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Incident

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

This term is used both substantively and adjectively of a thing which, either usually or naturally and inseparably depends upon, appertains to, or follows another that is more worthy. For example, rent is usually incident to a reveivsion. 1 Hill. R. P. 243; while the right of alienation is necessarily incident to a fee-simple at common law, and cannot be separated by a grant; 1 Wasbb. R. P..54. So a court baron is inseparably incident to a manor, in England; Co. Lltt 151. All nominate contracts and all estates known to common law, have certain incidents which they draw with them and which it is not necessary to reserve in words. So the costs- Incurred in a legal proceeding are said to be incidental thereto. See Jacob, Law Diet. INCIPITUR (Lat. it Is begun). The commencement of the entry on the roll on signing judgment, etc. The custom is no longer necessflry in England, and was unknown here.

But see 3 Steph. Com. 5(56, n.