or if they refuse to act, the law authorizes even a stranger to make the application.

The mode of proceeding is by a petition addressed to the court, in which the reasons which render the interdiction necessary are specifically and explicitly set forth. It is not sufficient to allege in vague and general terms that the party is rendered incapable of administering his estate by mental or physical maladies; but their nature, character, and symptoms must be stated with such legal accuracy as to give the party or his representative notice of the real state of facts on which the application is based. A copy of this petition is communicated to the person sought to be interdicted; and if he fails to employ counsel the court appoints one to assist in the defence of the action. After the contestatio litis has been formed by the answer of the defendant and his counsel, a careful investigation of the condition of the party is entered upon.

No decree of interdiction can be rendered unless it be conclusively proved that the party is subject to an habitual state of idiocy, madness, insanity, or bodily infirmities to such a degree as to disable him from administering his estate; but the mere fact that the person laboring under mental aberration has lucid intervals is no objection to the interdiction.

With regard to the nature of the evidence, it consists chiefly in the report, under oath, of physicians who are appointed to examine into the condition of the party, his answers to such interrogatories as the judge propounds to him, and of his recent acts and conduct. Courts act with great caution and circumspection in applications for interdiction, and will never render the decree unless it clearly appears to be absolutely necessary that it should be done for the protection of the interest of the party to be interdicted.

During the pendency of the proceedings, the court will appoint a provisional administrator if, in its discretion, such an appointment is deemed necessary.

The powers vested in the curator are administrative only: he has no power of alienation whatever. Whenever there is a necessity for the sale of any part of the property, an application must be made to the court, and, if the reasons alleged are considered sufficient, the sale is ordered to be made at public auction, and a return thereof made to the court. Nor is the curator permitted to mix the funds belonging to the interdicted person with his own, but he is compelled to keep them separate and distinct, under severe penalties.

The decree of interdiction has a retroactive operation, or relation back to the date of the application.

From that period the party ceases to be sui juris, and becomes alieni juris: consequently, all legal transactions he may enter into are null and void, and no evidence is admissible to show that the acts were done during a lucid interval. The incapacity thus created can only be removed by a formal judgment, rendered by the same court, revoking the interdiction. In order to obtain this revocation, it must be alleged and proved that the cause for the interdiction has ceased.

It is made the duty of the curator to publish the decree of interdiction in the newspapers; and if he should neglect to do so he is liable in damages to those who may contract with the interdicted person in ignorance of his incapacity.

During the continuance of the interdiction the law expresses the most tender solicitude for the care and protection of the interdicted person, and directs every possible step to be taken for the alleviation of his sufferings and the cure of his disease. His revenues are all to be applied for the attainment of these ends. A superintendent is appointed, whose duty it is to visit the sufferer from time to time and make a report of his condition to the court. Besides, the judge of the court is bound to visit him. Nor can he be taken out of the state, except on the recommendation of a family meeting, based on the certificate of at least two physicians, that they consider his removal necessary for the restoration of his health.

The foregoing rules on the subject of interdiction, found in the law of Louisiana, are substantially the same in all the modern codes having the civil law for their basis.

Immediately after the interdiction has been decreed, the court proceeds to appoint a curator or permanent administrator to take care of the person and to administer the estate of the interdicted party. In the appointment of the curator, the nearest male relation is entitled to the preference, and is compelled to accept the trust, unless he offers a legal When the wife is interdicted, the interest in the term. The demise of a term INTERESSE TERMINI (Lat.). An husband is entitled to the curatorship; but a in land does not vest any estate in the lessee, curator ad litem is appointed to act for her in but gives him a mere right or entry on the suits where her interest comes in conflict with that of the husband. The wife has also the land, which right is called his interest in the See Co. Litt. 46; right of claiming the curatorship of her hus-term, or interesse termini.

excuse.

