Black's Law Dictionary

Mutually repugnant or contradictory; contrary, the one to the other, so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment

In his sight or view. 12 Mod. 95.

In customs, not length of time. but solidity of reason, is to be considered. Co. Litt. 141a. The antiquity of a custom is to be less regarded than its reasonableness.

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

Want of chastity; indulgence in uniawful carnal connection. Lucas v. Nichols, 52 N. C. 35; Sinte v. Hewlin, 128 N. C. 571, 37 S. E. 952.

Immediately; without any interval or intermission. Calvin. Sometimes written as one word "incontinenti."

Co. Litt. 112. In contracts, the interpretation is to be liberal; in wills, more liberal; in restitutions, most liberal.

In contracte, the truth of the matter ought to be regarded rather than the writing. Cod. 4, 22, 1.

In contracts, matters of chstom and usage are tacitly implied. A contract is understood to contain the customary clauses, although they are not expressed. Story, Bills, § 148; 3 Ke

In the contract of sale, an ambiguous agreement is to be interpreted against the seller. Dig. 50, 17, 172. See Id. 18, 1, 21.

In the rule that statutes should be se construed as to avoid "inconvenience," this means, as applied to the public, the sacrifice or jcoparding of important public interests or ham

In agreements, the intention of the contracting parties, rather than the words used, should be regarded. Broom, Max. 551; Jackson v. Wilkinson, 17 Johns. (N. Y.) 150.

Incorporeal things are not acquired by war. 6 Maule & S. 104.

We incorporate. One of the words by which a corporation may be created in England. 1 Bl. Conun. 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 which the decla

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

In body or substance; in a material thing or object.

Without body; not of material nature; the opposite of "corporeal," (q. v.) —Incorporeal chattels. A class of incorporeal rights growing out of or incident to things personal; such

A class of incorporeal rights growing out of or incident to things personal; such as patent-rights and copyrights. 2 Steph. Comm. 72. See Boreel v. New York, 2 Sandf. (N. Y.) 559.

See Hereditaments.

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

In the civil law. Things which can neither be seen nor touched, such as consist in rights only, such as the mind alone can perceive. Inst. 2, 2; Civ. Code La. 1900, art. 460; Sulli

A species of rogue or offender, described in the statutes 5 GcoIV. c. 83, and 1 & 2 Viet c. 38. 4 Steph. Comm. 309.

On the morrow. In crastino Animarum, on the morrow of All Souls 1 Bl. Comm. 342.

(1) The produce of land; (2) the offspring of animals. —Increase, affidavit of. Affidavit of payment of increased costs, produced on taxation. —Increase, costs of. In English law.

Affidavit of payment of increased costs, produced on taxation.

In English law. It was formerly a practice with the jury to award to the successful party in an action the nominal sum of 40s. only for his costs; and the court assessed, by their

Lat. Increase or improvement, opposed to deorementum or abatement.

In criminal cases, the proofs ought to be clearer than light. 3 Inst. 210.

In criminal matters or cases, a general malice of Intention is sufficient, [lf united] with an act of equal or corresponding degree. Bac. Max. p. 65, reg. 15; Broom, Max. 823.

In criminal acts, the wlll wlll be taken for the deed. 3 Inst 106.

To charge with crime; to expose to an accusation or charge of crime; to involve oneself or another in a criminal prosecution or the danger thereof; as, in the rule that a witness i

A fact or circumstance, collateral to the fact of the commission of a crime, which tends to show either that such a crime bas been committed or that some particniar person committe

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.

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, Circ. Ev. 251, 252.

A person who is in present possession of an office; one who is legally authorized to discharge the duties of an office. State v. McColiister, 11 Ohio, 50; State v. Blakemore, 104 M

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

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

The holder of an incumbrance, e. g., a mortgage, on the estate of another. De Voe v. Rundle, 33 Wash. 604, 74 Pac. 836; Shaeffer v. Weed, 8 111. 514; Newhali v. Insurance Co., 52 M

See Covenant

Men contract debts; they incur liabilities. In the one case, they act affirmatively ; in the other, the liability is incurred or cast upon them by act or operation of law. "Incur"

L. Lat The lla-bility to a fine, penalty or amercement. Cow.ell.

In the custody or keeping of the law. 2 Steph. Comm. 74.

Lat. Thence; thenceforth; thereof; thereupon; for that cause.

