INCENDIARY, crim. law. One who maliciously1 and wilfully2 sets another person's house on fire; one guilty of the crime of arson3.
2. This offence is punished by the statute4 laws of the different states according to their several provisions. The civil law punished it with death, Dig. 47, 9, 12, 1, by the offender5 being cast into the fire. Id. 48, 19, 28, 12; Code, 9, 1, 11. Vide Dane's Ab. Index, h. t.
INCEPTION6. The commencement; the beginning. In making a will, for example, the writing is its inception. 3 Co. 31 b; Plowd. 343. Vide Consummation; Progression.
INCEST. The carnal copulation of a man and a woman related to each other in any of the degrees within which marriage is prohibited by law. Vide Marriage. It is punished by fine and imprisonment7, under the laws of the respective states., Vide 1 Smith's Laws of Pennsylv. 26; Dane's Ab. Index, h. t.; Dig. 23, 2, 68; 6 Conn. R. 446; Penal8 Laws of China, B. 1, s. 2, 10; Sw. part 2 17, p. 103.
INCH. From the Latin uncia. A measure of length, containing one-twelfth part of a foot.
INCHOATE9. That which is not yet completed or finished. Contracts are considered inchoate until they are executed by all the parties who ought to have executed them. For example, a covenant10 which purports11 to be tripartite, and is executed by only two of the parties, is incomplete, and no one is bound by it. 2 Halst. 142. Vide Locus12 paenitentiae.
INCIDENT. A thing depending upon, appertaining to, or following another, called the princinal.
2. The power of punishing for contempt is incident to a court of record; rent is incident to a reversion; distress13 to rent; estovers of woods to a tenancy for a life or years. 1 Inst. 151; Noy's Max. n. 13; Vin. Ab. h.. t.; Dane's Ab. h. t.; Com. Dig. h. t., and the references there; Bro. Ab. h. t.; Roll's Ab. 75.
INCIPITUR, practice. This word, which means "it is begun," signifies the commencement of the entry on the roll. on signing judgment14, &c.
INCLUSIVE. Comprehended in computation. In computing15 time, as ten days from a particular time, one day is generally to be included and one excluded. Vide article Exclusive, and the authorities there cited.
INCOME. The gain which proceeds from property, labor16, or business; it is applied17 particularly to individuals; the income of the government is usually called revenue.
2. It has been holden that a devise of the income of land, is in effect the same as a devise of the land itself. 9 Mass. 372; 1 Ashm. 136.