Legal Term Dictionary

Letters of inter-communing were letters from the Scotch privy council passing (on their act) in the king's name, charging the lieges not to reset supply, or intercommune with the persons thereby denounced; or to furnish them with meat, drink, house, harbor, or any other thing useful or comfortable; or to More...

Letters of inter-communing were letters from the Scotch privy council passing (on their act) in the king's name, charging the lieges not to reset supply, or intercommune with the persons thereby denounced; or to furnish them with meat, drink, house, harbor, or any other thing useful or comfortable; or to have any intercourse with them whatever,-under pain of being reputed art and part in their crimes, and dealt with accordingly; and desiring all sheriffs, bailies, etc., to apprehend and commit such rebels to prison. Bell. Less...

Communication; literally, a running or passing between persons or places; commerce. As applied to two persons, the word standing alone, and without a descriptive or qualifying word, does not import sexual connection. People v. Howard, 143 Cal. 316, 76 Pac. 1U0.

Communication; literally, a running or passing between persons or places; commerce. As applied to two persons, the word standing alone, and without a descriptive or qualifying word, does not import sexual connection. People v. Howard, 143 Cal. 316, 76 Pac. 1U0. Less...

In Roman law. A decree of the praetor 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 More...

In Roman law. A decree of the praetor 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, f 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. Helnec. f 1206. An interdict was distinguished from an "action," (actio,) properly so called, by the circumstance that the pnetor 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 pnetor than the actiones themselves. Afterwards, however, they fell into disuse, and in the time of Justinian were generally dispensed with. Mackeld. Rom. Law, 5 258; Inst 4, 15, ala ecclesiastieal law. An ecclesiastical censure, by which divine services are prohibited to be administered either to particular persons or in particular places. Ia Scotch 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. Less...

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 More...

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 his 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 (ire or water, the two necessaries of life. Less...

Lat. In Roman law. The Salvian Interdict A process which lay for the owner of a farm to obtain possession of the goods of his tenant who had pledged them to him for the rent ot the land. InsJ. 4, 15, 3. Interdnnt evenit nt ezoeptio qnst prima facie jnsta More...

Lat. In Roman law. The Salvian Interdict A process which lay for the owner of a farm to obtain possession of the goods of his tenant who had pledged them to him for the rent ot the land. InsJ. 4, 15, 3. Interdnnt evenit nt ezoeptio qnst prima facie jnsta videtnr, tamen iniqne noceat. It sometimes happens that a plea which seems prima facie just, nevertheless Is injurious and unequal. Inst 4, 14, 1, 2. Less...

Lat. Interest. The interest of money; also an interest in lands. -Interesse termini. An interest in a term. That species of interest or property which a lessee for years acquires in the lands demised to him, before he has actually become possessed of those lands; as distinguished from that property More...

Lat. Interest. The interest of money; also an interest in lands. -Interesse termini. An interest in a term. That species of interest or property which a lessee for years acquires in the lands demised to him, before he has actually become possessed of those lands; as distinguished from that property or interest vested in him by the demise, and also reduced into possession by an actual entry upon the lands and the assumption of ownership therein, and which is then termed an "estate for years." Brown.-Pro interesse sno. For his own interest; according to, or to the extent of, his individual interest. Used (in practice) to describe the intervention of a party who comes into a suit for the purpose of protecting interests of his own which may be involved in the dispute between the principal parties or which may be affected by the settlement of their contention. Less...

In property. The most general term that can be employed to denote a property In lands or chattels. In its application to lands or things real, it Is frequently used in connection with the terms "estate," "right" and "title," and, according to Lord Coke, it properly Includes them all. Co. More...

