Blacks Law Dict. 1st ed

INTERLOCUTORY SENTENCE

638

INTERPRETATIO TALIS, ETC.

the cause. This or any such order, not be ing final, is interlocutory." Termes de la Ley. INTERLOCUTORY SENTENCE. In the civil law. A sentence on some indirect question arising from the principal cause. Hallifax, Civil Law, b. 3, ch. 9, no. 40. INTERLOPERS. Persons who run into business to which they have no right, or who interfere wrongfully; persons who enter a country or place to trade without license. Webster. INTERN. To restrict or shut up a per son, as a political prisoner, within a limited territory. INTERNATIONAL LAW. The law which regulates the intercourse of nations; the law of nations. 1 Kent, Comm. 1, 4. The customary law which determines the rights and regulates the intercourse of inde pendent states in peace and war. 1 Wildm. Int. Law, 1. The system of rules and principles, founded on treaty, custom, precedent, and the con sensus of opinion as to justice and moral ob ligation, which civilized nations recognize as binding upon them in their mutual dealings and relations. Public international law is the body of rules which control the conduct of independ ent 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 lexfori, or the lex domicilii, are questions with which pri vate international law has to deal. Sweet. INTERNUNCIO. A minister of a sec ond order, charged with the affairs of the papal court in countries where that court has no nuncio. INTERNUNCIUS. A messenger be tween two parties; a go-between. Applied to a broker, as the agent of both parties. 4 C. Rob. Adm. 204.

INTERPELATION. In the civil law. The act by which, in consequence of an agree ment, the party bound declares that he will not be bound beyond a certain time. Wolff, Inst. Nat. § 752. INTERPLEADER. 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 pro ceeding 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 be tween themselves, instead of litigating it with him, and such a bill is called a "bill of interpleader." Brown. By the statute 1 & 2 Wm. IV. c. 58, sum mary 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 proceedings, re main in the custody of the defendant upon the ex ecution of a forthcoming bond. Bouvier. INTERPOLATE, complete document. To insert words in a INTERPOLATION. The act of inter polating; the words interpolated. INTERPRET. To construe; to seek out the meaning of language; to translate orally from one tongue to another. Interpretare et concordare leges leg ibus, est optimus interpretandi modus. To interpret, and [in such a way as] to har monize laws with laws, is the best mode of interpretation. 8 Coke, 169a. Interpretatio chartarum benigne faoi enda est, ut res magis valeat quam pe reat. The interpretation of deeds is to be liberal, that the thing may rather have ef fect than fail. Broom, Max. 543. Interpretatio ftenda est ut res magis v a l e a t quam pereat. Jenk. Cent. 198. Such an interpretation is to be adopted that the thing may rather stand than fall. Interpretatio talis in ambiguis sem per fienda est ut evitetur ineonveniens et absurdum. In cases of ambiguity, such an interpretation should always be mad©

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