KFLCC Kingdom Law 2nd Ed.

612

INCIPITUR

INCOMMUTABLE

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 by their commencements, this was described as entering the incipitur; *. e., the begin ning. INCISED WOUND. In medical jurispru dence. A cut or incision on a human body; a wound made by a cutting instrument, such as a razor. Burrill, Circ Bv. 693; Whart & S. Med. Jur. § 808. INCITE. To arouse; stir up; instigate; set in motion; as, to "incite" a riot. Also, generally, in criminal law to instigate, per suade, or move another to commit a crime; in this sense nearly synonymous with "abet." See Long v. State, 23 Neb. 33, 36 N. W. 310. INCIVIIiE. Lat. Irregular; improper; out of the due course of law. Incivile est, nisi tota lege perspecta, una 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. Incivile est, nisi tota sententia in specta, de aliqua parte judicare. It is irregular, or legally improper, to pass an opinion upon 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. Paroch. Antiq. 31; Cowell. INCLOSE. To shut up. "To inclose a jury," in Scotch practice, is to skut them up in a room by themselves. Bell. See Union Pac. Ry. Co. v. Harris, 28 Kan. 210; Camp bell v. Gilbert, 57 Ala. 569. INCLOSED LANDS. Lands which are actually inclosed and surrounded with fences. Tapsell v. Crosskey, 7 Mees. & W. 446; Kim ball v. Carter, 95 Va. 77, 27 S. E. 823, 38 L. R, A. 570; Daniels v. State, 91 Ga. 1, 16 S. E. 97. See Haynie v. State (Tex. Cr. App.) 75 & W. 25. 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. Porter v. Aldrich, 39 Vt. 330; Taylor v. Welbey, 36 Wis. 44. See CLOSE. Inclusio unius est exclusio alterius. The inclusion of one is the exclusion of an

other. The certain designation of one person is an absolute exclusion of all others. 11 Coke, 586. INCLUSIVE. Embraced; comprehend ed; comprehending the stated limits or ex tremes. Opposed to "exclusive." —Inclusive survey. In land law, one which includes within its boundaries prior claims ex cepted from the computation of the area within such boundaries and excepted in the grant. Stockton v. Morris, 39 W. Va. 432, 19 S. E. 531. INCOLA. Lat In the civil law. An in habitant; a dweller or resident Properly, one who has transferred his domicile to any country. Incolas domicilium facit. Residence creates domicile. Arnold v. United Ins. Co., 1 Johns. Cas. (N. Y.) 363, 366. INCOME. The return in money from one's business, labor, or capital invested; gains, profit, or private revenue. Braun's Appeal, 105 Pa. 415; People v. Davenport, 30 Hun (N. Y.) 177; In re Slocum, 169 N. Y. 153, 62 N. E. 130; Waring v. Savannah, 60 Ga. 99. "Income" means that which comes in or is re ceived from any business or investment of capi ital, without reference to the outgoing expendi tures ; while "profits" generally means the gain which is made upon any business or investment when both receipts and payments are taken into account. "Income," when applied to the affairs of individuals, expresses the same idea that "rev enue" does when applied to the affairs of a state or nation. People v. Niagara County, 4 Hill (N. Y.) 20; Bates v. Porter, 74 Cal. 224, 15 Pac. 732. —Income tax. A tax on the yearly profits arising from property, professions, trades, and offices. 2 Steph. Comm. 573. Levi v. Louis ville, 97 Ky. 394, 30 S. W. 973, 28 L. R. A. 480; Parker v. Insurance Co., 42 La. Ann. 428, 7 South. 599. Incommodum non solvit argumentum. An inconvenience does not destroy an argu ment INCOMMUNICATION. In Spanish law. The condition of a prisoner who is not per mitted 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 accused from knowing beforehand the testi mony of the witnesses, or from attempting to corrupt them and concert such measures as will efface the traces of his guilt. As soon, therefore, as the danger of his doing so has ceased, the interdiction ceases likewise. Escriche. INCOMMUTABLE. Not capable of or entitled to be commuted. See COMMUTATION.