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Incident

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

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 reversion (1 Hilliard, Real Prop. 243), while the right of alienation is necessarily incident to a feesimple at common law, and cannot be separated by a grant (1 Washb. Real Prop. 54). So a court baron is inseparably incident to a manor, in England.

Kitch. Cts. 36; Co. Litt. 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. See Jacob. INCIDERE (Lat. from in, into or upon, and eadere, to fall). In the civil and old English law. To fall into. Calv. Lex.; Brissonius. To fall out; to happen; to come to pass. Calv. Lex. To fall upon or under; to become subject or liable to. Incidere in legem., to incur the penalty of a law.

Brissonius

Quibua modis quia inddat in asaiaam, in what ways a person may become liable to an assize. Bracton, fols.

170b, 171.

Inddere in miaericordiam, to fall into mercy; to become liable to amercement. Fleta, lib.

2, c. 44, ! 2.

INCIPITUR (Lat.) In practice. This word, which means "it is begrun," signifies the commencement of the entry on Qie roll on sig^ning judgment, etc.