Page:Black's Law Dictionary (Second Edition).djvu/619

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INCASTELLARE. 'l‘o make a building serve as a castle. Jacob. INCAUSTUM, or ENCAUSTUM. Ink. Fleta, 1. 2. c. 27. § 5.

Incnute fnctum pro non tacto babetnr. A thing done univarlly (or unadvised- lg) will bo tnken as not done. Dig. 28. 4. 1.

INCENDIARY. A house-burner; one guilty of arson; one who maliciously and willfully sets another person's building on fire.

Incendium name alienn non exuit deb- itareni. Cod. 4, 2, 11. A fire does not release a dehtor from his debt.

INCEPTION. Commencement; opening; initiation. The beginning of the operation of u tontract or Will, or of a note, mortgage. lien. etc.; the beginning of a cause or suit in court Oriental Hotel Co. v. Griffiths. 88 Tex. 57-1. 33 S. W. 652. 30 L. R. A. 705. 53 Am. St. Rep. 790: Sullivan v. Coal 00., 94 Te.\‘. 541. 63 S. W. 307; Marvin v. McCullum. 20 Johns. (N. Y.) 288: State v. Bollero, 112 La. 850. 36 South. 754.

Incex-ts. pro nullis hnbentiu-. Uncertain things are held for nothing Dav. Ir. 1;. B. 33.

Incertn. qnsntitns v-itiat actiim. 1 Rollo R. 465. An uncertain quantity vltiates the act

IN(7z::u. ine l:1Iu.|e U1 sexual Lntercourse or cohabitation between :1 man and woman who are related to each other within the degrees wherein marriage is prohihlted hy law. People v. Stratton, 141 Cal. 60-1. 75 Pac. 166; State v. Herges. 55 Minn. 464. 57 N. W. % Dlnkey v. Coni.. 17 Pa. 1%. 55 Am. Dec. 542; Taylor v. State, 110 Ga. 150. 35 S. E. 161. —!ncestu-ins adultery. The elements of this offtnsc are that defendant, being niniried to one peison. has had sexual intercourse with another related to the defendant within the prohibited decrees. Cook v. State, 11 Ga. 53. 56 Am. Dec. 410—Incest-nous bastardy. Inccstuous hastards are those who are produced by tile illegal connection of two pcrsnns who are rclations

ithin the degrees prohibited by law. Civ. Code

1. art, 183.

INCH. A measure of length. containing one-twelfth part of a foot: originally supposed equal to three herleycorns.

—Incli of candle. A mode of sale at one time in use among merchants. A notice is first given upon the exchange, or other ‘public place. as to the time of sale. The goods to be sold are divided into lots. printed piipers of which, and the conditions of sale, are piilillshed. Wlien the sale takes place. a small piece of cnndle, about an inch long. is kept burning, and the last bidder, when the candle goes out. is entitled to the lot or parcel for which he bids. “'liarton.—Incli of water. The unit for the KDB.lS|ll‘el!J€l1lS of I volume of wnter or of hy-



draiillc power, being the qiiantity of water which. under a given constant head or pri-ssiire, will escape through an orifice one inch square (or a circular orifice haiing a dinrnclor of one inch) in a vertliai plane. Jiickson \iilIi 4 Co. v. Chandos. 82 Wis. -137. 52 N. W. T5! —Miner-’s inch. The quantity of water WlliLll will escape from a ditch or reservoir through an orifice in its side one inch square, the center of the orifice being six inches below the constant level of the water, equivalent to about 1.6 ciihic feet of water per minute. Defined by statute in Colorado as “no inch-sqnnre orifice under ii. iii e- inch pressure, a five-inch pressure being from the top of the orifice of the box put into I-il: banks of the ditch to the suiface of W.-iron" Mills’ Ann. St. Colo. § 4043. See Longniire v gaiéith. 26 Wash. 4159, 67 Pan. 246, 58 L. It. A.

INCHARTARE. To give, or grant, and assure anything by 8, written instniiuent.

INC]-IOATE. Imperfect; unfinished; be- gun. iiut not completed; as 1] contract not executed by all the parties.

—Inchoate instrument. Instruments which the law requires to be re stered or rev.-oideil are

said to be "inchoate" prior to registration. in thiit they nre then good only between the parties and privles and as to persons haiin; uothe.

1'_. b. ’ 80 S. W

W likins v. lllccorkie. 1 87:}-i.—Inehoate interest. estate which is not a prcsc t ilJl.elL" may ripen into a vested estate, if not ha , extinguished, or divested. Itupo v. Hadley, 1 '3 Ind. 416, 16 N. E. 3 Bcvcr v. Noilb. 107 Ind. 5-17, 8 N. E 576; Warford v. 1\ohie (U. U.) 2 Fed. 204.—Inchoate (lower. A wife's interest in the lands of her hushiinil during his life, which may become 8 right of dower upon his death. Giierin v. Moore, 25 Minn. -iii-‘i: Dingmnn v. Dinguian. 39 Ohio St. 175; Smith v. Shaw. 150 Mass. 297. 22 N. E. 924.

INCIDENT. This word, used as a noun, denotes anyLhing which insep'1r-ihly belongs to, or is couneuted with, or inherent in, an- other thing. calied the “pi-liu.ipal." In this sense. a court-baron is incident to a mnnor. Also, less strictly. it denotes z1n_vl:hing which is usually connected with another, or connected for some purposes. though not insep- arahly. Thus, the right of alienation is incl- dent to an estate in fee-siniple, though separniile in equity. Sce Cromwell v. Phipps (Sur.) 1 N. Y. Supp. 278; Mount Carmel Fruit Co. 17. Webster, 140 Cal. 183, '73 Pac. 838.

INCIDIJRE. Lat. In the civil and old] English law. To fall into. Calvin.

To fall out; to happen; to come to pass Celi in.

To fall upon or under; to heconie suiiject or liable to. liwidere in legcm, to incur the K penalty of a law. Brlssonius.

INCILE. Lat. In the civil law. A trench. A place sunk by the side of a stream. so called because it is cut (mciilutur) into or through the stone or eartii. Dig. 43. 21, 1. 5. The term seems to have included ditches (fuasn.-) and wells, (putei)

INCINERATION. Burning to ashes; destruction of a suhstnuce by fire, as, the corpse of a murdered person.