Page:Black's Law Dictionary (Second Edition).djvu/654

Rh

the exhibiting of accounts. etc. Heinec. I i206.

An lnterdlct was distinguished from iin "action." tactic.) properly so called, by the cir- cumstance that the prsetor himself decided in the_ first instance, us:-incipizmer.) on the application of the plnlntilI, without previously uppointing fl jiuiez, by issuing I decree commanding nhat shonl_d be done, or left undone. Gains. 4. 13' it might be adopted as a remedy in various cases where 8 regular action could not be maintained. uud hence iuterdiets "ere in one time more exlensiiely used by the przetor than the actionrs themselves Lftcrisnrris. hl)\\(-.'\’(’I'. tbey fell into disu. iind in the time of Justin- iiin were gener:i dispensed with. Mcickcld. Rom. Law. § 258: Inst 4, 15. 8.

In ecclesiastical law. An ecclesiastical censure, by which dlrine services are pro- hibited to be administered either to particu- lar persons or in particular pliices.

In scotch law. An order of the court of session or of an inferior court. pro- nounced on cause shown, for stopping niiy act or proceedings coinplalned of us illegal or wrongful. It may be resorted to as a remedy ugiiinst any encroachment either on property or possession, and is 11 protection against any unluwfnl proceeding. i3el.l.

In French law. Every peison who. on account of insanity. has hecouie incapable of controlling his own interests, can be put under the control of a giuirdian, who shall administer his affairs with the some effect as he might h'niself. Such H person is said to be "¢‘nIerda't." and his stiuus is descrilied as "interdiction." Arg. Fr. Mere Law, 562.

In the civil law. A judicial decree, by which a person is deprived of the czcrcise of his civil rights.

In international law. An "interdiction

of commercial intercourse" between two countries is a governo.ienta.1 pi-«ihliiltinn or coinuierelai intercourse, intended to bring about an entire cessation for the time being of all trade whatever. See The Edward, 1 "'1le:it. 2T2. 4 L. Ed. 86. —Interd:iction of fire and water. Banish- iucnt by nn order [hut no man sbould supply the person biiuislied with fire or wiiter, the two necessaries of life

INTERDIGTUM SALVIANUM. Liit. In Roman law. The Saiiviun interdict. A process which lay for the owner of a farm to obtain possession of the goods of his tenant who had pledged them to him for the rent of the land. Inst. 4, 15. 8.

Inter-duni evenit lit exeeptiu quiz: prime. facie justa. videtur. tumen iniqno nocent. it sometimes happens that a plea which seems mania facic just. nevertbeless is injurious and uiiequaL Inst. 4. 14, 1, 2.

INT]-IRESSE. Lat. Interest The interest of money; also an interest in lands.

—Interesse termini. An inteic-sL in a term. That species of interest or property whieli I1

646

INTEREST

lessee for ears acquires in the lands demised to him. be ore he has netually become possessed of those lands: as distinguished from that property or interest vested in him by the demise, and also reduced into possession by an actual entry upon the lands and the nssumptier: of ownership tberein, and which is ihen ‘late for years" Brown —-Pro interesse sun. For his own inlrrcs . cording to, or to the extent of. his i iiividual int:-rest. Used lin piaclicel to I.lesv:i'ihc the lnteriention of so. paity who comes into a suit for the purpose of protecting interests of his own a hieh nuiv be involved in the dispiita bemoan the principal parties or nhich mu) be ntfected by the settlement of their conten~ lion.

INTEREST. In property. The most general term that can be employed to denote a property in lands or chntiels. In its application to lands or tbings real, it is frequently used in connection with the terms "e-shite." "riglit," nnd "tltle." and. .i('(-oi'd.'u.1g to Lord Coke. it pi-operlv includes them all. Co. Litt 3451). See ltagsdnle v. l\I:iys. ' Hurst v. Hurst. T \'V. Vii. 2 ' New York 1'. Stone. 20 \\’eii(l. (N. Y.) 14-: State 17. Mr- Kellop. 40 Mo. 1 Loreuthal v iionie Ins Co.. 112 Ala. 116. 20 Siiuth. 419. 33 L. R. A. 253. 57 Am. St. Rep. 17.

More particularly it means a right to have the adi'unta;:c .iccruiii.-; from anything; any right in the nature of property, but less l.i.i.iu title; a partial or undivided right; a title to a share.

The terms "interest" and "titit-" are not syn- onymous. A mortgagor in possession, and a purchaser holding under a deed ilcfet-tivcly execiileil. hose. both of them. nlisolute as uell as insurable interests in the prnpeity. tlioufli neither of them has the legal title Hough v. City F. Ins. (71).. 2‘.) (‘nun 20. 76 Am. Dec. 551 —Ahsolute or conditional. That is an all- solnte intcnst in property which is so coni- pleteiy rested in the individual that he can by no contingency be deprived of it without his own consent. Sn. too. be is the owner of such absolute interest who must necessarily sustain the loss if the property is destro ii. The terms "intercst" and "title" are not synony- nious. A moitgagnr in possission, and a pur- chaser holding under :1 dead defectiiclv exccuted. have. both of them. absolute. us uell as insurable. interests in the propcri. Ul0lll,’ll neither of them lius the legal title. " bsnlulc" is here synonymous with "i-csted." and is used in contrndislinction to contingent or conditional. llnngli v. (‘ity F. ins. Co. 29 Conn. 10. '76 Am. Dec. 581; Garicr v. E=iwi;e_ve Ins. C .. (39 Inwa. 202. ‘.78 N. W‘. 5'""i. Wiisiiington ll‘. Ins. (10. v. Kelly. 32 Md. 421. 431. 3 gm. Rep. 14$)‘. Elliott v. Ashinnd Mut. F Ins (‘(I.. 117 Pu. 548 12 At] GT6. 2 Am. St. Rep. 70.}: Williiims v, Tlutlalo German ins. Co. l(‘. 13.] 1'7 Fed C~3.—IriI:erest or no interest. Tin»- wurds, inserted in an insurance poiiry. menu that the question whether [be insured lins or has not an insurable interest in the subject- matter is waived, and the policy is to be good i1'1'(-spective of such interest. The effect of sueb a clause is to make it a wager policy.-— Intei-est policy. In insurance. One which nituaily, or m-i'mu.Ia.cie, covers a substantial and insurnlile interest; as opposed to a u:u_1/or of —Ii-iterest suit. In English law. .-in action in the probate bianch of the high court of justice. in which the question in dispnte is us to which par ‘s entitled to a grant of letters of iiilmiuis'l.r:ition of the estate of I deceased person. \\ harron.