Interdict
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
In Roman law. A decree of the preetor by means of whieh, in cerfain cases determined by the edict, he himself directly commanded what should be done or omitted, particularly in causes involving the right of possession or a guasi possession. In the modern civil law, interdicts are regarded precisely the same as actions, though they give rise to @ summary proceeding. Mackeld. tive, or exhibitory; the first being a prohibltion, the second a decree for restoring possession lost by force, the third a decree for the exhibiting of accounts, ete.
Heinec, § 1206.
An interdict was distinguished from an “action,” (aectio,) properly so cxlled, by the circumstance that the prastor himself decided in the first instance, (prineipaliter,) ou the application of the plaintiff, without previously appointing a judex, by issuing a decree commanding what should be dane, or left undone.
Galus, 4, 189.
It might ba adopted as a remedy in various cases where a regular action could not be maintained, and hence interdicts were at one time more extensively used by the prector than the actiones themselves, Aft erwards, however, tliey fell into disuse, and in the time of Justiniap were generally dispensed with.
Mackeld.
Rom. Law, § 258; Inst. 4, 15, 8, In ecclesiastical law. An ecclesiastical censure, by which divine services are prohibited to be administered either to particular persons or in particular places. In Scoteh law. An order of the court of session or of an inferior court, pronounced, on cause shown, for stopping any act or proceedings complained of as illegal or wrongful. It may be resorted to as a remedy against any encroachment either on property or possession, and is a protection against any unlawful proceeding.
Bell,