KFLCC Kingdom Law 2nd Ed.

611

INCINERATION

INOASTELLARE

draulic power, being the quantity of water which, under a given constant head or pressure, will escape through an orifice one inch square (or a circular orifice having a diameter of one inch) in a vertical plane. Jackson Milling Co. v. Chandos, 82 Wis. 437, 52 N. W. 759 —Min er's incb. The quantity of water which will escape from a ditch or reservoir through an orifice in its side one inch square, the center of the orifice being six inches below the constant level of the water, equivalent to about 1.6 cubic feet of water per minute. Defined by statute in Colorado as "an inch-square orifice under a five inch pressure, a five-inch pressure being from the top of the orifice of the box put into tUe banks of the ditch to the surface of water " Mills' Ann. St. Colo. § 4643. See Longnure v. Smith, 26 Wash. 439, 67 Pac. 246, 58 L. R. A. 308. To give, or grant and assure anything by a written instrument. INCHOATE. Imperfect; unfinished; be gun, but not completed; as a contract not executed by all the parties. — Incboate instrument. Instruments which the law requires to be registered or recorded are said to be "inchoate" prior to registration, in that they are then good only between the parties and privies and as to persons having notice. Wilkins v. McCorkle, 112 Tenn. 688, 80 S. W. 834.— Incboate interest. An interest in real estate which is not a present interest, but which may ripen into a vested estate, if not barred,- extinguished, or divested. Rupe v. Hadley, 113 Ind. 416, 16 N. E. 391; Bever v. North, 107 Ind. 547, 8 N. E. 576; Warford v. Noble (C. C.) 2 Fed. 204.— Incboate dower. A wife's interest in the lands of her husband during his life, which may become a right of dower updn his death. Guerin v. Moore, 25 Minn. 465; Dingman v. Dingman, 39 Ohio St. 178; Smith v. Shaw, 150 Mass. 297, 22 N. E. 924. This word, used as a noun, denotes anything which inseparably belongs 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. See Cromwell v. Phipps (Sur.) 1 N. Y. Supp. 278; Mount Carmel Fruit Co. v. Webster, 140 Cal. 183, 73 Pac. 826. 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. INCITE. Dat 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 (fossw) and wells, (putei.) INCINERATION. Burning to ashes ; de struction of a substance by fire, as, the corpse of a murdered person. INCHARTARE. INCIDENT.

INCASTELLARE.

To make a building

serve as a castle. Jacob. INCAUSTUM, or ENCAUSTUM. Fleta, 1. 2, c. 27, § 5. Incaiite factum pro non xacto babe tur. A thing done unwarily (or unadvised ly) will be taken as not done. Dig. 28, 4, 1. A house-burner; one guilty of arson; one who maliciously and willfully sets another person's building on fire. Incendium sere alieno non exult deb itorem. Cod. 4, 2, 11. A fire does not release a debtor from his debt INCEPTION. Commencement; opening; initiation. The beginning of the operation of a contract or will, or of a note, mortgage, lien, etc.; the beginning of a cause or suit in court. Oriental Hotel Co. v. Griffiths, 88 Tex. 574, 33 S. W. 652, 30 L. R. A. 765, 53 Am. St Rep. 790; Sullivan v. Coal Co., 94 Tex. 541, 63 S. W. 307; Marvin v. McCul lum, 20 Johns. (N. Y.) 288; State v. Bollero, 112 Da. 850, 36 South. 754. Uncer tain things are held for nothing. Dav. Ir. K. B. 33. Incerta quantitas vitiat actum. 1 Rolle R. 465. An uncertain quantity vitiates the act INCuax. xne cnuie oi sexual intercourse or cohabitation between a man and woman who are related to each other within the degrees wherein marriage is prohibited by law. People v. Stratton, 141 Oal. 604, 75 Pac. 166; State v. Herges, 55 Minn. 464, 57 N. W. 205; Dinkey v. Com., 17 Pa. 129, 55 Am. Dec. 542; Taylor v. State, 110 Ga. 150, 35 S. E. 161. — Incestuous adultery. The elements of this offense are that defendant, being married to one person, has had sexual intercourse with another related to the defendant within the prohibited degrees. Cook v. State, 11 Ga. 53, 56 Am. Dec. 410.— Incestuous bastardy. Incestuous bas tards are those who are produced by the illegal connection of two persons who are relations within the degrees prohibited by law. Civ. Code La. art 183. A measure of length, containing one-twelfth part of a foot; originally sup posed equal to three barleycorns. — Inch of candle. A mode of sale at one time in use among merchants. A notice is first given upon the exchange, or other public place, as to the time of sale. The goods to he sold are divided into lots, printed papers of which, and the conditions of sale, are published. When the sale takes place, a small piece of candle, about an inch long, is kept burning, and the last bidder, when the candle goes out, is en titled to the lot or parcel for which he bids. Wharton.— Incb of water. The unit for the measurement of a volume of water or of hy INCENDIARY. Incerta pro nullis babentur. INCH.

Ink.