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
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. In the civil law. Unadvisedly; unintentionally. Dig. 28, 4, L
Source: Black’s Law Dictionary 2nd Ed (1910)
Lack of ability, le-gai 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
Source: Black’s Law Dictionary 2nd Ed (1910)
That which may be disproved or rebutted; not shutting out fur-ther proof or consideration. Applied to evi-dence and presumptions
Source: Black’s Law Dictionary 2nd Ed (1910)
Not capable of or entitled to be commuted. See Commutation
Source: Black’s Law Dictionary 2nd Ed (1910)
Two or more rela-tious, offices, functions, or rights which can-not naturally, or may uot legally, exist in or be exercised by the same persou at the same time, are said to he incompatible. Thus, the relations of lessor and lessee of the same land, in one person at the same time, are ln-compatlble. 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
Source: Black’s Law Dictionary 2nd Ed (1910)
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. I. 153, 62 N. fl. 130; waring v. Savannah, 60 Ga. 99
Source: Black’s Law Dictionary 2nd Ed (1910)
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 person accused cannot be subjected to this treatment unless it he expressly ordered by the judge, for some grave offense, and it cannot be continued for a longer period than is absolutely necessary. This precaution is re-sorted to for the purpose of preventing the accused from knowing beforehand the testimony of the witnesses, or from attempting to corrupt them and concert such measures ‘ as will efface the traces of hls guilt. As soon, thcrefore, as the danger of hls doing so has ceased, the interdiction ceases likewise. Escrlche
Source: Black’s Law Dictionary 2nd Ed (1910)
Embraced; comprehend-ed; comprehending the stated limits or ex-tremes. opposed to “exclusive.”
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat in the civil law. An ln-habitant; a dweller or resident Properly, one who has transferred his domicile to any country
Source: Black’s Law Dictionary 2nd Ed (1910)
Lands which are actually inclosed and surrounded with fences. Tapseil v. Crosskey, 7 Mees. & W. 446; Kim-ball v. Carter, 95 Va. 77, 2T S. E. 823, 38
Source: Black’s Law Dictionary 2nd Ed (1910)
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
Source: Black’s Law Dictionary 2nd Ed (1910)
In old records. A home close or inclosure near the house. Paroch. Antiq. 31; Cowell
Source: Black’s Law Dictionary 2nd Ed (1910)
To shut up. “To inclose a jury,” in Scotch practice, is to shut 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
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat Irregular; improper; out of the due course of iaw
Source: Black’s Law Dictionary 2nd Ed (1910)
Unfriendliness to the state or government of which one is a citizen
Source: Black’s Law Dictionary 2nd Ed (1910)
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. Ev. 693; whart. & 8. Med. Jur. $ 808
Source: Black’s Law Dictionary 2nd Ed (1910)
To arouse; stir up; instigate; set iu 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
Source: Black’s Law Dictionary 2nd Ed (1910)
Burning to ashes; destruction of a substance by fire, as, the corpse of a murdered person
Source: Black’s Law Dictionary 2nd Ed (1910)
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 thelr commencements, this was described as -entering the incipitur; i. e., the begin-ning
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat in the civil and old English law. To fall into. Calvin
Source: Black’s Law Dictionary 2nd Ed (1910)
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, L 5. The term seems to have included ditches (fossae) and wells, (putei
Source: Black’s Law Dictionary 2nd Ed (1910)
Imperfect; unfinished; be-gun, but not completed; as a contract not executed by all the parties
Source: Black’s Law Dictionary 2nd Ed (1910)
This word, used as a noun, denotes anything which inseparably belongs to, or is connected with, or Inherent in, another 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 connected 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.) 1N. Y. Supp. 278; Mount Carmel Fruit Co. v. webster, 140 Cal. 183, 73 Pae 826
Source: Black’s Law Dictionary 2nd Ed (1910)
A measure of length, containing one-twelfth part of a foot; originally sup-posed equal to three barleycorns
Source: Black’s Law Dictionary 2nd Ed (1910)