Blacks Law Dict. 1st ed

INDEFINITE FAILURE OF ISSUE 614

INDENT

tract of indemnity. So an indemnifying bond is given to a sheriff who fears to pro ceed under an execution where the property is claimed by a stranger. The term is also used to denote a compen sation given to make the person whole from a loss already sustained; as where the gov ernment gives indemnity for private proper ty taken by it for public use. A legislative act, assuring a general dis pensation from punishment or exemption from prosecution to persons involved in of fenses, omissions of official duty, or acts in excess of authority, is called an indemnity; strictly it is an act of indemnity. INDEMNITY CONTRACT. An agreement between two parties, whereby the one party, the indemnitor, either agrees to indemnify and save harmless the other party, the indemnitee, from loss or damage, or binds himself to do some particular act or thing, or to protect the indemnitee against liability to, or the claim of, a third party. 10 Amer. & Eng. Enc. Law, 402. INDEMPNIS. The old form of writing indemnis. Townsh. PI. 19. So, indempni ftcatus for indemniflcatut. INDENTATION. The act of making a denizen, or of naturalizing. INDENT, n. In American law. A cer tificate or indented certificate issued by the government of the United States at the close of the Revolution, for the principal or inter est of the public debt. Webster. INDENT, v. To cut in a serrated or waving line. In old conveyancing, if a deed was made by more parties than one, it was usual to make as many copies of it as there 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 tally or correspond with the others, and the deed so made was called an "indenture." Anciently, both parts were written on the same piece of parchment, with some word or letters written between them th roughwhich the parchment was cut, but afterwards, the word or letters being omitted, indenting came into use, the idea of which was that the gen uineness of each part might be proved by its fitting into the angles cut in the other. But at length even this was discontinued, and at present the term serves only to give name to the species of deed executed by two or more parties, as opposed to a deed-poll, {q. «.) 2 Bl. Comm. 295.

A defendant who makes no defense or plea. Blount. INDEFINITE FAILURE OF ISSUE. A failure of issue not merely at the death of the party whose issue are referred to, but at any subsequent period, however remote. 1 Steph. Comm. 562. A failure of issue when ever it shall happen, sooner or later, with out any fixed, certain, or definite period within which it must happen. 4 Kent, Comm. 274. INDEFINITE NUMBER. An uncer tain or indeterminate number. A number which may be increased or diminished at pleasure. INDEFINITE PAYMENT. InScotch law. Payment without specification. In definite payment is where a debtor, owing several debts to one creditor, makes a pay ment to the creditor, without specifying to which of the debts he means the payment to be applied. See Bell. Indefinitum sequipolletuniversali. The undefined is equivalent to the whole. 1 Vent. 368. Indefinitum supplet locum universa lis. The undefined or general supplies the place of the whole. Branch, Princ. INDEMNIFICATUS. Lat. Indemni fied. See INDEMNIFY. INDEMNIFY. To save harmless; to secure against loss or damage; to give security for the reimbursement of a person in case of an anticipated loss falling upon him. Also to make good; to compensate; to make reimbursement to one of a loss already in curred by him. INDEMNIS. Lat. Without hurt, harm, or damage; harmless. INDEMNITEE. The person who, in a contract of indemnity, 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. INDEMNITY. An indemnity is a col lateral contract or assurance, by which one person engages to secure another against an anticipated loss, or to prevent him from be ing damnified by the legal consequences of an act or forbearance on the part of one of the parties or of some third person. See Civil Code Cal. § 2772. Thus, insurance is a con

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