admitted  the  plaiuliff'a  <Ma  befiirB  the  iawnliet
waa  granted,  and  complied  with  ila  terma,oraBk
mitted  to  the  interdict  after  it  waa  ^^"i,  ^
diapute  waa  of  conne  at  ac  end. Thii  ia  nM
alBled  by  Gaiua,  but  tbllowi  of  neceatity  ftom  the
nature  of  the  ea« ;  and  when  he  soea  on  to  «;
"  (hat  when  (he  praelor  ha*  ordered  any  thing  M
be  done  or  brbidden  anything  to  be  dooc,  the
matter  je  not  tben  ended,  but  the  portiet  go  belbre
a  judex  or  rccupemtorea,"  he  mean*  that  tbii  fur-
ther proceeding  take*  place,  if  the  praetor^  luln-
dict  doea  not  aeUle  the  matter. The  whole  fena
of  proceeding  ii  not  clearly  atated  by  aome  modal
writera,  but  UM  folloviDg  u  conuHent  with  Oiiuk
The  complainant  cither  obtained  (he  Intodict
or  he  did  not,  which  would  depend  on  Ihe  oae
that  he  made  oat  before  the  praetor. If  ha  lailed,
of  couree  the  litigation  waa  at  end  ;  and  if  he  ob-
tained the  interdict,  and  the  defendant  e»iiil^«*

an  end. If  the  defendant  aimply  did  Dot  obey  the
termi  of  the  Interdict,  it  would  ba  neeenaiy  b*
the  complainant  again  to  apply  to  the  ftaetor,  in
order  that  thta  bet  might  be  aaccitained,  and  thai
the  plaintiff  might  giio  lull  aaliafactian. If  (he
'  ifendant  wna  diaaaliafied  with  the  Interdict,  h*
igbl  alao  apply  to  the  praetor  fin-  an  inTotipliMi
to  the  facta  of  the  ouc :  bii  allegatitm  might  h*
that  there  watoriRinally  no  ground  for  tbe  Inteidid*
He  might  alao  apply  to  tbe  pmetor  on  Ihe  gnand
that  he  had  HiluJied  the  termi  of  the  Inlodict,
though  the  phiintiff  waa  not  aatiafied,  or  cai  Ihe
ground  thai  be  waa  unable  to  do  more  than  he  bad
In  all  tbeae  caaea,  when  the  piaetor'a  order
lot  terminate  the  diipute,  he  directed  an  v-
qtiiry  by  certain  formulae,  which  were  the  inatrae- '
(ion  of  tbe  judex,  recuperatorea,  or  arbiter. A^
cordingly,  the  proceaa  of  tbe  Interdict  brlangra
to  the  ordo  judicionim  privatorum,  but  the  judi-
cium waa  conalitated  by  the  jwculiar  proceaa  of
the  Interdict. The  inquiry  would  be,  Wheiha
anything  had  been  done  contrary  to  the  Piaeter^
Edict* ;  or. 