Blacks Law Dict. 1st ed

INCREMENTUM

613

INDEFENSUS

from having the power to do everything. Dav. Ir. K. B. 36. INDEBITATUS. Lat. Indebted. quam indebitatus, never indebted. The title of the plea substituted in England for nil debet. INDEBITATUS ASSUMPSIT. Lat. Being indebted, he promised or undertook. This is the name of that form of the action of assumpsit m which the declaration alleges a debt or obligation to be due from the defend ant, and then avers that, in consideiation thereof, he promised to pay or discharge the same. INDEBITI SOLUTIO. Lat. In the civil and Scotch law. A payment of what is not due. When made through ignorance or by mistake, the amount paid might be re covered back by an action termed "condictio indebiti." (Dig. 12, 6.) Bell. INDEBITUM. In the civil law. due or owing. (Dig. 12, 6.) Calvin. Not INDEBTEDNESS. The state of being in debt, without regard to the ability or ina bility of the party to pay the same. See k Story, Eq. Jur. 343; 2 Hill, Abr. 421. The word implies an absolute or complete liabil ity. A contingent liability, such as that of a sure ty before the principal has made default, does not constitute indebtedness. On the other hand, the money need not be immediately payable. Obliga tions yet to become due constitute indebtedness, as well as those already due. 9 Mo. 149. INDECENCY. An act against good be havior and a just delicacy. 2 Serg. & R. 91. This is scarcely a technical term of the law, and is not susceptible of exact definition or description in its j uridical uses. The ques tion whether or not a given act, publication, etc., is indecent is for the court and jury in the particular case. INDECENT EXPOSURE. Exposure to sight of the private parts of the body in a lewd or indecent manner in a public place. It is an indictable offense at common law, and by statute in many of the states. INDECIMABLE. In old English law. That which is not titheable, or liable to pay tithe. 2 Inst. 490. INDEFEASIBLE. That which cannot be defeated, revoked, or made void. This term is usually applied to an estate or right which cannot be defeated. INDEPENSUS. In old English prac tice. Undefended; undenied by pleading.

INCREMENTUM. Increaseorim provement, opposed to decrementum or abate ment. INCROACHMENT. An unlawful gain ing upon the right or possession of another. See ENCROACHMENT. INCULPATE. To impute blame or guilt; to accuse; to involve in guilt or crime. INCULPATORY. In the law of evi dence. Going or tending to establish guilt; intended to establish guilt; criminative. Burrill, Circ. Ev. 251, 252. INCUMBENT. A person who is in present possession of an office; one who is legally authorized to discharge the duties of an office. 11 Ohio, 50. In ecclesiastical law, the term signifies a clergyman who is in possession of a bene fice. INCUMBEIU 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, •tc Sweet. 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. 8 Neb. 8; 2 Greenl. Ev. §242. A claim, lien, or liability attached to prop erty; as a mortgage* a registered judgment, etc. INCUMBRANCER. The holder of an incumbrance, e. g., a mortgage, on the estate «f another. 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 44 debts." 15 How. Pr. 48; 5 Abb. Pr. 162. INCURRAMENTUM. The liability to a fine, penalty, or amercement. Cowell. INDE. Lat. Thence; thenceforth; thereof; thereupon; for that cause. Inde datee leges ne fortior omnia pos set. Laws are made to prevent the stronger

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