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INJUNCTION

Volume 12 · 321 words · 1860 Edition

in Law, is a prohibitory writ forbidding certain acts to be done, and is in the nature of an interdictum in the civil law. The usual objects of such writ are to stay or restrain proceedings at law, to prevent the infringement of copyright or of a patent, from committing waste by felling timber, or ploughing ancient pastures, from pulling down buildings, or obstructing ancient lights. This writ may be obtained at any stage of a cause, according to circumstances, and even immediately on a suit being instituted, without notice to the other side, upon sufficient reason being shown by affidavit. Formerly common injunctions were obtainable to stay proceedings at law, but by the 15th and 16th Vict., c. 86, § 58, the practice is an application for special injunctions. And now, by the new Common Law Procedure Act, 1854, sect. 79, in all cases of breach of contract, or other injury, a writ of injunction may be obtained at law against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind arising out of the same contract, or relating to the same property or right. This remedy at law may be claimed in the same action in which damages for the injury are sought to be recovered. Injunction is a proceeding very like what is known in Scotland under the name of Interdict, or Interim Interdict, which is just an order of court pronounced, on cause shown, for stopping any proceedings complained of as illegal. The party asking such a measure must set forth both a title and an interest to obtain it. Sometimes the circumstances under which it is sought are so urgent that it is given at once on the peril of the party asking it, leaving the question of right to be afterwards determined. It is then called an interim interdict.