KFLCC Kingdom Law 2nd Ed.

INCREASE

INDEBITATUS

614

INCREASE. (1) The produce of land; (X) the offspring of animals. — Increase, affidavit of. Affidavit of pay ment of increased costs, produced on taxation. —Increase, costs of. In English law. It was formerly a practice with the jury to award to the successful party in an action the nominal sum of 40s. only for his costs; and the court assessed, by their own officer the actual amount of the successful party's costs; and the amount so assessed, over and above the nominal sum awarded by the jury, was thence called "costs of increase." Lush, Com. Law Pr. 775. The practice has now wholly ceased. Rapal. & Law. INCREMENTUM. Lat. Increase or im provement, opposed to decrementum or abate ment. INCRIMINATE. To charge with crime; to expose to an accusation or charge of •crime; to involve oneself or another in a criminal prosecution or the danger thereof; as, in the rule that a witness is not bo,und to give testimony which would tend to incrim inate him. — Incriminating circumstance. A fact or circumstance, collateral to the fact of the com mission of a crime, which tends to show either that such a crime has been committed or that some particular person committed it. Davis v. State, 51 Neb. 301, 70 N. W. 984. An unlawful gain ing upon the right or possession of another. See BNCEOACHMENT. INCULPATE. To impute blame or guilt; to accuse; to involve in guilt or crime. INCULPATORY. In the law of evidence. Going or tending to establish guilt; intend ed to establish guilt; criminative. Burrill, Circ. Ev. 251, 252. INCUMBENT. A person who is in pres ent possession of an office; one who is le gally authorized to discharge the duties of an office. State v. McCollister, 11 Ohio, 50; State v. Blakemore, 104 Mo. 340, 15 S. W. 960. In ecclesiastical law, the term signifies a clergyman who is in possession of a bene fice. INCUMBER. To incumber land is to make it subject to a charge or liability; e. g., by mortgaging it. Incumbrances include not only mortgages and other voluntary charges, but also liens, lites pendentes, reg istered judgments, and writs of execution, etc. Sweet. See Newhall v. Insurance Co., 52 Me. 181. INCUMBRANCE. Any right to, or in terest in, land which may subsist in third per sons, to the diminution of the value of the es tate of the tenant, but consistently with the passing of the fee. Fitch v. Seymour, 9 Mete. INCROACHMENT.

(Mass.) 467; Huyck v. Andrews, 113 N. Y. 81, 20 N. E. 581, 3 L. R, A. 789, 10 Am. St Rep. 432; Ailing v. Burlock, 46 Conn. 510; Demars v. Koehler, 62 N. J. Law, 203, 41 Atl. 720, 72 Am. St. Rep. 642; Lafferty v. Milligan, 165 Pa. 534, 30 Atl. 1030; Stam baugh v. Smith, 23 Ohio St. 591. A claim, lien, charge, or liability attach ed to and binding real property; as, a mort gage, judgment-lien, attachment, right of dower, right of way or other easement, un paid water rent, lease, unpaid taxes or spe cial assessment. Memmert v. McKeen, 112 Pa. 315, 4 Atl. 542; Gordon v. McCulloh, 66 Md. 245, 7 Atl. 457; Harrison v. Railroad Co., 91 Iowa, 114, 58 N. W. 1081; Kelsey v. Remer, 43 Conn. 129, 21 Am. Rep. 638; Runnels v. Webber, 59 Me. 490; Crocker v. Cottmg, 173 Mass. 68, 53 N. E. 158; In re Gerry (D. C.) 112 Fed. 959; Bowman v. Franklin Ins. Co., 40 Md. G31; Clark v. Fish er, 54 Kan. 403, 38 Pac 493; Redmon v. In surance Co., 51 Wis. 293, 8 N. W. 226, 37 Am. Rep. 830; Funk v. Voneida, 11 Serg. & R. (Pa.) 112, 14 Am. Dec. 617; Farnngton v. Tourtelott (C. C.) 39 Fed. 740; Maddocks v. Stevens, 89 Me. 336, 36 Atl. 398. — Incumbrances, covenant against. See COVENANT INCUMBRANCER. The holder of an in cumbrance, e. g., a mortgage, on the estate of another. De Voe v. Rundle, 33 Wash. 604, 74 Pac. 836; Shaeffer v. Weed, 8 111. 514; Newhall v. Insurance Co., 52 Me. 181. INCUR. Men contract debts; they incur liabilities. In the one case, they act affirma tively ; in the other, the liability is incurred or cast upon them by act or operation of law. "Incur" means something 'beyond contracts, —something not embraced in the word "debts." Crandall v. Bryan, 5 Abb. Prac. (N. Y.) 169; Beekman v. Van Dolsen, 70 Hun, 288, 24 N. Y. Supp. 414; Ashe v. Young, 68 Tex. 123, 3 S. W. 454. INCURRAMENTUM. L. Lat The lia bility to a fine, penalty, or amercement Cow.ell. INDE. Lat. Thence; thenceforth; there of; thereupon; for that cause. Inde datse leges ne fortior omnia pos set. Laws are made to prevent the stronger from having the power to do everything. Dav. Ir. K. B. 36. Nun quam indebitatus, never indebted. The title of the plea substituted in England for nil debet. — Indebitatus assumpsit. Lat. Being in debted, he promised or undertook. This is the name of that form of the action of assumpsit in which the declaration alleges a debt or ob- INDEBITATUS. Lat Indebted.