Blacks Law Dict. 1st ed

INTERDUM EVENIT. ETC.

635

INTERCALARE

an ordinary gift from one person to another is called a "gift inter vivos," to distinguish it from a donation made in contemplation of death, (mortis causa.) INTERCALARE. In the civil law. To introduce or insert among or between others; to introduce a day or month into the calendar; to intercalate. Dig. 50, 16, 98, pr. INTERCEDERE. In the civil law. To become bound for another's debt. INTERCHANGEABLY. By way of exchange or interchange This term prop erly denotes the method of signing deeds, leases, contracts, etc., executed in duplicate, where each party signs the copy which he delivers to the other. INTERCOMMON. To enjoy a common mutually or promiscuously with the inhab itants or tenants of a contiguous township, vill, or manor. 2 Bl. Comm. 33; 1 Crabb, Real Prop. p. 271, § 290. INTERCOMMONING. When the com mons of two adjacent manors join, and the inhabitants of both have immemorially fed their cattle promiscuously on each other's common, this is called "intercommoning." Termes de la Ley. INTERCOMMUNING. Letters of in tercommuning 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 inter course 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 com mit such rebels to prison. Bell. INTERCOURSE. Communication; lit erally, a running or passing between persons or places; commerce. INTERDICT. In Roman law. A de cree of the praetor by means of which, in cer tain 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. Ron.. Law, § 258. Interdicts are either prohibitory, restora

tive, or exhibitory; the first being a prohibi tion, the second a decree for restoring pos session lost by force, the third a decree for the exhibiting of accounts, etc. Heinec § 1206. An interdict was distinguished from an "action," (action properly so called, by the circumstance that the praetor himself decided in the first in stance, (prindpaliter,) 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, 189. It might be adopted as a remedy in various cases where a reg ular action could not be maintained, and hence in terdicts were at one time more extensively used by the praetor than the actiones themselves. Aft erwards, however, they fell into disuse, and in the time of Justinian were generally dispensed with Mackeld. Rom. Law, § 258; Inst. 4, 15, 8. In ecclesiastical law. An ecclesiastical censure, by which divine services are pro hibited to be administered either to particular persons or in particular places. In Scotch, law. An order of the court of session or of an inferior court, pronounced, on cause shown, for stopping any act or pro ceedings complained of as illegal or wrong ful. It may be resorted to as a remedy against any encroachment either on property or pos session, and is a protection against any un lawful proceeding. Bell. INTERDICTION. 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 peison is deprived of the exercise of his civil rights. INTERDICTION OP FIBE AND WATER. Banishment by an order that no man should supply the person banished with fire or water, the two necessaries of life. INTERDICTUM SALVTANUM. 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 of the land. Inst. 4, 15, 3. Interdum evenit ut exceptio quee 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, li, 1, 2.

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