英文法律词典 I-25

INCOMPETENCY¹, evidence. The want of legal fitness, or ability in a witness to be heard as such on the trial of a cause.

2. The objections to the competency (q. v.) of a witness are four-fold. The first ground is the want of understanding; a second is defect of religious principles; a third arises from the conviction of certain crimes, or infamy² of character; the fourth is on account of interest. (q. v.) 1 Phil. Ev. 15.

INCONCLUSIVE. What does not put an end to a thing. Inconclusive presumptions⁴ are those which may be overcome by opposing proof; for example, the law presumes that he who possesses personal property is the owner of it, but evidence is allowed to contradict this presumption³, and show who is the true owner. 3 Bouv. Inst. in. 3063.

INCONTINENCE Impudicity, the indulgence in unlawful carnal connexions. Wolff, Dr. de la Nat. 862.

INCORPORATION⁵. This term is frequently confounded, particularly in the old books, with corporation. The distinction between them is this, that by incorporation is understood the act by which a corporation is created; by corporation is meant the body thus created. Vide Corporation.

INCORPORATION, civil law. The union of one domain⁶ to another.

INCORPOREAL⁷. Not consisting of matter.

2. Things incorporeal. are those which are not the object of sense, which cannot be seen or felt, but which we can easily, conceive in the understanding, as rights, actions, successions, easements, and the like. Dig. lib. 6, t. 1; Id. lib. 41, t. 1, l. 43, 1; Poth. Traite des Choses, 2.

INCORPOREAL HEREDITAMENT, title, estates. A right issuing out of, or annexed⁹ unto a thing corporeal⁸.

2. Their existence is merely in idea and abstracted contemplation, though their effects and profits may be frequently the objects of our bodily senses. Co Litt. 9 a; Poth. Traite des Choses, 2. According to Sir William Blackstone, there are ten kinds of incorporeal hereditamenta; namely, 1. Advowsons. 2. Tithes¹⁰. 3. Commons. 4. Ways. 5. Offices. 6. Dignities. 7. Franchises¹¹. 8. Corodies. 9. Annuities¹². 10. Rents. 2 Bl. Com. 20.

3. But, in the United States, there, are no advowsons, tithes, dignities, nor corodies. The other's have no necessary connexion with real estate, and are not hereditary¹³, and, with the exception of annuities, in some cases, cannot be transferred, and do not descend¹⁴.