Blacks Law Dict. 1st ed

INDENT

615

INDICT

To bind by Indentures; to apprentice; as to indent a young man to a shoe-maker. Webster. INDENTURE. A deed to which two or more persons are parties, and in which these enter into reciprocal and corresponding grants 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 a deed, though the grantors or grantees therein may be several in num ber. 8 Washb. Beal Prop. 311. See IN DENT, t>. INDENTURE OF APPRENTICE SHIP. A contract 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 condi tion of being free from dependence, subjec tion, or control. Political independence is the attribute of a nation or state which is entirely autonomous, and not subject to the government, control, or dictation,of any ex terior power. INDEPENDENT CONTRACT. One in which the mutual acts or promises have no relation to each other, either as equiva lents or considerations. Civil Code La. art. 1769; 1 BOUT. Inst. no. 699. INDEPENDENT COVENANTS. Covenants in an instrument which are inde pendent of each other, or where the perform ance of one, or the right to require its per formance, or to obtain damages for its non performance, does not depend upon the per formance of the other. Independenter se habet asseouratio a viaggio navis. The voyage insured is an independent or distinct thing from the voyage of the ship. 3 Kent, Comm. 318, note. INDETERMINATE. That which is un certain, or not particularly designated; as if I sell you one hundred bushels of wheat, without stating what wheat. 1 Bouv. Inst. no. 950. INDEX. A book containing references, alphabetically arranged, to the contents of a •eries or collection of volumes; or an addi tion to a single volume or set of volumes con taining such references to its contents. Index animi sermo. Language is the exponent of the intention. The language of

a statute or instrument is the best guide to the intention. Broom, Max. 622. INDIAN COUNTRY. This term does not necessarily import territory owned and occupied by Indians, but it means all those portions of the United States designated by this name in the legislation of congress. 4 Sawy. 121. INDIAN TRIBE. A separate and dis tinct community or body of the aboriginal Indian race of men found in the United States. INDIANS. The aboriginal inhabitant* of North America. INDICARE. In the civil law. To show or discover. To Bx or tell the price of a thing. Calvin. To inform against; to ac cuse. INDICATIF. An abolished writ by which a prosecution was in some cases re moved from a court-christian to the queen's bench. Enc. Lond. INDICATION. In the law of evidence. A sign or token; a fact pointing to some in ference or conclusion. Burrill, Circ. Ev. 251, 252, 263, 275. INDICATIVE EVIDENCE. This is not evidence properly so called, but the mere suggestion of evidence proper, which may possibly be procured if the suggestion is fol lowed up. Brown. INDICAVIT. In English practice. A writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual court by the clerk of another patron, for tithes amounting to a fourth part of the value of the living. 3 Bl. Comm. 91; 3 Steph. Comm. 711. So termed from the emphatic word of the Latin form. Reg. Orig. 356,36. INDICIA. Signs; indications. Circum stances which point to the existence of a given fact as probable, but not certain. For ex ample, "indicia of partnership" are any cir cumstances which would induce the belief that a given person was in reality, though not os tensibly, a member of a given firm. INDICIUM. In the civil law. A sign or mark. A species of proof, answering very nearly to the circumstantial evidence of the common law. Best, Pres. p. 13, § 11, note; Wills, Circ. Ev. 34. INDICT. See INDICTMENT.

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