injunction
(ɪnˈdʒʌŋkʃən)
[ad. late L. injunctiōn-em, n. of action f. injungĕre to enjoin: cf. F. injonction (1348 in Hatz.-Darm.).]
1. The action of enjoining or authoritatively directing; an authoritative or emphatic admonition or order.
| 1526 Pilgr. Perf. (W. de W. 1531) 92 Theyr commaundementes, statutes, rules, iniunccyons, or other lawes. 1575–85 Abp. Sandys Serm. (Parker Soc.) 238 The prince did his duty, and the priests theirs; he by injunction, and they by execution. 1596 Shakes. Merch. V. ii. ix. 17, Ar. I am enioynd by oath to obserue three things... Por. To these iniunctions euery one doth sweare That comes to hazard for my worthlesse selfe. 1665 Boyle Occas. Refl. iv. xi. (1848) 233 We readily obey the Injunctions of Lawyers and Physitians, as long as we think them Prudently fram'd for our good. 1667 Milton P.L. x. 13 The high Injunction not to taste that Fruit. 1766 Goldsm. Vic. W. x, My wife always let them have a guinea each, but with strict injunctions never to change it. 1791 Boswell Johnson an. 1744 note, The Emphasis should be equally upon shalt and not, as both concur to form the negative injunction. 1849 Macaulay Hist. Eng. vi. II. 153 In spite of all injunctions of secrecy, the news..had spread fast. 1898 F. Montgomery Tony 19 Forgetful of his Mother's parting injunctions. |
2. Law. A judicial process by which one who is threatening to invade or has invaded the legal or equitable rights of another is restrained from commencing or continuing such wrongful act, or is commanded to restore matters to the position in which they stood previously to his action.
Injunctions were formerly obtained by writ, but now by a judgement or order. They were originally granted only by the Court of Chancery: commonly, to stay one party to an action from continuing that action, if there was an equitable, though not a legal defence thereto. By the Judicature Act of 1873, all divisions of the High Court received full power to grant injunctions. According to their purpose, injunctions are either restrictive (restraining) or mandatory; as to their force, they are either interlocutory (provisional, temporary, ad interim), or perpetual (permanent). (In Sc. Law, the equivalent of a restrictive injunction is an interdict.)
| 1533–4 Act 25 Hen. VIII, c. 21 §17 Your highnes..shall haue power..to sende your writte of Iniunction, vnder your great seale, out of your sayde courte of Chauncerie. 1649 Fuller Just Man's Fun. 16 He may with an Injunction, out of the Chancery stop their proceedings. 1750 Johnson Rambler No. 35 ¶13 She is always contriving some improvements of her jointure land, and once tried to procure an injunction to hinder me from felling timber upon it for repairs. 1768 Blackstone Comm. (1825) III. 442. 1818 Cruise Digest (ed. 2) II. 256 Special circumstances may arise, which will..induce the Court of Chancery to grant an injunction to stay the proceedings at law. 1883 Lely Wharton's Law Lex. (ed. 7) 411/1 By s. 24, subs. (5), of the Judicature Act, 1873, it is enacted that no proceeding in the High Court of Justice, or before the Court of Appeal, shall be restrained by injunction. 1888 Ld. Lindley in Law Rep. 31 Ch. Div. 369 The very first principle of injunction law is that you do not obtain injunctions for actionable wrongs for which damages are the proper remedy. |
| fig. a 1619 Daniel To Sir T. Egerton (R.), Therefore dost thou..by thy provident injunctions stay This never⁓ending altercation. |
† 3. Conjunction, union. Obs. rare—1.
| 1643 Milton Divorce ii. ix, It can be but a sorry and ignoble society of life, whose inseparable injunction depends meerly upon flesh and bones. |