Page:Black's Law Dictionary (Second Edition).djvu/620

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INCIPITUR (312

INCIPITUR. Lat. It is begun; it be- gins. ln old practice, when the piendings in an action at law, instead of being recited nt iarge on the issue-roil, were set out mcreiy by their eommencenients, this ‘was described as entering the mcipilur; i. 6., the begin- iiing.

INCISED WOUND. In medical jurispru- dence. A cut or incision on a human body; ii wound made by a cutting instrument, Such as a razor. Burriil. Circ. Ev. G93; Whart. 6; S. Med. Jur. 5 808.

INCITE. To arouse; stir up; instigate; set in motion; us, to “incite" a riot. Also, generally, in criminal law to instigate, persuade, or move another to commit h crime; in this sense neariy synonymous with "zihet." see Lung v. State, 23 1\'eb. :33, 36 N. W. 310.

INCIVILE. Lat. Irregular; improper; out of the due course of law.

Ineivile est, nisi totn legs perlpeotn, uni: aliqua particuln ejns pr-oposita, ju- d.iea.re, wel responder-e. It is improper, \ul'.hout ioolaing at the whole of a liiw, to give Judgment or advice, upon :1 view of any one clause of it. Dig. 1, 3, 24.

Ineiwile 951:, I115! tutu Iententia inspects, file aliqun pnrte judieare. It is irregular, or legally improper, to pass an opinion upon any part of a sentence, without examming the whole. Hob. 171a.

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

INCLAUSA. In old records. A home close or iiiciosure ne.ir the house. Paroch. Antiq. 31; Cowell.

INCLOSE. To shut up. “To inclose :1 Jury," in Scotch practice, is to shut them up in a room by themselves. Bell. See Union 1'ac. Ry. Co. v. Harris, 28 Kim. 210; Oomp- beli v. Gilbert, 57 Ala. 569.

INCLOSED LANDS. Lands which are actually inclosed and surrounded with fences. Tapseli v. Crosskey. 7 Mees. & W. -146; Kim- haii v. Carter, 95 Va. 77, 27 s. E. 82.5, 38 L. It. A. 570; Diuiieis v. State, 91 Ga. 1, 16

S. E. 97. See liaynie v. State (Tex. Or. App.) 75 S. W. 25 INCLOSURE. In English law. Inclos-

ure is the act of freeing land from rights of common, eommonabie rights, and generiiily ali rights which obstruct cultivation and the productive employment of iahor on the soil.

Also, an artificial fence around one‘s estate. Porter v. Aldrich, 39 Vt. 830: Tayior v. Weibey, 36 Wis. 44. See CLosn.

Inclunio nniun est exclriuio alter-his. The Inclusion of one is the exclusion of an-

INCOMMUTABLE

other. The certain designation of one person is an absolute exclusion of all others. 11 Coke, 581).

INCLUSIVE. Embraced; comprehended; comprehending the stated iimits or extremes. Opposed to "exclusive." —Ine1nsive survey. In iiind law, one which includes within its l)0|ll1dJl'lI,S prior cimuis ex- cepted froin the computation of Iht‘ urea \\iLhin such boundaries and excepted in the grant Elf-klon v. iuoiris, 39 W. Va. 432, 19 S. E.

.3 .

INCOLA. Lat. In the civil law. An inhnbitzint; a dweiler or resident. l’i'opci'ly, one who has transferred his domicile to any country.

Incolan flouiicilinm innit. Resilience creates domiriic. Ainoid v. United Ins Co. 1 Johns. Gas. (N. Y.) 363, 366.

INCOME. The retuin in money from one's business, iabor, or capital invested; gains, pioflt, or private rev. enue. Brauu's Appeal, 105 Pa. 415; People v. Dav enpoit, 30 Hun (N. Y.) 177; In re Slocum, 109 N. Y. 153, 6'2 IV. 130; Waring v. Savannah. 60 Ga. 99.

"int.-oine" means that which comes in or is re-

ceived from any business or invesnneut of capi- ital, iuthuut reference to the outguin-, expenditurc,-s: while "profits” generniiy means the .::in which is made upon any business or investment when both receipts and payments nre taken into account. “Income." when nppiied to the adliirs of individuals expresses the same idea that "revenue" does when iippiied to the aifairs of a suite or nation. People v. Niagara County, 4 {Ii (N. Y.) 20; Dates 7. Poiter. 74 Uni. 22-1, 15 Pac. 732. —Ineonie tax. A tax on the yeariy profits arising from propeity. professions, trades, and olhces. 2 Steph. Comm. 573. Levi v. Louis- viiie, 97 Ky. 394. 30 S. W. 973. 28 L 1:. A. 480: Parker v. Insurance Co., -12. La. Ann. 423, 7 South. 599.

Incommodnm non solv-it ax-g-mnentuni. An inconvenience does not destroy an argu- ment.

INCOMMUNICATION. In Spanish itiw. The condition of a prisoner who is not permitted to see or to speak with any peison visiting him during his confinement. A person accused cannot be subjected to this treat- ment unless it be expressly ordered by the judge, for some grave offense, and it cannot be continued for a longer period th.in is ab- soiuteiy necessary. This precaution is resorted to for the purpose of preventing the accused from knowing beforehand the testimony of the witnesses, or from attempting to corrupt them and concert such measures as Wiii etface the traces of his guiit. As soon, therefore, as the danger of his doing so has ceased, the interdiction ceases likewise. Eserlche.

INCOMMUTABLE. Not capable of or

entitled to be commuted. See Coiiiuprxriou.