Interdiction

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Interdiction \In`ter*dic"tion\, n. [L. interdictio: cf. F.
     interdiction.]
     The act of interdicting; prohibition; prohibiting decree;
     curse; interdict.
     [1913 Webster]
  


           The truest issue of thy throne
           By his own interdiction stands accurst.  --Shak.
     [1913 Webster]

From WordNet (r) 2.0 [wn]:

  interdiction
       n 1: authoritative prohibition
       2: a court order prohibiting a party from doing a certain
          activity [syn: {interdict}]

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  INTERDICTION, civil law. A legal restraint upon a person incapable of 
  managing his estate, because of mental incapacity, from signing any deed or 
  doing any act to his own prejudice, without the consent of his curator or 
  interdictor. 
       2. Interdictions are of two kinds, voluntary or judicial. The first is 
  usually executed in the form of an obligation by which the obligor binds 
  himself to do no act which may affect his estate without the consent of 
  certain friends or other persons therein mentioned. The latter, or judicial 
  interdiction, is imposed by a sentence of a competent tribunal, which 
  disqualifies the party on account of imbecility, madness, or prodigality, 
  and deprives the person interdicted of the right to manage his affairs and 
  receive the rents and profits of his estate. 
       3. The Civil Code of Louisiana makes the following provisions on this 
  subject: Art. 382. No person above the age of majority, who is subject to an 
  habitual state of madness or insanity, shall be allowed to take charge of 
  his own person or to administer his estate, although such person shall, at 
  times, appear to have the possession of his reason. 
       4.-383. Every relation has a right to petition for the interdiction 
  of a relation; and so has every husband a right to petition for the 
  interdiction of his wife, and every wife of her husband. 
       5.-384. If the insane person has no relations and is not married, or 
  if his relations or consort do not act, the interdiction may be solicited by 
  any stranger, or pronounced ex officio by the judge, after having heard the 
  counsel of the person whose interdiction is prayed for, whom it shall be 
  the, duty of the judge to name, if one be not already named, by the party. 
       385. Every interdiction shall be pronounced by the judge of the parish 
  of the domicil or residence of the person to be interdicted. 
       386. The acts of madness, insanity or fury, must be proved to the 
  satisfaction of the judge, that he may be enabled to pronounce the 
  interdiction, and this proof may be established, as well by written as by 
  parol evidence and the judge may moreover interrogate or cause to be 
  interrogated by any other person commissioned by him for that purpose, the 
  person whose interdiction is petitioned for, or cause such person to be 
  examined by physicians, or other skillful persons, in order to obtain their 
  report upon oath on the real situation of him who is stated to be of unsound 
  mind. 
       387. Pending the issue of the petition for interdiction the judge may, 
  if he deems it proper, appoint for the preservation of the movable, and for 
  the administration of the immovable estate of the defendant, an 
  administrator pro tempore. 
       388. Every judgment, by which an interdiction is renounced, shall be 
  provisionally executed, notwithstanding the appeal. 
       389. In case of appeal, the appellate court may, if they deem it 
  necessary, proceed to the hearing of new proofs, and question or cause to be 
  questioned, as above provided, the person whose interdiction is petitioned 
  for, in order to ascertain the state of his mind. 
       390. On every petition for interdiction, the cost shall be paid out of 
  the estate of the defendant, if he shall be interdicted, and by the 
  petitioner, if the interdiction prayed for shall not be pronounced. 
       391. Every sentence of interdiction shall be published three times, in 
  at least two of the newspapers printed in New Orleans, or made known by 
  advertisements at the door of the court-house of the parish of the domicil 
  of the person interdicted, both in the French and English languages; and 
  this duty is imposed upon him who shall be appointed curator of the person 
  interdicted, and shall be performed within a month after the date of the 
  interdiction, under the penalty of being answerable for all damages to such 
  persons as may, through ignorance, have contracted with the person 
  interdicted. 
       392. No petition for interdiction, if the same shall have once been 
  rejected, shall be acted upon again, unless new facts, happening posterior 
  to the sentence, shall be alleged. 
       393. The interdiction takes place from the day of presenting the 
  petition for the same. 
       394. All acts done by the person interdicted, from the date of the 
  filing the petition for interdiction until the day when the same is 
  pronounced, are null. 
       395. No act anterior to the petition for the interdiction, shall be 
  annulled except where it shall be proved that the cause of such interdiction 
  notoriously existed at the time when the deeds, the validity of which is 
  contested, were made, or that the party who contracted with the lunatic or 
  insane person, could not have been deceived as to the situation of his mind. 
  Notoriously, in this article, means that the insanity was generally known by 
  the persons who saw and conversed with the party. 
