KFLCC Kingdom Law 2nd Ed.

613

INCORRIGIBLE ROGUE

INCOMPATIBLE

"inconvenience," this means, as applied to the public, the sacrifice or jeoparding of im portant public interests or hampering the legitimate activities of government or the transaction of public business, and, as ap plied to individuals, serious hardship or in justice. See Black, Interp. Laws, 102; Betts y. U. S., 132 Fed. 237, 65 C. C. A. 452. INCOPOLITUS. A proctor or vicar. Incorporalia bello non adqnimntnr. Incorporeal things are not acquired by war. 6 Maule & S. 104. INCOBPOBAMUS. We incorporate. One of the words by which a corporation may be created in England. 1 Bl. Comm. 473; 3 Steph. Comm. 173. INCOBPOBATE. 1. To create a corpo ration ; to confer a corporate franchise upon determinate persons. 2. To declare that another document shall be taken as part of the document in which the declaration is made as much as if it were set out at length therein. Railroad Co. v. Cupp, 8 Ind. App. 388, 35 N. E. 703. INCORPORATION. 1. The act or pro cess of forming or creating a corporation; the formation of a legal or political body, with the quality of perpetual existence and succession, unless limited by the act of incor poration. 2. The method of making one document of any kind become a part of another separate document by referring to the former in the latter, and declaring that the former shall be taken and considered as a part of the latter the same as if it were fully set out therein. This is more fully described as "incorpora tion by reference." If the one document is copied at length in the other, it is called "actual incorporation." 3. In the civil law. The union of one domain to another. INCORPOREAL. Without body; not of material nature; the opposite of "corporeal," (?. v.) —Incorporeal chattels. A class of incor poreal rights growing out of or incident to things personal; such as patent-rights and copy rights. 2 Steph. Comm. 72. See Boreel v. New York, 2 Sandf. (N. Y.) 559.—Incorporeal hereditaments. See HEREDITAMENTS.—In corporeal property. In the civil law. That which consists in legal right merely. The same as choses in action at common law.—Incor poreal things. In the civil law. Things which can neither be seen nor touched, such as consist in rights only, such as the mind alone can perceive. Inst. 2, 2; Civ. Code La. 1900, art. 460; Sullivan v. Richardson, 33 Fla. 1, 14 South. 692. INCORRIGIBLE ROGUE. A species of rogue or offender, described in the statutes 5 Geo. IV. c. 83, and 1 & 2 Vict c 38. 4 Steph. Comm. 309.

INCOMPATIBLE. Two or more rela tions, offices, functions, or rights which can not naturally, or may not legally, exist in or be exercised by the same person at the same time, are said to be incompatible. Thus, the relations of lessor and lessee of the same land, in one person at the same time, are in compatible. So of trustee and beneficiary of the same property. See People v. Green, 46 How. Prac. (N. Y.) 170; Com. v. Sheriff, 4 Serg. & R. (Pa.) 276; Regents of University of Maryland v. Williams, 9 Gill & J. (Md.) 422, 31 Am. Dec. 72. INCOMPETENCY. Lack of ability, le gal qualification, or fitness to discharge the required duty. In re Leonard's Estate, 95 Mich. 295, 54 N. W. 1082; In re Cohn, 78 N. Y. 252; Stephenson v. Stephenson, 49 N. C. 473; Nehrling v. State, 112 Wis. 637, 88 N. W. 610. In New York, the word "incompetency" is used in a special sense to designate the con dition or legal status of a person who is un able or unfitted to manage his own affairs by reason of insanity, imbecility, or feeble-mind edness, and for whom, therefore, a committee may be appointed; and such a person is des ignated an "incompetent." See Code Civ. Proc. N. Y. § 2320 et seq.; In re Curtiss, 134 App. Div. 547, 119 N. Y. Supp. 556; In re Fox, 138 App. Div. 43, 122 N. Y. Supp. 889. As applied to evidence, the word "incom petent" means not proper to be received; in admissible, as distinguished from that which the court should admit for the consideration of the jury, though they may not find it wor thy of credence. la French, law. Inability or insufficiency of a judge to try a cause brought before him, proceeding from lack of jurisdiction. INCONCLUSIVE. That which may be disproved or rebutted; not shutting out fur ther proof or consideration. Applied to evi dence and presumptions. INCONSISTENT. Mutually repugnant or contradictory; contrary, the one to the oth er, so that both cannot stand, but the accept ance or establishment of the one implies the abrogation or abandonment of the other; as, In speaking of "inconsistent defenses," or the repeal by a statute of "all laws inconsistent herewith." See In re Hickory Tree Road, 43 Pa. 142; Irwin v. Holbrook, 32 Wash. 349, 73 Pac. 361; Swan v. U. S., 3 Wyo. 151, 9 Pac. 931. INCONSULTO. Lat In the civil law. Unadvisedly; unintentionally. Dig. 28, 4, 1. INCONTINENCE. Want of chastity; in dulgence in unlawful carnal connection. Lu cas v. Nichols, 52 N. C. 35; State v. Hewlin, 128 N. C. 571, 37 S. E. 952. INCONVENIENCE. In the rule that statutes should be so construed as to avoid

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