INTEREST (Lat. it concerns; it is of advantage).

band who has been interdicted. Neither the 2 Bla. Com. 144; 10 Viner, Abr. 348; husband nor the wife is required to give Washb. R. P. Index. Dane, Abr. Index; Watk. Conv. 15; 1 security; but a tacit mortgage exists on their property to secure the faithful execution of the trust. A judicial inventory is taken of all the property belonging to the interdicted person, which must be homologated and approved by the court, and forms a part of the record of the proceedings.

In Contracts. The right of property which a man has in a thing. See INSURABLE INTErest.

821

circumstances, which may be recovered in action; 6 Binn. 159; but no distress can be made for such interest; 2 Binn. 246. Interest cannot, however, be recovered for arrears of rent payable in wheat; 1 Johns. 276. See 2 Call, 249, 253; 3 Hen. & M. 463; 4 id. 470; 5 Munf. 21.

On legacies. On specific legacies interest is to be calculated from the date of the death of testator; 2 Ves. Sen. 563; 5 W. & S. 30; 3 Munf. 10.

Ves. 546; 12 id. 3; 15 id. 301; 1 Cox, Ch. 133; are, therefore, not entitled to interest by way of maintenance. Nor is a legitimate child entitled to such interest if he have a maintenance, although it may be less than the amount of the interest of the legacy; 1 Sch. & L. 5; 3 Ves. 17. But see 4 Johns. Ch. 103; 2 Roper, Leg. 202.

Where an intention, though not expressed, is fairly inferable from the will, interest will be allowed; 1 Swanst. 561, n.

Interest is not allowed for maintenance, although given by immediate bequest for maintenance, if the parent of the legatee, who is under moral obligation to provide for him, be of sufficient ability: so that the interest will accumulate for the child's benefit until the principal becomes payable; 3 Atk. 399; 1 Brown, Ch. 386; 3 id. 60, 416. But to this rule there are some exceptions; 3 Ves. 730; 4 Brown, Ch. 223; 4 Madd. 275, 289; 4 Ves. 498.

Where a fund, particular or residuary, is given upon a contingency, the intermediate interest undisposed of-that is to say, the intermediate interest between the testator's death, if there be no previous legatee for life, or, if there be, between the death of the previous taker and the happening of the contingency-will sink into the residue for the benefit of the next of kin, or executor of the testator, if not bequeathed by him; but if not disposed of, for the benefit of his residuary legatee; 1 Brown, Ch. 57; 4 id. 114; 2 Atk. 329.

A general legacy, when the time of payment is not named by the testator, is not payable till the end of one year after testator's death, at which time the interest commences to run; 1 Ves. 508, 366; 13 id. 333; 1 Sch. & L. 10; 5 Binn. 475; 3 V. & B. 183. But where only the interest is given, no payment will be due till the end of the second year, when the interest will begin to run; 7 Ves. 89. Where a general legacy is given, and the time of payment is named by the testator, interest is not allowed before the arrival of the appointed period of payment, and that notwithstanding the legacies are vested; Prec. in Ch. 337. But when that period arrives the legatee will be entitled although the legacy be charged upon a dry reversion; 2 Atk. 108. See, also, 3 Atk. 101; 3 Ves. 10; 4 id. 1; 4 Brown, Ch. 149, n.; 1 Cox, Ch. 133. When a legacy is given payable at a future day with interest, and the legatee dies before it becomes payable, the arrears of the interest up to the time of his death must be paid to his personal representatives; McClel. 141. And a bequest of a sum to be paid annually for life bears Where a legacy is given by immediate beinterest from the death of testator; 5 Binn. 475. quest, whether such legacy be particular or Where the legatee is a child of the testator, residuary, and there is a condition to divest or one towards whom he has placed himself in it upon the death of the lagatee under twentyloco parentis, the legacy bears interest from one, or upon the happening of some other the testator's death, whether it be particular event, with a limitation over, and the legatee or residuary, vested but payable at a future dies before twenty-one, or before such other time, or contingent if the child have no main-event happens, which nevertheless does take tenance. In that case the court will do what in common presumption the father would have done,-provide necessaries for the child; 2 P. Wms. 31; 3 Ves. 13, 287; Bacon, Abr. Legacies (K 3); Fonbl. Eq. 431, n. j; 1 Eq. Cas. Abr. 301, pl. 3; 3 Atk. 432; 1 Dick. Ch. 310; 2 Brown, Ch. 59; 2 Rand. 409. In case of a child in ventre sa mère at the time of the father's decease, interest is allowed only from its birth; 2 Cox, Ch. 425. Where maintenance or interest is given by the will, and the rate specified, the legatee will not, in general, be entitled to claim more than the maintenance or rate specified; 3 Atk. 697, 716; 3 Ves. 286, n. And see, further, as to interest in cases of legacies to children; 15 Ves. 363; 1 Brown, Ch. 267; 4 Madd. 275; 1 Swanst. 553; 1 P. Wms. 783; 1 Vern. 251; 3 V. & B. 183.