       396. After the death of a person, the validity of acts done by him 
  cannot be contested for cause of insanity, unless his interdiction was 
  pronounced or petitioned for, previous to the death of such person, except 
  in cases in which mental alienation manifested itself within ten days 
  previous to the decease, or in which the proof of the want of reason results 
  from the act itself which is contested. 
       397. Within a month, to reckon from the date of the judgment of 
  interdiction, if there has been no appeal from the same, or if there has 
  been an appeal, then within a month from the confirmative sentence, it shall 
  be the duty of the judge of the parish of the domicil or residence of the 
  person interdicted, to appoint a curator to his person and estate. 
       398. This appointment is made according to the same forms as the 
  appointment to the tutorship of minors. After the appointment of the curator 
  to the person interdicted, the duties of the administrator, pro tempore, if 
  he shall not have been appointed curator, are at an end and he shall give an 
  account of his administration to the curator. 
       399. The married woman, who is interdicted, is of course under the 
  curatorship of her husband. Nevertheless, it is the duty of the husband, in 
  such case, to cause to be appointed by the judge, a curator ad litem; who 
  may appear for the wife in every case when she may have an interest in 
  opposition to the interest of her husband, or one of a nature to be pursued 
  or defended jointly with his. 
       400. The wife may be appointed curatrix to her husband, if she has, in 
  other respects, the necessary qualifications. She is not bound to give 
  security. 
       401. No one, except the husband, with respect to his wife, or wife with 
  respect to her husband, the relations in the ascending line with respect to 
  the relations in the descending line, and vice versa, the relations in the 
  descending line with respect to the relations in the ascending line, can be 
  compelled to act as curator to a person interdicted more than ten years, 
  after which time the curator may petition for his discharge. 
       402. The person interdicted is, in every respect, like the minor who 
  has not arrived at the age of puberty, both as it respects his person and 
  estate; and the rules respecting the guardianship of the minor, concerning 
  the oath, the inventory and the security, the mode of administering the sale 
  of the estate, the commission on the revenues, the excuses, the exclusion or 
  deprivation of the guardianship, mode of rendering the accounts, and the 
  other obligations, apply with respect to the person interdicted. 
       403. When any of the children of the person interdicted is to be 
  married, the dowry or advance of money to be drawn from his estate is to be 
  regulated by the judge, with the advice of a family meeting. 
       404. According to the symptoms of the disease, under which the person 
  interdicted labors, and according to the amount of his estate, the judge may 
  order that the interdicted person he attended in his own house, or that he 
  be placed in a bettering-house, or indeed, if he be so deranged as to be 
  dangerous, he may order him to be confined in safe custody. 
       405. The income of the person interdicted shall be employed in 
  mitigating his sufferings, and in accelerating his cure, under the penalty 
  against the curator of being removed in case of neglect. 
       406. He who petitions for the interdiction of any person, and fails in 
  obtaining such interdiction, may be prosecuted for and sentenced to pay 
  damages, if he shall have acted from motives of interest or passion. 
       407. Interdiction ends with the cause which gave rise to it. 
  Nevertheless, the person interdicted cannot resume the exercise of his 
  rights, until after the definite judgment by which a repeal of the 
  interdiction is pronounced. 
       408. Interdiction can only be revoked by the same solemnities which 
  were observed in pronouncing it. 
       6.-409. Not only lunatics and idiots are liable to be interdicted, 
  but likewise all persons who, owing to certain infirmities, are incapable of 
  taking care of their persons and administering their estates. 
       7. Such persons shall be placed under the care of a curator, who shall 
  be appointed and shall administer in conformity with the rules contained in 
  the present chapter. 
       8.-410. The person interdicted cannot be taken out of the state 
  without a judicial order, given on the recommendation of a a family meeting, 
  and on the opinion delivered under oath of at least two physicians, that 
  they believe the departure necessary to the health of the person 
  interdicted. 
       9.-411. There shall be appointed by the judge a superintendent to the 
  person interdicted whose duty it shall be to inform the judge, at least once 
  in three months, of the state of the health of the person interdicted, and 
  of the manner in which he is treated. 
      10. To this end, the superintendent shall have free access to the person 
  interdicted, whenever he wishes to see him. 
      11.-412. It is the duty of the judge to visit the person interdicted, 
  whenever, from the information he receives, he shall deem it expedient. 
      12. This visit shall be made at times when the curator is not present. 
      13.-413. Interdiction is not allowed on account of profligacy or 
  prodigality. Vide Ray's Med. Jur. chap. 25; 1 Hagg. Eccl. Rep. 401; 
  Committee; Habitual Drunkard.