Restraint

What, then, according to common understanding, is the meaning of the term 'restraint?' Does it imply, that the limitation, restriction, or confinement, must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined; or is the term satisfied by a restriction, created by the application of external force?... when a port is blockaded, that the vessels within are confined, or restrained from coming out. The blockade force is not in possession of the vessels inclosed in the harbour, but it acts upon and restrains them. It is a vis major, applied directly and effectually to them, which prevents them from coming out of port. This appears to the court to be, in correct language, 'a restraint' of power imposing the blockade.

The effect of restraint In the law is to be considered mainly with residered. As to restraint upon anticipation, see Married Woman; and as to the execution of deeds or other documents under restraint, see Duress.

Confinement, abridgment or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement or restriction of liberty. "What, then, according to a common understanding, is the meaning of the term 'restraint?' Does it imply that the limitation, restriction, or confinement must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined, or is the term satisfied by a restriction created by the application of external force? If, for example, a town be besieged, and the inhabitants confined within its walls by the besieging army, if, in attempting to come out, they are forced back, would it be inaccurate to say that they are restrained within those limits? The court believes that it would not; and, if it would not, then with equal propriety may it be said, when a port is blockaded, that the vessels within are confined, or restrained from coining out. The blockading force is not in possession of the vessels inclosed in the harbor, but it acts upon and restrains them. It is a vis major, applied directly and effectually to them, which prevents them from coming out of port. This appears to the court to bs, in correct language, la restraint,' by the power imposing the blockade; and when a vessel, attempting to come out, is boarded and turned back, this restraining force is practically applied to such vessel." Olivera v. Union Ins. Co.., 3 Wheat 189, 4 L. Ed. 365. The terms "restraint" and "detention of princes," as used in policies of marine insurance, have the same meaning,—that of the effect of superior force, operating directly on the vessel. So long as a ship is under restraint, so long she is' detained ; and, whenever she is detainee, she is under restraint. Richardson v. Insurance Co.. 6 Mass. 102, 4 Am. Dec. 92.

— Restraint of marriage. A contract, covenant, bond, or devise is "in restraint of marriage" when its conditions unreasonably hamper or restrict the party's freedom to marry, or his choice, or unduly postpone the time of his marriage.

— Restraint of trade. Co.ntracts or combinations in restraint of trade are such as tend or are designed to eliminate or stifle competition, effect a monopoly, artificially maintain prices, or otherwise hamper or obstruct the course of trade and commerce as it would be carried on if left to the control of natural and economic forces. See U. S. v. Trans-Missouri Freight Ass'n, 166 U. S. 290, 17 Sun. Ct. 540, 41 L. Eld. 1007; Hodge v. Sloan, 107 N. Y. 244, 17 N. E. 335> 1 Am. St. Rep. 816. With reference to contracte between individuals, a restraint of trade is snid to be "general" or "special." A contract which forbids a person to employ his talents, industry, or capital in any undertaking within the limits of the state or country is in "general" restraint of trade; if it forbids him to employ himself in a designated trade or business, either for a limited time or within a prescribed area or district, it is in "special" restraint of trade. See Holbrook v. Waters, 9 How. Prae. (N. Y.) 337.

— Restraint on alienation. where property is given to a married woman to her separate use, without power of alienation.

The wo Ms "constraint " and " restraint " are so nearly alike in meaning, that to use restraint instead of constraint in a certificate of a wife's acknowledgment does not vitiate. Edmondson r. Harris, 2 Term. Ch. 427. The terms " restraint " and " detention of princes," as used in policies of marine insurance, have the same meaning, — that of the effect of superior force, operating directly on the vessel. So long as a ship is under restraint, so long she is detained; and whenever she is detained, she is under restraint. Richardson v. Maine Ins. Co., 6 Mass. 102.