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Dictionars o the Scots Leid

Scottish National Dictionary (1700–)

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First published 1960 (SND Vol. V).
This entry has not been updated since then but may contain minor corrections and revisions.

INTERDICT, n., v. See also Enterdick. [n. ′ɪntərdɪkt; v. ɪntər′dɪkt]

I. n. 1. Sc. Law: a decree of a court prohibiting some action complained of as illegal or wrongful from being taken or proceeded with until the question of right is tried in the proper court, the equivalent of injunction in Eng. law (Sc. 1946 A. D. Gibb Legal Terms 44). An interim interdict is a provisional injunction granted in the emergency until the party complained of can return an answer in justification of his action. See also Suspension.Sc. 1752 Bankton Institute II. 621:
An Incident order, in way of an interdict uti possidetis, is granted by the court of session, when the pursuer, during the dependence of a suit touching the property of any subject, encroaches on the defender's possession in whole or in part.Sc. 1838 Bell Dict. Law Scot. 517:
The interdict is obtained in the Court of Session on presenting what is termed a bill of suspension or interdict to the Lord Ordinary on the Bills.Sc. 1868 Session Cases (1867–8) 799:
There is this peculiarity in a process of suspension and interdict that on the termination of the cause the complainer may be entitled to perpetual interdict against a thing which has been done during the dependence of the process.Sc. 1896 W. K. Morton Manual 460:
It is laid before a judge, who pronounces a deliverance, ordering intimation to the respondent, and Answers to be lodged by him if he is to resist, and meantime, if a prima facie case has been disclosed, granting interim interdict.Abd. 1952 Abd. Press & Jnl. (1 Nov.) 3:
One of several men against whom an interdict was granted restraining them from unlawfully entering or trespassing on Messrs Crombie's ground in the parish of Old Machar.Sc. 1955 Sc. Law Times (Sheriff Ct.) 2:
This is an action of interdict. I have already granted interim interdict and the defenders have now moved that the interim interdict should be recalled.

2. In a more gen. sense: a prohibition, a forbidding.Sc. 1707 Analecta Scot. (Maidment 1834) I. 259:
Am, by physicians and friends, under interdict for some few days in medling with busines.

II. v. 1. Sc. Law: to prohibit or restrain from an action by interdict.Sc. 1838 Bell Dict. Law Scot. 517:
The bill closes with a prayer, that the proceedings may be interdicted until the question of right be tried in the proper court.Sc. 1876 Act 39 & 40 Vict. c. 70. Sch. A.:
To interdict the defender from . . . and to grant interim interdict.Sc. 1952 Abd. Press & Jnl. (13 Nov.) 8:
[The] proprietors of the salmon fishing on the River Bervie for many years, seek a declarator of their rights, and to interdict Inverbervie Town Council from issuing permits and making charges for fishing on Bervie water.

2. In regard to spendthrift or facile persons: to restrain such a one by law from squandering or disposing recklessly of his estate (see quots.). Hence interdiction, the means whereby such a person restrains himself voluntarily or is restrained by a court from so acting; interdictor, -er, one whose consent is necessary before a facile person can grant any deed involving his estate (Sc. 1946 A. D. Gibb Legal Terms 44).Sc. 1724 Morison Decisions 7145:
The land estate, granted by the interdicted person, after the date of the interdiction, without the consent of the interdicters.Sc. a.1750 W. MacFarlane Geneal. Coll. (S.H.S.) I. 47:
Peter of Balfour his Licence to John Monepenny (who was interdicted to Peter) to wodset The Lands of Mirton to Nichol of Milton.Sc. 1798 Monthly Mag. (Sept.) 176:
An Interdiction — A Process to prevent a man of weak intellects from doing legal acts without consent of certain persons called his Interdictors. It may either be done by a voluntary deed, or by legal process.Sc. 1838 Bell Dict. Law Scot. 518:
Voluntary interdiction is imposed by the sole act of the interdicted person, who, being conscious of his facility, lays himself under this restraint. . . . Judicial interdiction is imposed by sentence of the Court of Session; generally proceeding on an action at the instance of a near kinsman of the facile person.Sc. 1890 W. K. Morton Manual 44:
The interdiction, to have effect, required to be registered in the Register of Interdictions (now the Register of Inhibitions) . . . Interdiction is now practically obsolete.