Lat Indebted. Nunquam indebitatus, never Indebted. The title of the plea substituted in England for nil debet. —Indebitatus assumpsit. Lat. Being indebted, he promised or undertook

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

Lat. In the civll and Scotch law. A payment of what is not due. When made through ignorance or by mistake, the amount paid might be recovered back by an action termed "conditio ind

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. Jut. 343; 2 Hill, Abr. 421. The word implies an absolute or co

An act against good behavior and a just delicacy. Timmons v. U. 5., 85 Fed. 205, 30 C. C. A. 74; McJunkins v. Sinte, 10 Ind. 144; Ardery v. State, 56 Ind. 328. This is scarcely a t

The same as exposure of the person, in the sense above defined. State v. Bauguess, 106 Iowa, 107, 76 N. W. 508.

In the statutory offense of "taking indecent liberties with the person of a female child," this phrase means such liberties as the common sense of society would regard as indecent

Such as are offensive to modesty and delicacy ; obscene; lewd ; tending to the corruption of morals. Dunlop v. U. 5., 1661 U. S. 486, 17 Sun. Ct. 375. 41 L. Ed. 799; U. S. v. Britt

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

Laws are made to prevent the stronger from having the power to do everything. Dav. Ir. K. B. 36.

That which cannot be defeated, revoked or made void. This term is usually applied to an estate or right which cannot be defeated.

Lat. In old English practice. Undefended; undented by pleading. A defendant who, makes no defense or pica. 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

One which passes property by a general or collective term, without enumeration of number or quantity; as, a bequest of "ali" the testator's "goods," or his "bank stock." Lown. Leg.

In Scotch 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 whic

The undefined is equivalent to the whole. 1 Vent. 368

The undefined or general supplies the place of the whole. Branch, Princ.

In fault. See In Pari Delicto, etc.

Lat Indemnified. See Indemnify.

To save harmless; to secure against loss or damage; to give security for the reimbursement of a person in case of an anticipated loss falling upon him. Also to make good; to compen

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 ls bound, by an indemnity contract, to indemnity 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 co

A band for the payment of a penal sum conditioned to be void if the obligor shall indemnify and save harmless the obligee against some anticipated loss or liability .

A contract between two parties whereby the one undertakes and agrees to indemnify the other against loss or damage arising from some contemplated act on the part of the indemnitor,

Lands granted to railroads, in aid of their construction, being portions of the public domain, to be selected in lieu of other parcels embraced within the original grant, but which

The old form of writing indemnis. Townsh. Pi. 19. So, indempni-ficatus for indemniflcatus.

The act of making a denizen or of naturalizing.

n. In American law. 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

A deed to which two or more persons are parties, and in which these enter into reciprocal and corresponding grants or obligations towards each other; whereas a deed-poll is properl

A contract in two parts, by which a person, generally a minor, is bound to serve another in his trade, art, or occupation for a stated time, on condition of being instructed in the

The state or condition of being free from dependence, subjection or control. Political independence is the attribute of a nation or slate which is entirely autonomous, and not subj

Not dependent; not subject to control, restriction, modification or limitation from a given outside source. —Independent contract. See Contract. — Independent contractor. In the la

See Contract.

In the law of agency and of master and servant, an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own met

See Covenant.

The voyage insured is an independent or distinct thing from the voyage of the ship. 3 Kent, Comm. 318, note.

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

A form of sentence to imprisonment upon conviction of crime, now authorized by stafute in several states, which, instead of fixing rigidly the duration of the imprisonment, declare

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

Language is the exponent of the intention. The language of a statute or instrument is the best guide to the intention. Broom, Max. 622.

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 inhabitants of North America. Frazee v. Spokane County, 29 Wash. 278, 69 Pac. 782. —Indian country. This term does not necessarily import territory owned and occupie

A separate and distinct community or body of the aboriginal Indian race of men found in the United States. Montoya v. U. S., 180 U. S. 261 , 21 Sup. Ct. 358, 45 L. Ed. 521; Cheroke

Lat. In the civll law. To show or discover. To fix or tell the price of a thing. Calvin. To inform against; to accuse.

An abolished writ by which a 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, Circ. Ev. 251, 252, 263, 275.

This is not evidence properly so called, 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. Circumstances 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 circumstantial evidence of the common law. Best, Pres. p. 13, § 11, note; Wllls, Circ. Ev. 34.

See Indictment.