Interest is not allowed by way of maintenance to any other person than the legitimate children of the testator; 3 Ves. 10; 4 id. 1; unless the testator has put himself in loco parentis; 1 Sch. & L. 5, 6. A wife; 15 Ves. 301; a niece; 3 Ves. 10; a grandchild; 6

place, yet, as the legacy was payable at the end of the year after the testator's death, the legatee's representatives, and not the legatee over, will be entitled to the interest which accrued during the legatee's life, until the happening of the event which was to divest the legacy; 1 P. Wms. 500; 2 id. 504; Ambl. 448; 5 Ves. 335, 522.

Where a residue is given, so as to be vested but not payable at the end of the year from the testator's death, but upon the legatee's attaining twenty-one, or upon any other contingency, and with a bequest over divesting the legacy, upon the legatee's dying under age, or upon the happening of the contingency, then the legatee's representatives in the former case, and the legatee himself in the latter, shall be entitled to the interest that became due during the legatee's life or until the happening of the contingency; 2 P. Wms. 419; 1 Brown, Ch. 81, 335; 3 Mer. 335.

Where a residue of personal estate is given, generally, to one for life with remainder over, and no mention is made by the testator re

Whenever the law prohibits the payment of the principal, interest during the prohibition is not demandable; 2 Dall. 102; 1 Pet. C. C. 524; 2 Dall. 132; 4 id. 286.

If the plaintiff has accepted the principal, he cannot recover the interest in a separate action; 1 Esp. 110; 3 Johns. 229. See 14 Wend. 116.

ing the bond to be rated beyond the penalty; 5 Ves. 329. See Viner, Abr. Interest (C 5). As to the allowance of foreign interest. The rate of interest of the place of performance is to be allowed, where such place is specified; 10 Wheat. 367; 4 Pet. 111; 20 Johns. 102; 8 Pick. 194; 3 N. Y. 266; 12 La. An. 815; 1 B. Monr. 29; 2 W. & S. 327; 23 Vt. 286; 21 Ga. 135; 22 Tex. 108; 7 Ired. 424; 5 C. & F. 1-12; otherwise, of the place of making the contract; 11 Ves. 314; 2 Vern. 395; 1 Wash. C. C. 521; 2 id. 253; 4 id. 296; 3 Wheat. 101; 12 Mass.lowed. Notes not exceeding one dollar bear 4; 1 J. J. Marsh. 406; 5 Ired. 590; 17 Johns. 511; 25 N. H. 474; 1 Ala. 387; 13 La. 91; 25 H. & J. 193; 3 Conn. 253; 5 Tex. 87, 262. But the rate of interest of either place may be reserved; and this provision will govern, if an honest transaction and not a cover for usury; 2 Penn. 85; 14 Vt. 33; 20 Mart. La. 1; 2 Johns. Cas. 355; 10 Wheat. 367.

The rate of interest allowable has been fixed in the various states and territories of the United States, by statutory enactments, as follows:Alabama. Eight per centum per annum is alinterest at the rate of one hundred per centum per annum. Contracts for more than the legal rate are void only as to the interest; and the taking of usury does not affect the principal sum; Code, § 2088.

