KFLCC Kingdom Law 2nd Ed.

615

INDEMNITOR

INDEBITI SOLUTIO

INDECIMABLE. In old English law. That which is not titheable, 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. Lat. In old English practice. Undefended; undented by plead ing. A defendant who, makes no defense or plea. Blount. 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. Anderson v. Jackson, 16 Johns. (N. Y.) 399, 8 Am. Dec. 330; Downing v. Wherrin, 19 N. H. 84, 49 Am. Dec. 139; Huxford v. Milli gan, 50 Ind. 546. 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 sequipollet universal!. 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. To save harmless; to secure against loss or damage; to give se curity 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 incurred by him. Cousins v. Paxton & Gal lagher Co., 122 Iowa, 465, 98 N. W. 277; Weller v. Eames, 15 Minn. 467 (Gil. 376), 2 Am. Rep. 150; Frye v. Bath Gas Co., 97 Me. 241, 54 Atl. 395, 59 L. R. A. 444, 94 Am. St. Rep. 500. INDEFINITE FAILURE OF INDEFINITE PAYMENT. In Scotch law. Payment without specification. INDEMNIFICATUS. La t Indemnified. See INDEMNIFY. INDEMNIFY.

ligation to be due from the defendant, and then avers that, in consideration thereof, he promised to pay or discharge the same. Lat In the civ il and Scotch law. A payment of what is not due. When made through ignorance or by mistake, the amount paid might be re covered back by an action termed "conditio indeMti." (Dig. 12, 6.) Bell. INDEBITI SOLUTIO. INDEBTEDNESS. The state of being in debt, without regard to the ability or ina bility of the party to pay the same. See 1 Story, Bq. Jur. 343; 2 Hill, Abr. 421. The word implies an absolute or complete lia bility. A contingent liability, such as that of a surety before the principal has made default, does not constitute indebtedness. On the other hand, the money need not be immediately pay able. Obligations yet to become due constitute indebtedness, as well as those already due. St. Louis Perpetual Ins. Co. v. Goodfellow, 9 Mo. 149. An act against good be havior and a just delicacy. Timmons v. U. S., 85 Fed. 205, 30 C. C. A. 74; McJunkins v. State, 10 Ind. 144; Ardery v. State, 56 Ind. 328. This is scarcely a technical term of the law, and is not susceptible of exact definition or description in its juridical uses. The ques tion whether or not a given act, publication, etc., is indecent is for the court and jury in the particular case. —Indecent exposure. Exposure to sight of the private parts of the body in a lewd or in decent manner in a public place. It is an in dictable offense at common law, and by statute in many of the states. State v. Bauguess, 106 Iowa, 107, 76 N. W. 508.—Indecent liberties. In the statutory offense of "taking indecent liberties with the person of a female child," this phrase means such liberties as the common sense of society would regard as indecent and improper. According to some authorities, it in volves an assault or attempt at sexual inter course, (State v. Kunz, 90 Minn. 526, 97 N. W. 131,) but according to others, it is not necessary that the liberties or familiarities should have related to the private parts of the child, (People v. Hicks, 98 Mich. 86, 56 N. W. 1102.)—In decent publications. Such as are offensive to modesty and delicacy; obscene; lewd ; tend ing to the corruption of morals. Dunlop v. U. S., 169 U. S. 486, 17 Sup. Ct. 375, 41 L. Ed. 799; U. S. v. Britton (Com. C.) 17 Fed. 733; People v. Muller, 96 N. Y. 408, 48 Am. Rep. 635. —Public indecency. This phrase has no fix ed legal meaning, is vague and indefinite, and cannot, in itself, imply a definite offense. The courts, by a kind of judicial legislation, in Eng land and the United States, have usually lim ited the operation of the term to public displays of the naked person, the publication, sale, or exhibition of obscene books and prints, or the exhibition of a monster,—acts which have a di rect bearing on public morals, and affect the body of society. The Indiana statute punish ing public indecency, without defining it, can be construed only as that term is used at com mon law, where it is limited to indecencies in conduct, and does not extend to indecent words. McJunkins v. State, 10 Ind. 140. INDECENCY. INDEBITUM: In the civil law. Not due or owing. (Dig. 12, 6.) Calvin.

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