Blacks Law Dict. 1st ed

IN COMMUNICATION

611

INCIDERE

INCLOSE. To shut up. "To inclose a jury," in Scotch practice, is to shut them up in a room by themselves. Bell. INCLOSED LANDS. Lands which are actually inclosed and surrounded with fences. 7 Mees. & W. 441. INCLOSURE. In English law. Inclos ure is the act of freeing land from rights of common, commonable rights, and generally all rights which obstruct cultivation and the productive employment of labor on the soil. Also, an artificial fence around one's es tate. 39Vt.34,326;36Wis. 42. See CLOSB. Inclusio unius est exclusio alterius. The inclusion of one is the exclusion of an other. The certain designation of one per son is an absolute exclusion of all others. 11 Coke, 586. INCLUSIVE. Embraced; comprehend ed; comprehending the stated limits or ex tremes. Opposed to "exclusive." IN COLA. Lat. In the civil law. An inhabitant; a dweller or resident. Properly, one who has transferred his domicile to any country. Incolas domicilium facit. Residence creates domicile. 1 Johns. Cas. 363, 366. INCOME. The return in money from one's business, labor, or capital invested; gains, profit, or private revenue. "Income" means that which comes in or is re ceived from any business or investment of capital, without reference to the outgoing expenditures; while "profits" generally means the gain which is made upon any business or investment when both receipts and payments are taken into account. " In come, " when applied to the affairs of individuals, expresses the same idea that "revenue"does when applied to the affairs of a state or nation. 4 THil t 20; 7 Hill, 504. INCOME TAX. A tax on the yearly profits arising from property, professions, trades, and offices. 2 Steph. Comm. 573. Incommodum non solvit argumentum. An inconvenience does not destroy an argu ment. INCOMMUNICATION. In Spanish law. The condition of a prisoner who is not permitted to see or to speak with any person visiting him during his confinement. A per son 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 than is ab solutely necessary. This precaution is re sorted to for the purpose of preventing the

to, or is connected with, or inherent in, an other thing, called the "principal." In this sense a court-baron is incident to a manor. Also, less strictly, it denotes anything which is usually connected with another, or con nected for some purposes, though not insep arably. Thus, the right of alienation is inci dent to an estate in fee-simple, though sepa rable in equity. INCIDERE. Lat. In the civil and old English law. To fall into. Calvin. To fall out; to happen; to come to pass. Calvin. To fall upon or under; to become subject or liable to. Incidere in legem, to incur the penalty of a law. Brissonius. INCILE. Lat. In the civil law. A trench. A place sunk by the side of a stream, so called because it is cut (incidatur) into or through the stone or earth. Dig. 43, 21, 1, 5. The term seems to have included ditches (fossce) and wells, (putei.) INCIPITUR. Lat. It is begun; it be gins. In old practice, when the pleadings in an action at law, instead of being recited at large on the issue-roll, were set out merely Hy their commencements, this was described s entering the incipitur; i. «., the begin ing. INCISED WOUND. In medical juris prudence. A cut or incision on a human body; a wound made by a cutting instru ment, such as a razor. Burrill, Circ. Ev. 693; Whart. & S. Med. Jur. § 808. INCIVILE. Irregular; improper; out of the due course of law. IncivUe est, nisi tota lege perspecta, ana aliqua particula ejus proposita, ju dicare, vel respondere. It is improper, without looking at the whole of a law, to give judgment or advice, upon a view of any one clause of it. Dig. 1, 3, 24. Inoivile est, nisi tota sententia in spects, de aliqua parte judicare. It is irregular, or legally improper, to pass an opinion npon any part of a sentence, with out examining the whole. Hob. 171a. INCIVISM. Unfriendliness to the state or government of which one is a citizen. INCLAUSA. In old records. A home close or inclosure near the house. Faroch. Antiq. 31; CowelL

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