INSTITUTION (Lat. instiluere, to form, to establish).
In Civil Law. The appointment of an heir ; the act by which a testator nominates one or more persons to succeed him in all his rights, active and passive. Halifax, Anal. 39 ; Pothier, Tr. des Donations testamen taires, c. 2, s. 1, 1 ; La. Civ. Code, 1598 ; Dig. 28. 5. 1; 1. 28. 6. 1, 2. 4.
In Ecclesiastical Law. To become a parson or vicar, four things are necessary, viz.. holy orders, presentation, institution, induction. Institution is a kind of investi ture of the spiritual part of the benefice ; for by institution the care of the souls of the parish is committed to the charge of the clerk,—previous to which the oath against simony and of allegiance and supremacy are to be taken. By institution the benefice is full : so that there can be no fresh presenta tion (except the patron be the king), and the clerk may enter on parsonage-house and glebe and take the tithes; but he cannot grant or let them, or bring an action fur them, till induction. See 1 Sharswood, Blackst. Comm. 389-391 ; 1 Burn, Eccl. Law, 169-172.
In Political Law.. A law, rite, or cere mony enjoined by authority as a permanent ru!e of conduct or of government: as, the In stitutions of Lycurgus. Webster, Diet. An organized society, established either by law or the authority of individuals, for promot ing any object, public or social. Webster, Diet.
In Practice. The commencement of an action : as, A B has instituted a suit against D to recover damages for trespass.
INSTRUCTIONS. In Common Law.
Orders given by a principal to his agent in relation to the business of his agency.
The agent is hound 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. Penn. 361; 1 Livermore, Ag. 368.
See ArIENT.
In 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. Warren, Law Stud. 284.
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 instruc tions, see 3 Chitty, Pract. 117, 120, n.
In French Law. The means 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.