Page:Black's Law Dictionary (Second Edition).djvu/655

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INTEREST

In the law of evidence. "Interest." in a statute that no witness shall be evcluded by interest in the event of the suit, means “concern." “ailvant:ige," "good." "share." "portion," “piirt." or “p:irtlcipntion." Fitch v. Bates, 11 Barb. (N. Y.) 471: Morgan v. Johnson. 5 G21. $32. 13 S. E. 710.

A relation to the mutter in controversy. or to the issue of the suit. in the nature of I1 prospectlie gain or loss, which actually does, or presumably might. create :1 liias or preju- dice in the mind, inclining the person to favor one side or the other.

For money. Interest is the compensation allowed by low or fixed by the parties for the use or forbearance or detention of money. Clv. Code Cal. § 1915: Vfilliauis V Scott, 83 Ind. 408; Kelsey v. Murphy. 34) Pa. 341; Williams v. American Bank, 4 l\Ietc. (lii2iss.) 317; Beach v. Peabody, 188 111'. T5, 58 N. E. 680.

Gls.ssifieatlun.—Conventiona1 interest is lutciest at the rate nereed upon and fired by the parties tliemselies, as distinguished from that which the lair uonld '|ll'('S(‘IlibI' in the absence of an expiicit cement. Fowler v. Smilh 2 (‘al. 568; Rev. . Tex. 1-W‘-3. art. 3()‘.lil.—Lef:a1 interest. That rate of inter-

est prescribed by the laws of the pal'ticuin|' state or country as the highest which may he lawfully contracted for or exacted, and vihich must he paid in all cases where the law ul-

'i'5: B9115 v. Amador County. .

—Si.mpIe interest is thut wbich is paid for the prim-ipal or sum lent. at a certain rate or silowance. mode by low or agreement of parties.—Gmnpn|i_nd interest is interest upon iI]l.Dl'l‘SL where uccrned interest is adult-rl to the piiuoipnl sum, and the “hole trautcrl as a new principal. [or the calculation of the interest for the next period.

-1-Ix-interest. In the language of stock ex- changes. it bond or other into st—be:ir1'n-g security is said to be sold "ex-interest" when the vendor reserves to himself the interest already d and payable (if any) or the nterest ac- up to the next interest day Interest, maritime. See IVIARITILFE [urn ST.—Interest upon interest. Compound interest.

Interest reipuhlicm ne malefioia remnneant impnnita. It concerns the state that crimes remain not unpuiiished. Jenk. Cent. pp. 30. 31, case 69; Wing. Max. 501.

Interest reipuhliem ne tun qnis male utatur. It concerns the state that persons do not misuse their property. 6 Coke, 3611.

Interest reipnhlicm unorl homines eonserventur. It concerns the state that [the lines of] man be preserved. 12 Cake. 62.

Interest reipnblicze rés judicatas nnn rescindi. It concerns the state that things adjudicated be not rescinded. 2 Inst. 360. It is matter of public concern that solemn ndjiidlc-ilions of the courts should not be disturbed. See Best, Ev. p. 41, I 44.

647

INTERIM

Interest reipuhliea snprema hominnm testninentn rats. hither-i. It concerns the state that men's last Wills be held valid. [or allowed to st.'ind.] Co. Litt 23011.

Interest reipnbliezn ut carceres sint in tutu. It concerns the state that prisons be safe places of confinement. 2 lnst 589.

Interest (iniprirnis) reipllhlicm I11: pa: in regno conservetur. et quzeclmque paci. adverse:-itur provide declinentur. It especially conceins the state tlint pence be preserved in the kingdom, and that wlmtever things are against peace be prudently avoided. 2 Inst. 158.

Interest reipuhlicm nt uuilihet re sun. bene utatur. It is the concern of the state that every one uses bis property properly.

Interest reipnhliea nt sit flnis litium. It concerns the state tli:it there be an end of liiwsiilts. Co. Lilt. 30:}. It is for the general welfare that a period he put to litigation Broom. '\[nX. 331. 3-13.

INTERFERENCE. In patent law. this term desi;;ii.it4.'s .1 uilllslnn bctirceii rights claimed or granted; that ‘L5. Where a person claims a patent for the u hole of any integral part of the ground already ('0\ e1 ed by an ex- isting patent or by a pending :ip[ll --ition. Milton v. Kingsley. 7 App. D. C. 540' De- (lerlck v. Fox (0 C.) 56 Fed. 717: l\':ith:in Mfg. Co. v. Craig (C. C.) 441 Fed. 370.

Strictly speaking, an "intei-fen-ncc" is declaicd to exist by the potent 0|fi(‘e whenever it is decided by the propeily constituted uiitbv.vrity in that bureau that two pending applications (or a parent and a pending npplicutimi), in their claims or essence. cover the s me discovery or liin-iitiun, so as to render uec ry an Investigation into the question of prioritv of invention between the two applications or the zipplicniion and the patent, as the case may be. Lou r4-_v v. Cmvles Electric Smelting, etc., Co (0. G.) US Fed. 372.

INTERIM. Lat. In the mean time;

meanwhile. An assiguee ad intczim is one appointed between the time of bankruptcy and appoinlment of the regular aissigiiee. J 2 Bell, Comm. 355. —Interi:n oommittitur. "In the mean time, let him be committed." An order of court (or the docitet-entry noting it) by which a prisoner is committed to prison and ilii'L=ctcd to be Lent there until some further nation can be taken. or untii the time arrives (oi the execution of his scntenc-e.—Inter curator. In English law. A ‘person appointed by justices of the peace to take care of the property of a felon convict. until the npbnlntmcnr by the cronn of on -administrator or administrators for the same purpose. Mozley & W'hitley.-Interim factor. In Scotch law. A judicial offirer elected or appointed under the bankruptcy law to take chnrge of and preserve the estate until a {it person shall he elected trustee. 2 Beli, mm. 357.- Interim nfiicer.

X

I-

One appointed to fill the offire during a temporary vacancy, or during an

interval caused by the absence or incapacity of the regular incnmbent.—Interim order. One