A Dictionary of Law

Lat. In the civil and old glish law. Tofallinto. Caivin. To fall out; to happen; to come to pass. Calvin. To fall upon or under; to become subject orliable to. Incidere in legem, t

Lat. In the civil law. A trench. A placesunk by the side ofa stream, 80 called because it is cut (¢zcidalur) into or through the stone or earth. Dig. 43, 21, i, §. The term sees to

Lat. It is begun; it begins. In old practice, when the pleadings in an action at law, instead of being recited Il at large on the issue-roll, were set out merely hy their commencem

In medical jurisprudence. A cut or incision on a human body; a wound made by a cutting instrument, such as a razor. Burrill, Circ. Ev. 693; Whart. & 8. Med. Jur. § 808.

Irregular; improper; out of the due course of law. Incivile est, nisi tota lege perspecta, ana aliqua particula ejus proposita, judiecare, vel respondere. It is improper, without l

Unfriendliness to the state or government of which one is a citizen.

In old records. A home

Lands which are actually inclosed and surrounded with fences. 7 Mees. & W. 441.

To shut up. “To inclose a jury,” in Scotch practice, is to shut them up in a room by themselves. Bell.

In Englishlaw. Inclosure is the act of freeing land from rights of common, commonable rights, and generally all rights which obstruet cultivation and the productive employment of l

Embraced; comprehended; comprehending the stated limits or extremes. Opposed to “exclusive.”

A proctor or vicar. Ineorporalia bello non adquiruntur. Incorporeal things are nob acquired by war. § Maule & S. 104.

Lat. Inthe civillaw. An inhabitant; a dweller or resident. Properly, one who has transferred his domicile to any country, Incolas domicilium facit. Residence ereates domicile. 1 Jo

The return in money from one’s business, labor, or capital invested; gains, prolit, or private revenue. “Income” means that which comes in or is re csived from any business or inve

A tax on the yearly profits arising from property, professions, trades, and oflices. 2 Steph. Comm. 573. Incommodum non solvit argumentum. An inconvenience does not destroy an argu

In commendation; as a commended living. 1 Bl. Comm. 393. See COMMENDA. A term applied in Louisiana to a limited partnership, answering to the French “en sommandite.” Civil Code La.

In Spanish law. The condition of a prisoner who is not permitted to see or to speak with any person visiting bim during his confinement. A person accused cannot be subjected to thi

Two or more relations, orices, functions, or rights which cannot naturally, or may not legally, exist in or be exercised by the same person at the same time, are said to be incompa

Lack of ability, legal qualification, or fitness to discharge the required duty.. As applied to evidence, tle word “incompetent” means not proper to be received; inadiuissible, as

That which may be disproved or rebutted; not shutting out further proof or consideration. Applied to evideuce and presumptions.

In the civil law. Unadvisedly; unintentionally. Dig. 28, 4, 1.

Want of chastity; indulgence in unlawful carnal connection.

We _ incorporate, Ore of the words by which a corporation may be created in England. 1 BI]. Comm. 473; 3 Steph. Comm 173.

1. To create a corporation; to confer a corporate franchise upon determinate persons. 2. To declare that another document shall be taken as part of the document in whichthe declara

1. The act or process of forming or creating a corporation; the formation of a legal or political body, with the quality of perpetual existence and succession, unless limited by th

Without body; notoft material nature; the opposite of “corporeal,” (q. v)

Anything, the subject of property, which is inheritable and not tangible or visible. 2 Woodd. Lect. 4. A right issuing out of a thing corporate (whether real or personal) or concer

In the civillaw. That which consists in legal riglit merely. The same as choses in action at common law.

A claag of incorporeal rights growing out of or incident to things personal, such as patent-rights and copyrights. 2 Steph, Comm. 72.

A species of rague or offender, described in the statutes 5 Geo. IV. c. 83, and 1 & 2 Vict. c. 38 4 Steph. Comm. 509.

(1) The produce of land; (2) the offspring of animais.

AFFIDAVIT OF. Afidavit of payment of increased costs, produced on taxation.

Increaseor improvement, opposed to decrementum or abate-

An unlawful gaining upon the right or possession of another. See ENCROACHMENT.

In testimony whereof, The initial words of the concluding clause of ancient deeds in Latin, literally translated in the English forms. IN CUSTODiIA LEGIS. Inthe custody or keeping

To impute blame or guilt; to accuse; to involve in guilt or crime,

In the law of evidence. Going or tending to establish guilt; intended to establish guilt; criminative. Burrill, Cire. Ev. 251, 252.

To incumber land is to make it subject to a charge or liability; e.9., by mortgaging it, Incumbrances include not only mortgages and other voluntary charges, but also liens, ites p

Any right to, or interest in, land which may subsist in third persons, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. & N

The holder of an Jncumbrance, e. g.,a mortgaye, on the estate of another.

Men contract debis; they incur liabilities. In the one case, they act aflirmatively; in the other, the liability is incurred or cast upon them by act or operation of law. “Incur” m

The liability to a fine, penalty, or umercement, Cowell.

kat. Thence; thenceforth; thereof; thereupon; for that cause, from having the power te do everything. Dav. Ir. K. B, 36.

Lat. Indebted. Nunquam tndebitaius, never indebted. The tille of the plea substituted in England for nil debvet.

Lat. Being indebted, he promised or undertook. This is the name of that form of theaction of assumpsit in which the declaration alleges z debt or obligation to be due from the defe

Lat. In the civil and Scotch law. A payment of what is not due. Wien made through ignorance or by mistake, the amount paid might be recovered back by an action termed “condictic tn

In the civil law. Not due or owing. (Dig. 12,6.) Calvin.

