Page:Black's Law Dictionary (Second Edition).djvu/623

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INDEBITI SOLUTIO

ligation to be due from the defendant, and then avers that. in consideration thereof, he prumiscd to pay or discharge the same.

INDEBITI SOLUTIO. Lat. In the civil and Scotch law. A payment of what is not due. When made through ignorance or by mistake, the amount paid might be recovered back by an action termed “condi'ti'o

indclu.ti." (Dig. 12. 6.) Bell. IN'D]-JBITUM. in the civil law. Not due

or owing. (Dig. 12, 0.) Calvin. INDEBTEDNESS. The state of being

in dcht, without regard to the ahility or inability of the party to pay the same. See 1 Story, Eq. Jur. 3-13; 2 Hill, Ahr. 421.

The word implies an ahsnliite or complete liability. A contingent liability, such as that of a surety before the principal has made default, does not constitute indebtedness. On the 0llll"l' band, the money nccd not he iinruedialely pny- nble. Obligations yet to become duo constitute indebtedness, as “oil as those nIroad_v duc. St. lggiis Perpetual Ins. Co. v. Goudfcllow. l) M . 1 .

INDECENCY. An act against good be- havior and a just delicacy. Tiuimons v. U. S.. 85 Fed. 203, 30 C. O A. 74; .\IcJuukins v. State, 10 Int]. 14-1; Ardery v. Slam 56 Ind. 323.

'1‘his is scarcely a technical term of the law, and is not susceptible of evact definll ion or description in its juridical uses. The question whether or not a given -ict, publication. (=tc.. is indecent is for the court and jury in the particular case.

—Indecenl: exposure. Exposure to siizht of the private parts of the body in a lewd or indcccnt manner in a pubhc pince. It is an indictable offense at common law, and by statute in many of the states. State v. Baumvcss luli Inwn. 107. 76 N. W. 5DS.—-Indeccznt liberties. in the statutory offense of “taking indccent lillell'lPS with the person of a feinaie child." this phrase means iich liberties as the common scnse of society would x'(‘_':ll‘ll as indecent and improper. According to some authorities. it in- volves an assault or attempt at scxuul inter- course, (State v. Kunz. 90 .\Iunn. 526, 97 N. IV. 131.) but according to others, it is not ne(‘ .sary that the iibertics or familiarities should

rel-arr-cl to the private parts of the child. (P. \_ Hicks. 99 Mich. 86, 56 N . 1'i0‘.3.)—- dccent publications. Such as are oflensive to mud:-st_v and delicacy: obscene; lewd: tend- in:: to the corruption of mar . S.. 16.1 U. S. 436. 17 Sup. C

799: U. S. v. Britton (Coin. Cl 17 Fe . Pmplc r. Muller, 96 N. Y. 408. 48 Am. Itep. —Puhlia indecency. This phrase has no fix- ed iezral meaning. is vague and indefinite, and cannot. in itself, imply a definite ofleusc. The inurts_ by a kind of judicial legislation. in Englnud and the United States, have usually limitcd the operation of the term to public displays of the naked person, the publication. sale. or exhibition or obscene books and prints, or the exhibition of a monster,-—acts which have a di- rect bearing on public morals, and afiect the body of society. The Indiana slstutc puinshing public indecency, without defining it, can be construed only as that term is used at com- mon law, where it is limited to indr-cc-ncics in conduct, and does not extend to indecent words. .\tcJuul:i.ns v. State, 10 Ind. 140.

615

INDEMNITOR

INDECIMABLE. In old English law. That which is not tithcablc, or liable to pay tithe. 2 Inst. 490.

INDEFEASIBLE. That which cannot be defeated, revoked, or made void. This term is usually applied to an estate or right which cannot be defeated.

INDEFENSUS. Lot. In old English practice. Undefended; undenied by pleading. A defendant wbo makes no defense or plea. Blount.

INDEFINITE FAILURE OF ISSUE. A faiiure of issue not merely at the death of the party whose issue are referrcil to, but at any subsequent period. however remote. I Staph. Comm. 562. A failure of issue whenever it shall happen, sooner or later, without any fi.xed_ certain, or definite period within which it must happen. 4 Kent. Cumin 274. Anderson v. Jiiclison. 16 Johns. (N. Y) 399. 8 Am. Dec. 330; Downing v. “'hsrriii. 19 N. H. 81. 49 Am. Dec. 139; Huxford v. Milligan. 50 Ind. 546.

INDEFINITE PAYMENT. In Scotch law. 1‘a_vinent without specification. I ndefinite payment is where a debtor, owing several debts to one creditor, i:u.'=.lies a pay- ment to the creditor, without specifying to which of the dcrts he means the payment to be applied. See I‘.e1l.

Indeflnituni :1-.qu.ipo].let universnli. The undefined is equii aient to the ivbole. 1 Vent. 368.

Indefinitum snpplet locum universa- Lis. The unilcfiued or general supplies the place of the whole. Branch, Princ.

INDEMNIFICATUS. Lat. See Ii\‘ni..\mirr.

Indcuinificd.

INDEMNIFY. To save I_l:1'i‘llll(""; to secure against loss or damage: to give security for the rrinibursoinent of a person in case of an anticipated loss falling upon him

Also to make good; to compensate; to make rcii.ulnui'sement to one of a loss 'ili'(> lv incurred iry iilin. Cousins T. Paxton & lagiier Co.. 122 Iowa. ms, 98 i\'. W Weller v. E'lil.lCfi. 15 l\IiILLl. -167 (Oil. 3 ) Ain. Rep. 150: Frye v. Bath Gas Co., 97 U0. 2A1,54Atl.35. .')9I..H.A.4-14, 94Am. 5. Rep. 500.

INDEMNIS. Lat. or damage; harmless.

Without hurt, harm.

INDEMNITEE. The person who. in a contract of lndeinnity, is to be indemnified or protected by the other.

INDEMNITOR. The person who is bound, by an indemnity contract, to indem- nify or protect the other.

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