Instance

Literally, standing on; hence, urging, solicitation. Webster. —

Literally, standing on, hence, urging, solicitation. Webster, Diet. In Civil and French Law. In general, all sorts of actions and judicial demands. Dig. 44, 7, 58. In Ecclesiastical Law. Causes of instance are those proceeded in at the solicitation of some party, as opposed to causes of office, which run in the name of the judge. Hallf. Anal. p. 122.

In pleading and prao-tice. Solicitation, properly of an earnest or urgent kind. An act is often said to be done at a party's "special instance and request."

In the civil and French law. A general term, designating all sorts of actions and judicial demands. Dig. 44, 7, 58.

In ecclesiastical law. Causes of if stance are those proceeded in at the solicitation of some party, as opposed to causes of office, which run in the name of the judge. Hallifax, Civll Law, p. 156.

In Scotch law. That which may be insisted on at one diet or course of probation. Wharton.

— Instance conrt. In English law. That division or department of the court of admiralty which exercises all the ordinary admiralty jurisdiction, with the single exception 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 application to admiralty courts in the United States, where the powers of both instance and prize couris are conferred without any distinction. 3 Kent, Comm. 355, 378; The Betsey, 3 Dall. 6, 1 I Ed. 485; The Emulous, 1 Gall. 563, Fed. Cas. No. 4,479.

Solicitation, properly of an earnest or urgent kind. Instance conrt: the ordinary court of admiralty, as distinguished from the prize court, which is held in times of war.

In pleading and practice. Solicitation, properly of an earnest or urgent kind. An act is often said to be done at a party’s “special imstanee and request.” In the civil and French law. A general term, designating all sorts of actions and judicial demands. Dig. 44, 7, 58.

In ecclesiastical law. Causes of instance are those procveded in at the solicitation 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 insisted on at one diet or course of probation. Wharton.

Application to set aside a proceeding for irregularity must be made as early as pqssible— "in the first instance."'' Instance court. That branch of the Eng-. lish court of admiralty which has cognizance of all matters pertaining to intercourse upon the high seas except prizes.' INSTAIfTER. L. Without delay: within twenty-four hours. 8 See Immediately.

French law. It signifies generally all sorts of actions and judicial demands. ralty 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 prize, and called prize court. 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.