorial of what has taken place
or been agreed upon. The agreement and the instrument in which it is contained
are very different things, the latter being only evidence of the existence of
the former. The instrument or form of the contract may be valid, but the
contract itself may be void on account of fraud. Vide Ayl. Parerg. 305; Dunl.
Ad. Pr. 220.
INSTRUMENTA. This word is properly applied to designate that kind of
evidence, which consists of writings not under seal, as court rolls, accounts,
and the like. 3 Tho. Co. Litt. 487.
INSULA, Latin. An island. In the Roman law the word is applied to a
house not connected with other houses, but separated by a surrounding space of
ground. Calvini Lex; Vicat, Vocab. ad voc.
INSUFFICIENCY. What is not competent; not enough.
INSUPER, Eng. law. The balance due by an accountant in the exchequer,
as apparent by his account. The auditors in settling his account say there
remains so much insuper to such accountant.
INSURABLE INTEREST. That right of property which may be the subject of
2. The policy of commerce, and the various complicated rights which different
persons may have in the same thing, require that not only those who have an
absolute property in ships or goods, but those also who, have a qualified
property in them, may be at liberty to insure them. For example, when a ship is
mortgaged, and the mortgage has become absolute, the owner of the legal estate
has an insurable interest, and the mortgagor, on account of his equity, has also
an insurable interest. 1 Burr. 489. See 20 Pick. 259; 1 Pet. 163.