Interdiction

In civil law. A judicial decree, by which a person is deprived of the exercise of his civil rights. The condition of the party who labors under this incapacity. INTERDICTUM SALVIANUM (Lat.)

In civil law. The Salvian interdict. A process which lay for the owner of a farm to obtain possession of the goods of his tenant who INTERDUM EVENIT UT EXCEPTIO quae prima facie justa videtur, tamen inique noceat. It sometimes happens that a plea which seems prima facie just, nevertheless is injurious and unequal. Inst. 4. 14; Id. 4. 14. 1. 2. INTER ESSE (Lat.) The interest of money, as distinguished from the principal. An interest in land. INTERESSE TERMINI (Lat.) An interest in the term. The demise of a term in land does not vest any estate in the lessee, but gives him a mere right of entry on the land, which right is called his interest in the term, or interesse termini. See Co. Litt. 46; 2 Bl. Comm. 144; 10 Viner, Abr. 348; Dane, Abr. Index; Watk. Conv. 15; 1 Washb. Real Prop. Index.

A prohibition of commercial intercourse between the citizens or subjects of the country enacting or proclaim- ■ Ing it and some other specified country or ■ port. By act of March 1, 1809, congress interdicted commercial intercourse between the United States and Great Britain, and in a case arising under this act, the United States supreme court held that the term interdiction means an entire cessation", for the time being, of all trade whatever. It has been held in England and in this country that interdiction of commerce with the port of destination is not a loss within Ed. 235; Andrews v. Ins. Oo., 3 Mas. 6, Fed. Gas. No. 374; contra, 9 East 283; Olivers v. Ins. Co., 3 Wheat. (U. S.) 183, 4 L. Ed. 365; Thompson v'. Read, 12 S. & R. (Pa.) 440; Simonds v. Ins. Co., 1 Wash. C. 0. 382, 4 Dali. 417, Fed. Cas. No. 12,875. See 3 Kent 293. In Civil Law. A judicial decree, by which a person is deprived of the exercise of his civil rights. The.condition of the party who labors under this incapacity. There can be no voluntary interdiction, as erroneously stated by some writers: the status of every person is regulated by the law, and can in no case be affected by contract Interdiction is the civil law proceeding by which, as by Inquisition in lunacy (q. v.) under English and American law, a person is found to be incapable of the management of himself and his estate. It is devised for the special protection of the rights and persons of those who are unable to administer them themselves, and although the person interdicted is not permitted to exercise his legal rights, he is by no means deprived of their enjoyment. These rights are exercised for his benefit by a curator, who is held to a strict accountability, and the fidelity of whose administration is secured, in most cases, by a bond of security, and always by a tacit mortgage on all his property. By the law of the twelve tables, prodigals alone could be interdicted. Curators were appointed for those afflicted with mental aberration, idiocy, or incurable diseases, qui perpetuo morbo laborant; but no decree of interdiction was pronounced against them. By the modern civil law, prodigality and profligacy are not sufficient reasons for interdiction; but whenever a person is prostrated, either by mental or physical disease, to such a degree as to be permanently disabled from administering his estate, he may be interdicted. A decree of Interdiction can be pronounced only by the court having Jurisdiction of the domicil of the person to be affected. The causes assigned are imbecility, insanity, and madness. The application may be by any relative, or wife or husband; or, in case of madness, the public law officer must apply, or in case of imbecility or insanity he may do so. The proceeding is by petition; the acts relied on are stated in writing; and the opinion of the family council is taken, the petitioners not participating. The judgment must be given at a public sitting, and, pending the proceedings, temporary administration may be provided for. Even if the application is rejected, the person against whom the proceedings are taken may be forbidden to go to law, compromise, borrow, receive payment of capital or give discharges, conveyances, or mortgages without advice of counsel appointed by the same judgment An appeal Is provided, and there may be another examination. The decree must be duly served and recorded, and posted in the tribunal of birth. From the day of judgment all acts are void, and it may have a retroactive effect, by which previous acts are annulled. the Insanity result from the act questioned..A guardian or curator is appointed, as in case of minors, to which it is by statute assimilated; the husband for his wife, as of right; the wife may be appointed for her husband, in which case the family council regulate the manner of administration. No one is compelled to act as guardian for more than ten years. The income must be used primarily to better the condition of the interdicted person. If his child marry, the family council fix the dowry. Interdiction ceases with the causes which made it necessary, and it may be withdrawn by proceedings similar to those by which it was obtained. Such are substantially the rules on the subject of interdiction found in the law of Louisiana and the French Code. They are substantially the same in all the modern codes having the civil law for their basis. In Louisiana it has been held that mental weakness is not sufficient unless interdiction be necessary for protection of person or property; Interdiction of Watson, 31 La. Ann. 757; the motives' of the party applying should be fully Investigated; Francke v. His Wife, 29 La. Ann. 302; trial by Jury cannot be demanded and judgment may be at chambers; In re Ross, 38 Ia. Ann. 523; a nonresident cannot be interdicted; Interdiction of Dumas, 32 La. Ann. 679; testimony of experts does not control the court and is of little weight when they had seen defendant only once; Interdiction of Watson, 31 La. Ann. 767; and opinions of non-experts are of little weight; they should state facts; Eloi V. Eloi, 36 La. Ann. 663; costs of proceeding to interdict a wife, Include fees of h4r lawyers, and are a debt of the community; Breaux v. Francke, 30 La. Ann. 336. A judge may in the exercise of a sound legal discretion, without a special statutory authority, exclude relations from a family meeting to recommend a curator, and he is not restricted to a narrow construction of the term “conflicting interest” in the statute disqualifying persons, having such an interest, for participating in the family meeting; Interdiction of Bothick, 44 La. Ann. 1037, 11 South. 712. In the selection of a curator the family meeting is not limited to applicants, nor to persons suggested by relations of the interdict; id. In Scotch Law. A legal restraint laid upon persons liable to be imposed upon, though having, to some extent, the exercise of reason, to prevent them from signing any deed affecting heritage, to their own prejudice, without the consent of their curators or Interdlctors. It is nearly superseded in practice by voluntary trusts. In cases where a trust cannot be obtained, the law relating to unconscionable bargains and to

In French law. Every person who, on account of insanity, has become incapable of controlling his own interests, can be put under the control of a guardian, who shall administer his affairs with the same effect as he might himself. Such a person is said to be "interdit," and his status is described as "interdiction." Arg. Fr. Merc. Law, 562.

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

In international law. An "interdiction of commercial intercourse" between two countries is a governmental prohibition of commercial intercourse, intended to bring about an entire cessation for the time being of all trade whatever. See The Edward, 1 Wheat. 272, 4 L. Ed. 86.

— Interdiction of fire and water. Banishment by an order that no man should supply the person banished with fire or water, the two necessaries of life.

In French law. Every person who, on account of insanity, has become incapable of controlling his own interests, can be put under the control of a guardian, who shall administer his affairs with the same effect as he might himself. Such a person is said to be “interdit,” and his status is deseriled as “interdiction.” Arg, Fr. Mere. Law, 562.

In the civil law. A judicial decree, by which a person is deprived of the exercise of his civil rights. INTERDICTION OF FIRE AND