Legal Term Dictionary

The law which regulates the intercourse of nations; the law of nations. 1 Kent, Comm. 1, 4. l The customary law which determines the rights and regulates the intercourse of independent states in peace and war. 1 Wildm. Int Law, 1. The system of rules and principles, founded on treaty, More...

The law which regulates the intercourse of nations; the law of nations. 1 Kent, Comm. 1, 4. l The customary law which determines the rights and regulates the intercourse of independent states in peace and war. 1 Wildm. Int Law, 1. The system of rules and principles, founded on treaty, custom, precedent, and the consensus of opinion as to justice and moral obligation, which civilized nations recognize as binding upon them in their mutual dealings and relations. Heirn v. Bridault, 37 Miss. 230; U. S. v. White (C. C.) 27 Fed. 201. Public International law is the body of rules which control the conduct of independent states in their relations with each other. Private international law is that branch of municipal law which determines before the courts of what nation a particular action or suit should be brought, and by the law of what nation it should be determined; In other words, it regulates private rights as dependent on a diversity of municipal laws and jurisdictions applicable to the persons, facts, or things in dispute, and the subject of it is hence sometimes called the "conflict of laws." Thus, questions whether a given person owes allegiance to a particular state where he is domiciled, whether his status, property, rights, and duties are governed by the lex situs, the lex loci,, the lex fori, or the lex domicilii, are questions with which private international law has to deal. Sweet; Roche v. Washington, 19 Ind. 55, 81 Am. Dec. 376w. Less...

A minister of a second order, charged with the affairs of the papal court in countries where that court has no nuncio.

A minister of a second order, charged with the affairs of the papal court in countries where that court has no nuncio. Less...

A messenger between two parties; a go-between. Applied .to a broker, as the agent of both parties. 4 C. Rob. Adm. 204.

A messenger between two parties; a go-between. Applied .to a broker, as the agent of both parties. 4 C. Rob. Adm. 204. Less...

In the civil law. The act by which, in consequence ot an agreement, the party bound declares that he will not be bound beyond a certain time. Wolff, Inst Nat | 752.

In the civil law. The act by which, in consequence ot an agreement, the party bound declares that he will not be bound beyond a certain time. Wolff, Inst Nat | 752. Less...

1. A plea by which a person sued in respect to property disclaims any interest in it and demands that rival claimants shall litigate their titles between themselves and relieve him from responsibility. Bennett v. Wolverton, 24 Kan. ,286. See INTERPLEADER. 2. In Missouri, a statutory proceeding serving as a More...

1. A plea by which a person sued in respect to property disclaims any interest in it and demands that rival claimants shall litigate their titles between themselves and relieve him from responsibility. Bennett v. Wolverton, 24 Kan. ,286. See INTERPLEADER. 2. In Missouri, a statutory proceeding serving as a substitute for the action of replevin, by which a third person intervenes in an action of attachment sets up his own. title to the specific property attached, and. seeks to recover the possession of it See, Rice v. Sally, 176 Mo. 107, 75 S. W. 398 Spooner v. Ross, 24 Mo. App. 603; State v. Barker, 26 Mo. App. 491; Brownwell, etc,. Car. Co. v. Barnard, 139 Mo. 142, 40 S. W. 762. . Less...

When two or more-persons claim the same thing (or fund), of a third, and he, laying no claim to it himself is ignorant which of them has a right to it and fears he may be prejudiced by their proceeding against him to recover It, he may file a bill More...

When two or more-persons claim the same thing (or fund), of a third, and he, laying no claim to it himself is ignorant which of them has a right to it and fears he may be prejudiced by their proceeding against him to recover It, he may file a bill In equity against them, the object of. which is to make them litigate their title between themselves, instead of litigating ft with him, and such a bill is called a "bill of interpleader." Brown. By the statute 1 A 2 Wm. IV. c. 58, summary proceedings at law were provided for the same purpose, in actions of assumpsit, debt, detinue, and trover. And the same', remedy is known, in one form or the other)] in most or all of the United States. Under the Pennsylvania practice, when goods, levied upon by the sheriff are claimed by a third' party, the sheriff takes a rule of interpleader on the parties, upon which, when made absolute, a feigned issue is framed, and the title to the, goods is tested. The goods, pending the proceed-, ings, remain in the custody of the defendant uf>-on the execution of a forthcoming bond. Bouvier. Less...

To insert words in a complete document.

To insert words in a complete document. Less...

