Stances

2; Contemplation; Pbefebenoe. INSPECTION". A looking at: examination; view. Whence inspector, inspectorship. 1. An official examination of articles of food or of merchandise, to determine whether they are suitable for market or commerce.'' " No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws." ^ 1 Buchanan v. Smith, 16 Wall. 308 (1872), Clifford, J.; Wager v. Hall, ib. 690 (1872); Dutcher v. Wright, 94 U. S. 5B7 (1876); May v. Le Clau-e, 18 F. R. 16G (1882); i Je Bininger, 7 Blatch. 264, 273 (1870), cases. 'Bowersox's Appeal, 100 Pa. 438 (1882); Daniels v. Palmer, 35 Minn. 34T-50 (1880), cases. See also 1 DiU. 195; 2 Low. 401; 1 Woods, 434; 2 id. 401; 9 Cal. 45; 33 id. 625; 20 Conn. 69; 2 Ind. 67; 88 id. 573; 19 La. An. 183, 197; 4 Cush. 134; 3 Gray, 600; 3 Allen, 114; 133 Mass. 13; 9 N. Y. 594; 15 id. 9, 199; 43 id. 75; 35 Hun, 169; 4 HiU, 652; 57 N. H. 458; 2 N. J. E. 173; 9 id. 467; 12 Ohio, 336; 13 Gratt. 683; 116 E. 0. L. 1090; 2 Bl. Com. 286, 481; 2 Kent, 389. s Sturges v. Crownmshield, 4 Wheat. 195 (1819), Marshall, C. J.; 3 Mas. 160; 12 Wheat. 230. The object of inspection laws is to improve the quality of articles produced by the labor of a country; to fit them for exportation, or, it may be, for domestic use. They act upon the subject before it becomes an article of foreign commerce, or of commerce among the States, and prepare it for that purpose. They form a portion of that immense mass of legislation which embraces everything within the territory of a State, not surrendered to the general government: all of which can be most advantageously exercised by the States themselves.^ The scope of inspection laws is not confined to articles of domestic produce or manufacture, or to articles intended for exportation, but applies to articles imported, and to those intended for domestic use as well." Recognized elements of inspection laws have always been quality of the article, form, capacity, dimensions, and weight of package, mode of putting up, and marking and branding of various kinds; all these matters being supervised by a public officer having authority to pass or not pass as lawful merchandise, as it did or did not answer the prescribed requirements. It is not necessary that all these elements should coexist to make a valid inspection law. Quality alone may be the subject of inspection, or the inspection may be made to extend to all of the above matters. These laws are none the less inspection laws because they may have a remote and considerable influence upon commerce. Congress may interpose if a statute, under the guise of an inspection law, goes beyond the limit prescribed by the Constitution. = A State may not require the payment of an assessment or fee for each passenger upon an ocean vessel who is inspected to ascertain if he has leprosy, and impose a fine upon the owners of the vessel for nonpayment.* See Police, 2. Inspection laws have exclusive reference to personal property; they never apply to free human beings. A State cannot make a law designed to raise money to support paupers, to detect or prevent crime, to guard against disease, and to cure the sick, an inspection law, within the constitutional meaning of that word, by calling it so in the title... An inspection is something which can be accomplished by looking at or weighing or measuring the thing to be inspected, or applying to it at once some crucial test. When testimony is to be taken and examined, it is not inspection in any sense whatever. = 3. In the reception of evidence, a substitution of the eye for the ear. 1 Gibbons v. Ogden, 9 Wheat. 303 (1834), Marshall, C. J.: 8 Cow. 46; 64 Pa. 105. ^Neilson v. Garza, 2 Woods, 290(1876), Bradley, J.; Brown v. Maryland, 12 Wheat. 438 (1837), Marshall, C. J. s Turner o. Maryland, 107 0. S. SS, 54, 51-54, note (1882), cases, Blatohford, J. « People V. Pacific Mail Steamship Co., 8 Saw. 640 (1838), Sawyer, Cir. J. > People ti. Compagnie GSn Srale Transatlantique, 107 Inspection of documents, or of records. Refers to the right of a party to a suit to inspect and take copies of writings or records, in the possession of his opponent or of a pubh'c of Scer, which are material to the maintenance of his case. In civil practice, independently of the old doctrine of prof ert and oyer, a rule may be granted to compel the production and permit the copying of such papers as are essential to the maintenance of a contested right. But surrender of the documents will not be ordered. The doctrine applies to public, corporation, and private documents, in which the petitioner has an interest, and which are not of an incriminating- nature. Previous demand must have been made, and the documents must be under respondent's exclusive control. ' See DiscovEBT, 6, Bill of; Produob, 2; Eecord, Nul tiel. Inspection of the person. In an action for damages for personal injuries, the plaintiff may be required by the court, upon application, to submit his person to an examination for the purpose of ascertaining the character and extent of his injuries. The courts have held in divorce cases, that an examination may be ordered of a defendant alleged to be impotent.^ Trial toy inspection. When, for the greater expedition of a cause, in some point or issue the object of the senses, the judge, upon the testimony of his own sense, decides the point in dispute.' When the fact, from its nature, must be evident to the court either from ocular demonstration or other irrefragable proof, there the law departs from its usual custom, the verdict of twelve men, and relies upon the judgment of the court alone; as, in allegation^ of non-age, that plaintiff is dead when one calling himself plaintiff appears, that a man is an idiot; and in references to the almanac. But in all these <!ases, the judges, if they conceive a doubt, may order it to be tried by jury.^ Inspection is to be regarded rather as a means of ■dispensing with evidence than as evidence itself. That which the court or jury sees need not be proved. It is valuable as an ingredient of circumstantial evidence. A common illustration is where juries are taken to •view the scene where the events of litigation occurred... All materials and objects in any way part of the res gestce may be produced at the trial of 1 1 Whart. Ev. §§ 748-56, cases; 1 Greenl. Ev. §§471-78, 559-62, oases;. Brewer v. Watson, 71 Ala. 304-6 (1882), cases; Commonwealth, ex rel. Sellers v. Phoenix Iron Co., 105 Pa. 115-19 (1884), cases; 23 Am. Law Eeg. 396- 400 (1884), oases; 22 Cent. Law J. 341 (1886), oases. ' See generally Schroeder v. Chicago, &o. R. Co., 47 Iowa, 376-83 (ISW); Atchison, &c. H. Co. v. Thul, 29 Kan. 466, 474 (1888); 19 Cent. Law J; 144^48 (1884), cases; the case. But inspection alone is not relied upon when more exact proof can be produced.' 3. Supervision; trusteeship. Deed of inspectorship. An assignment by a debtor of his property, by which he is allowed to manage the property for a specified time, under the inspection of certain individuals, appointed by the body of the creditors, whose duty is to see that the property is disposed of in the manner most conducive to the interests of the creditors.2 See Composition: Liquidator. IlfSTALLMENT.a One of the several portions of a debt, payable at different periods. Where, for the purpose of collection, an assessment for benefits accruing from a public improvement is divided into installments, each one may be regarded as an assessment, and a statute of limitations run against it as a <Listinct claim.* Buying or selling personalty upon the installment plan is upon the scheme of different portions of the price at stipulated intervals. When the seller, at his option, may remove the property for breach of contract, replevin will not lie, until after demand and refusal to surrender.' See Sale, Conditional; Lien, Secret.