Page:Black's Law Dictionary (Second Edition).djvu/621

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


INCOMPATIBLE. Two or more relations, olhces. functions, or rights which cannot naturally, or may not legally, exist in or be exercised by the same person at the same time, are said to be incompatible. Thus, the relations or lessor and lessee of the same land. in one person at the same time, are icnomp itible. So of trustee and beneficiary of the same property. See People v. Green, 46 How. Prac. (N. ' 170; Com. v. Sherilf. 4 .\i5l§- & R. (I’a.) Regents of University of .\l.ii'ylnnd v. Williams, 9 Gl.ll & J. (Md.) 422, 31 Am. Dec. 72.

INCOMPETENCY. Lack of ability, le- gal qnaiification, or fitness to discharge the required duty. In re Leonai-d’s Estate, 95 Mich. 295, 5-! N. W. 1082; In re Cohn, TS

N. Y. ' , Stephenson v. Stephenson, 49 N. C. -2173, Nchrling v. State, 112 Wis. 63?, 88 A . W. 610.

in New York, the word "'incompetency" is used in a special sense to designate the condition or legal status of a person who is unnhle or untitted to manage his own adairs by reason of insanity, inibecility, or teebie-iniud- cduess, and F or whom, therefore, a committee may be appointed; and such a person is designated an “incompeteut." See Code Civ. Proc. N. Y. § 2320 et seq.; In re Curtiss, 134 App. Div. 547, 119 N. Y. Supp. 556; In re Fox, 1.38 App. Div. 43, 122 N. Y. Supp. 889.

As applied to evldence, the word “incompetent" means not proper to be received; inadmissible, as dlstiiiguished from that which the court should admit for the consideration of the jury. though they may not find it wortby of credence.

In French law. Inability or insufficieucy of a judge to try a cause brought before him, proceeding from lack of jurisdiction.

INCONCLUSIVE. That which may be disproved or rebutted: not shutting out further proof or consideration. Applied to evi- dence and presumptions.

INCONSISTENT. Mutually repugnant or contixidictory; Contrary, the one to the other. so that both cannot stand, but the accept- ance or establishment of the one implies the abrogation or abandonment of the other; as, in speaking of “inconsistent defenses." or the repeal by a statute of “all laws inconsistent herewith." See In re Hickory Tree Road, 43 Pa 142; Irwin v. Holbrook, 32 Wash. 349.

73 Pac. 361: Swan v. U. S.. 3 Wyo. 151, 9 _

Pac. 931.

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

INCONTINENCB. Want of chastity; indulgence in unlawful carnal connection. Lu- cas v. Nichols, 52 N. C. 35; State v. Hewlhi, 128 N. C. 571, 37 S. E. 952.

INCONVENIENCE. In the rule that statutes should he so construed as to avoid



“inconvenience," this means, as applied to the public, the sacrifice or jeoparding of important public interests or hampering the legitimate nctiiities of government or the transaqion of public business. :i.ud, as applied to individuals, serious hardship or in- justice. See Biack, Interp. Laws, 102 . Betta v. U. S.. 132 Fed. 237. 55 0. c. .i. 492.

INCOPOLITUS. A proctor or vicar.

Incorporalin hello non arlquirnutnr. Incoipnreal things are not acquired by war. 6 l\-Iauie & S. 104.

INCORPORAMUS. We incorporate One of the words by which a corporation may be created in lilugliiud. 1 Bl. Comm 473; 3 Steph. Comm 173.

INCORPORATE. 1. To create a corpo- ration. to confer a corporate franchise upon determinate persons.

2. To declare that another document shall be taken as part or the document in which the declaration is made as much as if it were set out at length therein. Railroad Co. v. Cupp, 8 Ind. App. 388. 35 N. E. 703.

INCORPORATION. 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 the act of iucor» poratiou.

2. The method-of making one document of any kind become a part of another separate document by referring to the former in the latter, and declaring that the former shall be taken and cousideicd as 8 part of the latter the same as if it were fully set out therein. This is more fully described as “incorporation by reference." If the one document is copied at length in the other, it is called “actual incorporation."

3. In the civil law. domain to another.

The union of one

INCORPOREAL. Without body; not of material nature; the opposite of “corporeal," (CL 97-)

—Iuco:i-pm-eal. chattels. A class of incorporeal rights growing out of or incident to things personal; such as patent-rights and copy- rights. 2 Staph. Comm. 72. See Boreei v. New York. 2 Saudi’. (N. Y.) 559.—Incax-pox-eal. heroditanlents. See I:IEREDI'IAME:\lTE.—-Innorpurenl property. In the civil law. That which consists in legal right merely. The same as clioses in action at common law.—-Inooxporesl things. 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; (Tiv. Code Lo. 1900, art 460; Sullivan v. Richardson, 33 Fla. 1, 14 South. 692.

INCORRIGIBLE ROGUE. A species of rogue or ofieuder. described in the statutes 5 Geo. I\'. c. 83, and 1 5: 2 Vict. c. 38. 4

Steph. Comm. 309.