In property. The most general term that can be employed to denote a property In lands or chattels. In its application to lands or things real, it Is frequently used in connection with the terms "estate," "right" and "title," and, according to Lord Coke, it properly Includes them all. Co. Litt 845b. See Ragsdale v. Mays, 65 Tex. 257; Hurst v. Hurst, 7 W. Va. 297; New York Stone, 20 Wend. (N. Y.) 142; State T. MC-Kellop, 40 Mo. 185; Loventhal v. Home Ins. Co., 112 Ala. 116, 20 South. 419, 83 L. R. A. 258, 57 Am. St Rep. 17. More particularly It means a right to have the advantage accruing from anything; any right in the nature of property, but less than title; a partial or undivided right; a title to a share. The terms "interest" and "title" are not synonymous. A mortgagor in possession, and a purchaser holding under a deed defectively executed, have, both of them, absolute as well as insurable interests in the property, though neither of them has the legal title. Hough v. City F. Ins. Co., 29 Conn. 20, 76 Am. Dec. 581. -Absolute or conditional. That is an absolute interest in property which is so completely vested in the individual that he can by no contingency be deprived of it without his own consent. So, too, he is the owner of such absolute interest who must necessarily sustain the loss if the property is destroyed. The terms "interest" and "title" are not synonymous. A mortgagor in possession, and a purchaser holding under a deed defectively executed, have, both of them, absolute, as well as Insurable, interests in the property, though neither of them has the legal title. "Absolute" is here synonymous with "vested," and is used in contradistinction to contingent or conditional. Hough v. City F. Ins. Co., 29 Conn. 10, 76 Am. Dec. 581; Garver v. Hawkeye Ins. Co., 69 Iowa, 202, 28 N. W. 555; Washington F. Ins. Co. v. Kelly, 82 Md. 421, 431, 3 Am. Rep. 149; Elliott v. Ashland Mut. F. Ins. Co., 117 Pa. 548, 12 Atl. 676, 2 Am. St Rep. 703: Williams v. Buffalo German Ins. Co. (C. C.) 17 Fed. 63.-Interest or no interest. These words, inserted in an insurance policy, mean that the question whether the insured has or has not an insurable interest in the subject-matter is waived, and the policy is to be good irrespective of such interest The effect of such a clause is to make it a wager policy.- Interest policy. In insurance. One which actually, or prima facie, covers a substantial and insurable interest; as opposed to a wager policy.-Interest snit. In English law. An action in the probate branch of the high court of justice, in which the question in dispute is as to which party is entitled to a grant of letters of administration of the estate of a deceased person. Wharton. In tne law of evidenoe. "Interest," In a statute that no witness shall be excluded by Interest In the event of the suit, means "concern," "advantage," "good," "share," "portion," "part," or "participation." Pitch v. Bates, 11 Barb. (N. Y.) 471; Morgan v. Johnson, 87 Ga. 382, 13 S. E. 710. A relation tp the matter in controversy, or to the issue of the suit, in the nature of a prospective gain or loss, which actually does, or presumably might, create a bias or prejudice in the mind, inclining the person to favor one side or the other. For money. Interest is the compensation allowed by law or fixed by the parties for the use or forbearance or detention of money. Civ. Code Cal. ? 1915; Williams v. Scott, 83 Ind. 408; Kelsey v. Murphy, 30 Pa. 341; Williams v. American Bank, 4 Mete. (Mass.) 317; Beach v. Peabody, 188 HI. 75; 58 N. B. 680. Classification^-Conventional Interest is interest at the rate agreed upon and fixed by the parties themselves, as distinguished from that which the law would prescribe in the absence of an explicit agreement. Fowler v. Smith, 2 Cal. 568; Rev. St Tex. 1895, art. 3099.-lfO?al interest. That rate of interest prescribed by the laws of the particular state or country as the highest which may* be lawfully contracted for or exacted, and which must be paid in all cases where the law allows interest without the assent of the debtor. Towslee v. Durkee, 12 Wis. 485; American, etc, Ass'n v. Harn (Tex. Civ. App.) 62 S. W. 75; Beals v. Amador County, 35 Cal. 633. -Simple interest is that which is paid for the principal or sum lent at a certain rate or allowance, made by law or agreement of par-ties^-Componnd interest is interest upon interest, where accrued interest is added to the principal sum, and the whole treated as a new principal, for the calculation of the interest for the next period. -Ex-Interest. In the language of stock exchanges, a bond or other interest-bearing security is said to be sold "ex-interest" when tbe vendor reserves to himself the interest already accrued and payable (if any) or the interest accruing up to the next interest day.-Interest, maritime. See MARITIME INTEKEST.-Interest npon interest. Compound interest. Interest reipnblicss ne malefioia re* maneant impnnita. It concerns the state that crimes remain not unpunished. Jenk. Cent pp. 30, 31, case 59; Wing. Max. 501. Interest reipnbliese me sna qnis male atatnr. It concerns the state that persons do not misuse their property. 6 Coke, 36a. Interest reipnbliosB qnod homines eon-serventnr. It concerns the state that [the lives of] men be preserved. 12 Coke, 62. Interest reipnbliese res jndioatas non rescind!. It concerns the state that things adjudicated be not rescinded. 2 Inst 360. It is matter of public concern that solemn adjudications of the courts should not be disturbed. See Best Ev. p. 41, ? 44. Interest reipnbliose supreme, bontinnm testament* rata haberi. It concerns the state that men's last wills be held valid, [or allowed to stand.] Co. Litt 236b. Interest reipnbliose nt earoeres sint in tnto. It concerns thejstate that prisons be safe places of confinement 2 Inst 589. * Interest (imprimis) reipnbliese nt pan in regno eonservetnr, et qnseennqne paei adversentnr provide deolinentnr. It especially concerns the state that peace be preserved in the kingdom, and that whatever things are against peace be prudently avoided. 2 Inst 158. Interest reipnbliose nt qnilibet re sna bene ntatnr. It is the concern of the state that every one uses his property properly. Interest reipnbliose nt sit finis litinm. It concerns the state that there be an end of lawsuits. Co. Litt 303. It is for the general welfare that a period be put to litigation. Broom, Max. 331, 343. Less...

