lf becomes insolvent.
TITLE XV. OF INTERDICTS
We have next to treat of interdicts or of the actions by which they have
been superseded. Interdicts were formulae by which the praetor either
ordered or forbad some thing to be done, and occurred most frequently in
case of litigation about possession or quasi-possession.
1 The first division of interdicts is into orders of abstention, of
restitution, and of production. The first are those by which the praetor
forbids the doing of some act--for instance, the violent ejection of
a bona fide possessor, forcible interference with the internment of a
corpse in a place where that may lawfully be done, building upon sacred
ground, or the doing of anything in a public river or on its banks
which may impede its navigation. The second are those by which he orders
restitution of property, as where he directs possession to be restored
to a 'possessor of goods' of things belonging to an inheritance, and
which have hitherto been in the possession of others under the title
of heir, or without any title at all; or where he orders a person to be
reinstated in possession of land from which he has been forcibly ousted.
The third are those by which he orders the production of persons or
property; for instance, the production of a person whose freedom is in
question, of a freedman whose patron wishes to demand from him certain
services, or of children on the application of the parent in whose power
they are. Some think that the term interdict is properly applied only to
orders of abstention, because it is derived from the verb 'interdicere,'
meaning to denounce or forbid, and that orders of restitution or
production are properly termed decrees; but in practice they are all
called interdicts, because they are given 'inter duos,' between two
parties.
2 The next division is into interdicts for obtaining possession, for
retaining possession, and for recovering possession.
3 Interdicts for obtaining possession are exemplified by the one given
to a 'possessor of goods,' which is called 'Quorum bonorum,' and which
enjoins that whatever portion of the goods, whereof possession has been
granted to the claimant, is in the hands of one who holds by the title
of heir or as mere possessor only, shall be delivered up to the grantee
of possession. A person is deemed to hold by the title of heir who
thinks he is an heir; he is deemed to hold as mere possessor who relies
on no title at all, but
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