The act of interpolating; the words interpolated.

The act of interpolating; the words interpolated. Less...

To construe; to seek out. the meaning of language; to translate orally from one tongue to another. o o Interpretare et oonoordare lege leg" lira, est optimns interpretandl modus. To interpret, and [in such a way as] to harmonize laws with laws, is the best mode of Interpretation. 8 Coke, More...

To construe; to seek out. the meaning of language; to translate orally from one tongue to another. o o Interpretare et oonoordare lege leg" lira, est optimns interpretandl modus. To interpret, and [in such a way as] to harmonize laws with laws, is the best mode of Interpretation. 8 Coke, 169a. Interpretatio ohartarnm benigne faci-enda est, nt res magis Talent qnam parent* The interpretation of deeds is to be liberal, that the thing may rather have effect than fail. Broom, Max. 543. Interpretatio flenda est nt res magis valeat qnam pereat. Jenk. Cent 198. Such an Interpretation is to be adopted that the thing may rather stand than fall. Interpretatio talis in ambignis semper flenda eat nt evitetnr inconveniens et absnrdnm. In cases of ambiguity, such an interpretation should always be made that what is inconvenient and absurd may be avoided. 4 Inst 328. Less...

The art or process of discovering and expounding the intended signification of the language used in a statute, will, contract, or any other written document, that is, the meaning which the author designed it to convey to others. People v. Com'rs of Taxes, 95 N. Y. 559; Rome v. Knor, More...

The art or process of discovering and expounding the intended signification of the language used in a statute, will, contract, or any other written document, that is, the meaning which the author designed it to convey to others. People v. Com'rs of Taxes, 95 N. Y. 559; Rome v. Knor, 14 How. Prac. (N. Y.) 272 ; Ming Pratt 22 Mont 262, 56 Pac. 279; Tallman v. Tallman, 3 Misc. Rep. 465, 23 N. Y. Supp. 734. The discovery and representation of the true meaning of any signs used to convey ideas. Lieb. Herm. "Construction" is a term of wider scope than "interpretation:" for, while the latter is concerned only with ascertaining the sense and meaning of the subject-matter, the former may also be directed to explaining the legal effects and consequences of the instrument in question. Hence interpretation precedes construction, but stops at the written text. Close interpretation (interpretatio restric-ta) is adopted if just reasons, connected with the formation and character of the text induce us to take the words in their narrowest meaning. This species of interpretation has generally been called "literal," but the term is inadmissible. Lieb. Herm. 54. Extensive interpretation (interpretatio cx-tensiva, called, also, "liberal interpretation") adopts a more comprehensive signification of the word. Id. 58. Extravagant interpretation (interpretatio exeedens) is that which substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. Id. 59. Free or unrestricted interpretation (interpretatio soluta) proceeds simply on the general principles of interpretation In good faith, not bound by any specific or superior principle. Id. 59. Limited or restricted interpretation (interpretatio limitata) is when we are influenced by other principles than the strictly hermeneutic ones. Id. 60. Predestined interpretation (interpretatio predestinata) takes place if the Interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views or desires. This Includes artful Interpretation, {interpretatio vafer,) by which the interpreter seeks to give a meaning to the text other than the one he knows to have been intended. Id. 60. It is said to be either "legal," which rests on the same authority as the law itself, or "doctrinal," which rests upon its intrinsic reasonableness. Legal interpretation may be either "authentic," when it is expressly provided by the legislator, or oousual," when it is derived from unwritten practice Doctrinal Interpretation may turn on the meaning of words and sentences, when it is called "grammatical," or on the intention of the legislator, when it is described as "logical." When logical Interpretation stretches the words of a statute to cover Its obvious meaning, it is called "extensive;" when, on the other hand, it avoids giving full meaning to the words, in order not to go beyond the intention of the legislator, it is called "restrictive." Holl. Jur. 344. As to strict and liberal Interpretation, see CONSTRUCTION. In the civil law, authentic interpretation of laws is that given by the legislator himself, which is obligatory on the courts. Customary interpretation (also called "usual") is that which arises from successive or concurrent decisions of the court on the same subject-matter, having regard to the spirit of the law, jurisprudence, usages, and equity; as distinguished from "authentic" interpretation, which is that given by the legislator himself. Houston v. Robertson, 2 Tex. 26. -Interpretation olanse. A section of a statute which defines the meaning of certain words occurring frequently in the other sections. Less...