In patent law, this term designates a collision between rights claimed or granted; that is, where a person claims a patent for tbe whole or any integral part of the ground already covered by an existing patent or by a pending application. Milton v.. Kingsley, 7 App. D. C. 540; More...

In patent law, this term designates a collision between rights claimed or granted; that is, where a person claims a patent for tbe whole or any integral part of the ground already covered by an existing patent or by a pending application. Milton v.. Kingsley, 7 App. D. C. 540; De* derick v. Fox (C. C.) 56 Fed. 717; Nathan Mfg. Co. v. Craig (G. C.) 49 Fed. 370. Strictly speaking, an "interference" is declared to exist by the patent office whenever it is decided by the properly constituted authority in that bureau that two pending applications (or a patent and a pending application), in their claims or essence, cover the same discovery or invention, so as to render necessary an investigation into the question of priority of invention between the two applications or the application and the patent, as the case may be. Lowrey v. Cowles Electric Smelting, etc., Co. (C. C.) 68 Fed. 372. Less...

Lat. In the mean time; meanwhile. An assignee ad interim is one appointed between the time of bankruptcy and appointment of the regular assignee. 2 Bell, Comm. 355. -Interim committitnr. "In the mean time, let him be committed." An order of court (or the docket-entry noting it) by which a More...

Lat. In the mean time; meanwhile. An assignee ad interim is one appointed between the time of bankruptcy and appointment of the regular assignee. 2 Bell, Comm. 355. -Interim committitnr. "In the mean time, let him be committed." An order of court (or the docket-entry noting it) by which a prisoner is committed to prison and directed to be kept there until some further action can be taken, or until the time arrives for the execution of his sentence.-Interim curator. In English law. A person appointed by justices of the peace to take care of the property of a felon convict until the appointment by the crown of an administrator or administrators for the same purpose. Mozley A Whitley.-Interim factor, in Scotch law. A judicial officer elected or appointed under the bankruptcy law to take charge of and preserve the estate until a fit person shall be elected trustee. 2 Bell, Comm. 357.- Interim officer. One appointed to fill the office during a temporary vacancy, or during an interval caused by the absence or incapacity. of the regular Incumbent-Interim order. One made in the mean time, and until something is done.-Interim receipt. A receipt for money paid by way of premium for a contract of insurance for which application is made. If the risk is rejected, the money is refunded, less the pro rata premium. Less...

In old practice. To link together, or interchangeably. Writs were called "interlaqueata" where several were issued against several parties residing in different counties, each party being summoned by a separate writ to warrant the tenant, together with the other warrantors. Fleta, lib. 5, c 4, s 2.

In old practice. To link together, or interchangeably. Writs were called "interlaqueata" where several were issued against several parties residing in different counties, each party being summoned by a separate writ to warrant the tenant, together with the other warrantors. Fleta, lib. 5, c 4, s 2. Less...