Blacks Law Dict. 1st ed

INTESTATE SUCCESSION

640

INTERRUPTION

Interruption of the possession is where the right is not enjoyed or exercised continuously; interrup tion of the right is where the person having or claiming the right ceases the exercise of it in such a manner as to show that he does not claim to be entitled to exercise it. In Scotch law. The true proprietor's claiming his right during the course of pre scription. Bell. INTERSECTION. The point of inter section of two roads is the point where their middle lines intersect. 73 Pa. St. 127. INTERSTATE COMMERCE. Traffic, intercourse, commercial trading, or the trans portation of persons or property between or among the several states of the Union, or from or between points in one state and poi nts in another state; commerce between two states, or between places lying in different states. INTERSTATE COMMERCE ACT. The act of congress of February 4, 1887, de signed to regulate commerce between the states, and particularly the transportation of persons and property, by carriers, between in terstate points, prescribing that charges for such transportation shall be reasonable and just, prohibiting unjust discrimination, re bates, draw-backs, preferences, pooling of freights, etc., requiring schedules of rates to be published, establishing a commission to carry out the measures enacted, and prescrib ing the powers and duties of such commis sion and the procedure before it. INTERSTATE COMMERCE COM MISSION. A commission created by the interstate commerce act (q. v.) to carry out the measures therein enacted, composed of five persons, appointed by the President, em powered to inquire into the business of the carriers affected, to enforce the law, to re ceive, investigate, and determine complaints made to them of any violation of the act, make annual reports, hold stated sessions, etc. INTERVENER. An jntervener is a per son who voluntarily interposes in an action or other proceeding with the leave of the court. INTERVENING DAMAGES. Such damages to an appellee as result from the de lay caused by the appeal. 1 Tyler, 267. INTERVENTION. In international law. Intervention is such an interference between two or more states as may (accord ing to the event) result in a resort to force; while mediation always is, and is intended to

be and to continue, peaceful only. Interven tion between a sovereign and his own subjects is not justified by anything in international law; but a remonstrance may be addressed to the sovereign in a proper case. Brown. In English ecclesiastical law. The pro ceeding of a third person, who, not being originally a party to the suit or proceeding, but claiming an interest in the subject-matter in dispute, in order the better to protect such interest, interposes his claim. 2 Chit. Pr. 492; 3 Chit. Coramer. Law, 633; 2 Hagg. Const. 137; 3 Phillim. Ecc. Law, 586. In the civil law. The act by which a third party demands to be received as a party in a suit pending between other persons. The intervention is made either for the purpose of being joined to the plaintiff, and to claim the same thing he does, or some other thing connected with it; or to join the defend ant, and with him to oppose the claim of the plaintiff, which it is his interest to defeat. Poth. Proc. Civile, pt. 1, c. 2, § 7, no. 3. INTESTABILIS. A witness incompe tent to testify. Calvin. INTESTABLE. One who has not testa mentary capacity; e. g., an infant, lunatic, or person civilly dead. INTESTACY. The state or condition of dying without having made a valid will. INTESTATE. "Without making a will. A person is said to die intestate when he dies without making a will, or dies without leaving anything to testify what his wishes were with respect to the disposal of his property after his death. The word is al so often used to signify the person himself. Thus, in speaking of the property of a per son who died intestate, it is common to say "the intestate's property;" i. e., the property of the person dying in an intestate condition. Brown. Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be partial; that is, where a man leaves a will which does not dispose of his whole estate, he is said to "die intestate" as to the property so omitted. INTESTATE SUCCESSION. A suc cession is called "intestate" when the de ceased has left no will, or when his will has been revoked or annulled as irregular. There fore the heirs to whom a succession has fallen by the effects of law only are called " heirs ah intestate." Civil Code La. art. 1096.

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