KFLCC Kingdom Law 2nd Ed.

INDEMNITY

616

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 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 through which 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. v.) 2 Bl. Comm. 295. 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. 3 Washb. Real Prop. 311; Scott v. Mills, 10 N. Y. St. Rep. 358; Bowen v. Beck, 94 N. Y. 89, 46 Am. Rep. 124; Hopewell Tp*v. Am well Tp., 6 N. J. Law, 175. See INDENT, V. —Indenture of apprenticeship. 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 condi tion 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. Not dependent; not subject to control, restriction, modification, or limitation from a given outside source. —Independent contract. See CONTRACT.— Independent contractor. In the law of agen cy and of master and servant, an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods and without be ing subject to the control of his employer ex cept as to the result 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 misconduct. Peo ple v. Orange County Road Const. Co., 175 N. Y. 84, 67 N. E. 129, 65 L. R, A. 33; Waters 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. 113; Holmes v. Ten nessee Coal, etc., Co., 49 La. Ann. 1465, 22 South. 403; Bibb v. Norfolk & W. R. Co., 87 Va. 711, 14 S. E. 165; Louthan v. Hewes, 138 Cal. 116, 70 Pac. 1065.—Independent cove n a n t . See COVENANT. INDEPENDENT.

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 Civ. Code Cal. § 2772, Davis v. Phoenix Ins. Co., Ill Cal. 409, 43 Pac. 1115; Vandiver v. Pollak, 107 Ala. 547, 19 South. 180, 54 Am. St. Rep. 118; Henderson-Achert lithograph ic Co. v. John Shillito Co., 64 Ohio St 236, 60 N. B. 295, 83 Am. St. Rep. 745. Thus, in surance is a contract of indemnity. So an Indemnifying bond is given to a sheriff who fears to proceed 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 bond. A bond for the payment of a penal sum conditioned to be void if the obligor shall indemnify and save harmless the obligee against some anticipated loss or liabil ity.—Indemnity contract. A contract be tween two parties whereby the one undertakes and agrees to indemnify the other against loss or damage arising from some contemplated act on the part of the indemnitor, or from some re sponsibility assumed by the indemnitee, or from the claim or demand of a third person, that is, to make good to him such pecuniary damage as he may suffer. See Wicker v. Hoppock, 6 Wall. 99, 18 L. Ed. 752.—Indemnity lands. Lands granted to railroads, in aid of their construc tion, being portions of the public domain, to be selected in lieu of other parcels embraced with in the original grant, but which were lost to the railroad by previous disposition or by reserva tion for other purposes. See Wisconsin Cent. R. Co. v. Price County, 133 U. S. 496, 10 Sup. Ct. 341, 33 'L. Ed. 687; Barney v. Winona & St. P. R. Co., 117 U. S. 228, 6 Sup. Ct 654, 29 D. Ed. 858; Altschul v. Clark, 39 Or. 315, 65 Pac. 991.

INDEMPNIS.

The old form of writing Townsh. PI. 19. So, indempni

indemnis.

ficatus for indemniflcatus.

INDENIZATION. 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. See U. S. r. Irwin, 26 Fed. Cas. 546. 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