Restrain

Though somewhat less technical than " enjoin," is often used, in equity practice, as equivalent to and interchangeable with that word. Thus an injunction suit is said to be brought to restrain defendant from an act which he threatens; and one who has been enjoined is said to have been restrained. Some of the significations of the word restrain are: to keep in, hold in, abridge, limit, confine. Each of these definitions clearly imports that the thing shall be permitted to exist only in a modified form, — that it shall not be suppressed, but regulated. Hence, when, by the charter of a city, the common council may " suppress and restrain " nine and ten pin alleys, &c., the common council may, in their discretion, restrain and regulate such places, or they may suppress them.

Smith.;. City of Madison, 7 Ind. 86.

A grant of power to restrain and suppress billiard-tables implies a power to license them. City of Burlington v. Lawnature of an injunction. The term is said to be particularly applied in England to an order restraining the bank of England, or some public company, from allowing any dealing with some stock or shares specified in the order. It is granted on motion or petition. Hunt Eq. Pt. III. ch.

3, § 2.

Restraining statute

An enactment which diminishes or restricts privileges or rights allowed by the common law. It is said to be particularly used in England of acts of parliament passed to restrain simoniacal practices in presents^ tions to livings, 2 Steph. Com. 720; also of acts restraining the powers of corporations in regard to leases, 2 Bl. Com. 319.