The state of being in debt, without regard to the ability or inability of the party to pay the same. See 1 Story, Eq. Jur. 343; 2 Hill, Abr. 421. The word implies an absolute or co

An act against good hehavior and a just delicacy. 2 Serg. & R. 91. This is scarcely a technical term of the law, and is net susceptible of exact definition or description in its ju

Exposure to sight of the private parts of the body in a lewd or indecent manner in a public place. It is an indictable offense at common law, and by statute in many of the states.

In old English law. That which is not titheable, or liable to pay tithe. 2 Inst. 490.

That which cannot be defeated, revoked, or made void. This term is usually applied to an estate or right which cannot be defeated. A defendant who makes no defense or plea. Blount.

A failure of issue not merely at the death of the party whose issue are referred to, but at any subsequent period, however remote. 1 Steph. Comm. 562. A failure of issue whenever i

An uncertain or indeterminate number. A number which may be increased or diminished at pleasure.

In Secotch law. Payment without specification. Indefinite payment is where a debtor, owing several debts to one creditor, makes a payment to the creditor, without specifying to whi

In fault. See In PART De Eicro, ete,

Lat. Indemnified. See INDEMNIFY.

To save harmless; to secure against loss or damage; togive security for the reimbursement of a person in case of an anticipated loss falling upon him. AJso tomake good; to compensa

Lat. Without hurt, harm, or damage; harmless.

The person who, in a contract of indemnity, is to be indemnified or protected by the other.

The person who is bound, by an indemnity contract, to indemnify or protect the other.

An indemnity is a collateral contract or assurance, by which one person engages to secure another against an anticipated loss, or to prevent him from being damnified by the legal c

An agreement between two parties, whereby the one party, the indemnitor, either agrees to indemnify and save harmless the other party, the indemnitee, from loss or damage, or binds

The old form of writing tndemnis. LTownsh. Pl. 19. So, indempni- Jicatus for indemityicatus.

The act of making a denizen, or of naturalizing.

mz. In Americanlaw. <A certificate or indented certificate issued by the government of the United States at the close of the Revolution, for the principal or interest of the public

v. To cut in a serrated or waving line. In old conveyancing, if a deed was made by more parties than one, it was usual to make as many copies of it as there were parties, and each

The state or condition of being free from dependence, subjec- _ tion, or control. Volitical independence is the attribute of a nation or state whieh is entirely autonomous, and not

hat which is uncertain, or not particularly designated; as if Isell you one hundred bushels of wheat, without stating what wheat. 1 Bouv. Inst. no. 950,

A book containing references, alphabetically arranged, to the contents of a series or collection of volumes; or an addition to asingle volume or set of volumes containing such refe

This term does not necessarily import territory owned and occupied by Indians, but it means all those portions of the United States designated by this name in the legislation of co

The aboriginal inhabitante of North America.

A separate and distinct community or body of the aboriginal Indian race of men found in the United States.

In the civil law. Toshow or discover. ‘To fix or tell the price of a thing. Calvin. To inform against; to accuse.

An abolished writ by which @ prosecution was in some cases removed from a court-christian to the queen’s bench. Enc. Lond.

In the law of evidence, A sign or token; a fact pointing to some inference or conclusion. Burrill, Cire. Ev. 251, 252, 263, 27.

This is not evidence properly so cailed, but the mere suggestion of evidence proper, which may possibly be procured if the suggestion is followed up. Brown.

In English practice. A writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual court by the clerk of another patron, for tithes amounting to a

Signs; indications. Cireumstances which point to the existence of a given fact as probable, but not certain. For example, “indicia of partnership” are any circumstances which would

In the civil law. <A sign or mark. A species of proof, answering very nearly to the circumstantiul evidence of the common law. Best, Pres. p. 18, § 11, note; Wills, Circ. Ey. 34,

Proper or necessary to be prosecuted by process of indictment.

Charged in an indictment with a criminal offense. See INDICTMENT.

A person indicted.

In olf public law. A declaration; a proclamation. IJndictio belli, a declaration or indiction of war. An indictment.

An indictment is an accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein nam

He who causes another to

Impartial; unbiased; disinterested.

Inthecivil law. Building on another’s land with one’s own materials, or on one’s own land with another’s materials.

In old English law. A Subject bor; one born within the realm, or naturalized by act of parliament. Co. Litt, 8a. The opposite of “alienivena,” (g. 0.)

The subject of litigation;

Forthwith; without delay,

L. Fr. In old English law. A person indicted. Mirr. c. 1, § 3; 9 Coke, pref.

Lat. In the civil law. That cannot be divided. Calvin.

Not susceptible of division or apportionment; inseparable; entire. Thus, a contract, covenant, consideration, etc., may be divisible or indivisible; ¢. e., separable or entire.

That which two or more persons hold in common without partition; undivided.

In demesne. Jn do. minico suo ut de feodo, in his demesne as of fee.

In old Seotch law. Indorsed. 2 Pite. Crim. Tr. 41.

To write a name on the back of a paper or document. Bills of exchange and promissory notes are indorsed by a party's writing his name on the back. 7 Pick. 117. “Indorse” is a techn

The person to whom a bill of exchange, promissory note, bill of lading, etc., is assigned by indorsement, giving him a right to sue thereon.

He who indorses; i. e., being the payee or holder, writes his name on the back of a bill of exchange, etc.