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Instancia

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

In Spanish Law. The Institution and prosecution of a suit from its inception until definitive judgment The first instance, “primera insiancia,” is the prosecution of the suit before the judge competent to take cognizance of it at its Inception: the second instance, "seounda instancia" is the exercise of the same action before the court of appellate jurisdiction; and the third instance, “fercera instancia,’* is the prosecution of the same suit, either by an applicafore some higher tribunal, having Jurisdiction of the same. All civil suits must be tried and decided, in the first instance, within three years; and all criminal, within two years. As a general rule, three instances are admitted in all civil and criminal cases.

Art. 285, Const. 1812.

INSTANTER (Lat). Immediately; presently. This term, it is said, means that the 'act to which it applies shall be done within twenty -four hours; b\it a doubt has been suggested by whom is the account of the hours to be kept, and whether the terra 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; 6 East 587; Tidd, Pr., 3d ed.

608, n.; 3 Chitty, Pr. 112. See 3 Burr. 1809; Co. Litt. 157.