Page:Black's Law Dictionary (Second Edition).djvu/624

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INDEMNITY

INDEMNITY. An indemnity is a collaterai contract or assurance, by which one person engages to secure another against an anticipated ioss or to pX'eVElIt him from being dumnified by the legal consequences of an act or forbearance on the part of one of the parties or of some third person. See Civ. Code Cal. § 2772. Davis v. Phoenix Ins. Co.. 111 Cal. 409, 43 Pac. 1115; Viindiier v. P0114111. 107 Ala. 547, 19 South. 180, 5-1 Am. St. Rep. 118; rlenderson-Achert Lithograph- ic Co. v. John Shiiilto Co.. 64 Ohio St. 236, (.0 N E. 295, 83 Am. St. Rep. 745. Thus, insurance is 8 contract of indemnity. So an lndeinnifytng bond is given to a sheritt who tears to proceed under an execution where the propci ty is claimed by a stranger.

Tiie teim is also used to denote fl compensation given to make the peisou whole from a loss aiready sustained; as where the government gives indemnity for private property taken by it for public use.

A legislative act, assuring a general dispensation from punishment or exemption ‘rom prosecution to DPISODS involved in offenses, omissions of oiflcizil duty, or acts in excess of authority. is c-iiled an indemnity; strictly it is an act of indemmty. —Inrlemnity ‘bond. A bond for the payment of a penal sum conditioned to be void if the ohlipor shall indemnify and save harmicss the 9 "cc against some anticipated loss or iiahiliiy.—Indenuiity contract. A contract hetvseen two parties whereby the one undertakes and agrees to indemnify the other against ioss or damage arising from some contemplated act on the part of the iudemnitor, or from some responsibility assumed by tile indcmnitcc, or from the cl. ‘m or demand of a third person, that is. to mal:- nod to him such pecuniary damage as he min sulifer. “Fe Wicker v. llnppocli, 6 Wall 99. 18 L. Ed. ".—Inde1nnity lands. Lands granted_ to rniirouds. in aid of their construction, being portions of the public domain. to be selected in lieu of other parcels embraced with- in the original grant, but wbich were inst to the railroad by previous disposition or by reservation for other purposes. Sen Wisconsin Cont.

Co. 17. Price Count 133 U. S. -196. 10 Sup. Ct. 3-11. 33 L. Ed. : Barney v. “H nn-i 8: St P. R Co.. 117 U. S. 229. 6 Sup. Ct. - L. Ed. 858; Altschnl v. Clark. 39 Or. 315. G5 Pnc. 991.

INDEMJPNIS. The old form of writing lndemnis. Townsh P1. 19. So, i7l(l(!l1l1)7l/1- flcatus for indemniflmtus.

INDENIZATION. The not or making a denizen, or of naturalizing.

INDENT, n. In American law. A certificate or indented certific.-ite issued by the government of the United States at the close of the Revolution, for the principal or interest of the public debt. Webster. See U. S. v. Irwin. 26 Fed. Cas. 546.

INDENT, II. To cut in a serrated or waving line In old conveyancing, if a deed was made by more pariies than one, it was usual to make as many copies of it as there

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INDEPENDENT

were parties, and each was cut or indented (either in acute angles, like the teeth of a saw, or in a Waving line) at the top or side. to tiilly or correspond with the otliers, and the deed so made was caiiled un “indenturi=." Ancie1.itly_ both parts were written on the siiuie piece of parchment, with some word or letters written between them through which the parchment was cut, but al’teru-ards, the word or letters being omitted. iiidenting came into use, the idea of whi(_h was that the pan- uineiiess of each pait might be proicd by its fitting into the angles cut in the other. But at length even this was djscontiiiiied, and ii: present the term serves only to give nnm:.- to the species or deed executed by two or more parties, as opposed to a deedqioll. (q. t;_\ 2 Bl. Comm. 295.

To bind by indentures; to iipprentlce; as to indent a young man to a shoe-maker. Webster.

INDENTITRE. A deed to which two or more persons are parties, and in which these enter into reciprocal and correspondiiig giants or obligations towards each other: whereas a deed-poll is properly one in which only the party making it executes it, or binds himself by it as 11 deed, though the grantors or grantees therein may be several in num- her. 3 \\-'ashb. Real Prop. 311; Scott v. Mills 10 N. Y. St. Rep. 3'58; Bowen v. Beck, 9-1 N. Y. 89. -16 Am. Rep. 124; Hopewell Tp. v. Ainwell Tp., 6 N. J. Law, 175. See Izmnxr, v. —Indentnre of apprenticeship. A contrnct

in two ‘parts, by which a person, generally a minor. is bound to serve another in his trade, art, or occupation for a stated time, on condition of being instructed in the same.

INDEPENDENCE. The state or condition of being fiee from dependence, subjection, or control. Political independence in the attr.ibute of a nation or state which II entirely autonomous, and not subject to the government, control, or dictation of any exterior power.

INDEPENDENT. Not dependent; not subject to control, restriction, modification. or limitation from a given outside source.

—Inilepenrlent contract. See CoN'rrrAc‘r—- Indepe-nrlent contractor. In the law ofn ecny and of master and servant. on llJd“"“‘l:|I(fll contractor is one who. exercising .-in i.l1(1l;'1IL'lld(‘Dt employment. contracts to do a piece of work according to his own methods and without being subject to the controi of his employer ex- cept as to the resuit of the work; one who contracts to perform the work at his own risk and cost, the workmen being his servants, and he, and not the person with whom he contracts. being liable for their fault or niisionrluct. Pen ple v Orange County Road Const. Co.. 175 KT. Y. 8-1, 67 N. E. '12’). 65 L. R. A. 33: Wutcrs V. Pioneer Fuel Co.. 52 Minn. 474. 55 N. W. 52. 38 Am. St. Rep. 564: Smith _v. Simmons, 103 Pa. 36, 49 Am. Rep. L13; Holmes v. Tennessoe Coal, cI.'c.. Co.. 49 Lo. Ann. 1-165, 22 ' 1\'oi-folk 5; W. R. Co.. 87 . ' ‘ Loiitlian v. Hewes. IRS Cal. 116. TO Piic. 10 —Indenenden1: cove-

nnnt. See COVENANT.