Interdict

In Civil Law. The formula according to which the praetor ordered or forbade anything to be done in a cause concerning true or quasi possession until it should be decided definitely who had a right to it. But in modem civil law it is an extraordinary action, by which a summary decision is had in questions of possession or quasi possession. Heinec. Elem. Jur. Civ. § 1287. Interdicts are either prohibitory, restorative, or exhibitory; the first being a prohibition, the second a decree for restoring possession lost by force (interdict unde vi., 50 111. 465), the third a decree for the exhibiting of accounts, e'tc. Id. 1290. Interdicts were decided by the praetor without the intervention of a judex, differing in this from actions (actiones). The etymology of the word, according to Justinian, is quod inter duos dicitur; according to Isidorus, quod interim dicitur. Vocat; Sand. Just. 589; Mackeld. Civ. Law, §§ 196, 230, 235. Like an injunction, the interdict was merely personal in its effects; and it had also another similarity to it, by being temporary or perpetual. Dig. 43. 1. 1. 3. 4. See Story, Eq. Jur. § 865; Halifax, Anal. c. 6. See "Injunction." In Ecclesiastical Law. An ecclesiastical censure, by which divine services are prohibited either to particular persons or particular places. These tyrannical edicts, issued by ecclesiastical powers, have been abolished in England since the reformation, and were never known in the United States. See 2 Burns, Ecc. Law, 340, 341. Baptism was allowed during an interdict; but the holy eucharist was denied, except in the article of death, and burial in consecrated ground was' denied, unless without divine offices.

In Roman law. A decree of the prætor by means of which, in certain 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 quasi possession. In the modern civil law, interdicts are regarded precisely the same as actions, though they give rise to a summary proceeding. Mackeld. Rom. Law, § 258. Interdicts are either prohibitory, restorative, or exhibitory; the first being a prohibition, the second a decree for restoring possession lost by force, the third a decree for the exhibiting of accounts, etc. Heinec. § 1206. An interdict was distinguished from an "action," (actio,) properly so called, by the circumstance that the prætor himself decided in the first instance, (principaliter,) on the application of the plaintiff, without previously appointing a judex, by issuing a decree commanding what should be done, or left undone. Gaius, 4, 139. It might be 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 prætor than the actiones themselves. Afterwards, however, they fell into disuse, and in the tkne of Justinian were generally dispensed with. Mackeld. Rom. Law, § 25S; 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 Scotch law. An order of the court of session or of an interior 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.

In Scots law. An injunction. which he commanded chiefly used where a contention arose possession, or quasi possession. prohibitory, restoratory and exhibitory.

In the canon law. Interdict, interdiction: prohibiting the administration of divine ance of religious services.

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,

1. An injunction. 2. An ecclesiastical censure, prohibition of divine services, interdiction. 3. In Scotch law, a legal restraint from executing deeds, imposed on persons of weak mind.