Arizona. Parties may agree in writing for any rate, and where there is no express agreeat the rate of ten per cent. per annum on all ment fixing a different rate, interest is allowed moneys after they become due, on any boud, bill, promissory note, or other instrument in writing, on judgment of any court for the settleascertained, and for money received for the use ment of accounts, from the day the balance was of another.

How computed. In casting interest on notes, bonds, etc. upon which partial payments have been made, every payment is to be first applied to keep down the interest; but the interest is never allowed to form a part of the principal so as to carry interest; 2 Wash. C. C. 167: 1 Halst. 408; 2 Hayw. 17; 17 Mass. 417; 1 Dall. 378; 14 Conn. 445. When a partial payment exceeds the amount of iterest due when it is made, it is correct to compute the interest to the time of the first payment, add it to the principal, sub-rate; C. C. § 1916 et seq. tract the payment, cast interest on the remainder to the time of the second payment, add it to the remainder, and subtract the second payment, and in like manner from one payment to another, until the time of judgment; 1 Pick. 194; 4 Hen. & M. 431; 8 S. & R. 458; 2 Wash. C. C. 167. See 3 id. 350, 396; 3 Cow. 86.

Arkansas. Six per centum per annum is the legal rate of interest; but the parties may agree in writing for the payment of interest not exceeding ten per centum per annum. Contracts where a greater amount is reserved are declared to be void, both as to principal and interest; Const. 1874, art. xix. § 13.

The same rule applies to judgments; 2 N. H. 169; 8 S. & R. 452.

Where a partial payment is made before the debt is due, it cannot be apportioned part to the debt and part to the interest. As, if there be a bond for one hundred dollars, payable in one year, and at the expiration of six months fifty dollars be paid in, this payment shall not be apportioned part to the principal and part to the interest, but at the end of the year interest shall be charged on the whole sum, and the obligor shall receive credit for the interest of fifty dollars for six months; 1 Dall. 124.

When interest will be barred. When the money due is tendered to the person entitled to it, and he refused to receive it, the interest ceases; 3 Campb. 296. See 8 East, 168;

3 Binn. 295.

Where the plaintiff was absent in foreign parts beyond seas, evidence of that fact may be given in evidence to the jury on the plea of payment, in order to extinguish the interest during such absence; 1 Call, 133; 3 M'Cord, 340; 1 Root, 178. But see 9 S. & R. 263.

California. Seven per centum per annum is the legal rate; but parties may agree for any

Colorado. Ten per centum per annum is the legal rate; but any other rate may be agreed on. settlement of an account, from day of liquidaThere are no usury laws. On money due on tion; on money received for use of another and retained without the owner's knowledge, and on money withheld by an unreasonable and vexatious delay; also, on judgments and county orders, after presenting and registering; state Warrants after registering; eight per cent. per

annum.

Connecticut. Six per centum per annum is the amount allowed by law. The penalty for usury was forfeiture of interest taken in excess of the legal rate to any one suing within a year, but and, probably no one else can; Public Acts the borrower cannot now sustain such an action,

1877.

Dakota. The legal rate is six per centum per annum; but parties may contract for a higher rate, not to exceed twelve per cent. A person taking, receiving, retaining, or contracting for any higher rate forfeits all the interest so taken, received, retained, or contracted for. Interest

on open accounts commences from time of last item charged either debit or credit. Interest is payable in judgments recovered in the courts at the rate of seven per cent.; C. C. §§ 1097-1101.

Delaware. The legal rate is six per centum per annum. The person taking more than the legal rate shall forfeit a sum equal to the money lent, one-half to any person suing for the same, and one-half to the state. Rev. Code, c. 63, §§ 1-3.

District of Columbia. On judgments or decrees, and loan or forbearance money, goods, or things in action, where a different rate is not specified, six per cent. per annum is the legal rate. Parties may stipulate in writing for rate of ten per cent. per annum or less. Agreement