Indemnity

^ 1.

Compensation for a loss sustained. S. An engagement to make good loss that may be sustained: a bond of indemnity.' > See Cooley, Const. Lim, 748; 2 Whart. Cr. L. §§ 2386, 2.544; 2 Chitty, Cr. L. 42; 1 Kuss. Cr. 326; 2 S. & E. *91; 128 Mass. 52; 2 C. & K 9a3. » United States v. Smith, 11 F. E. 663, 665 (188S), Barr, District Judge. 3 United States v. Lof tis, 12 F. E. 671 (18S2), Deady, J. « Mc Junkins v. State, 10 Ind. 145 (1858), Hanna, J. See Jennings v. State, 16 id.

335 (1861); Ardery v. State, 56 id.

328 (1877). s Van Houten v. State, 46 N. J. L. 17 (1884), Beasley, Chief Justice. •Mitchell V. Work, 13 E. I. 646 (1882), cases. ' Seller v. Jenkins, 97 Ind. 430 (1834), cases, 6 L. indemnitas; in-demnis, unharmed, free from dammlm, hurt, loss.

Indemnify.

To compensate for loss, sustained or anticipated.

Indemnitor.

He who undertakes to protect another from loss that may be incurred on account of an act or action by the latter in behalf of the former. Opposed, indemnitee.! Property insurance is a contract for indemnity. Officers selling personalty, under executions, require bonds of indemnity against damages recoverable for trespass.'^ Persons who distribute trust moneys require bonds for pj-o rata repayment in the event of unexpected claims arising; and settlements and wills may contain clauses of indemnity for the protection of executants. There is difference between an agreement to indemnify and an agreement to pay.^ See Damnum, Damniflcatus; Injunction; Insdhance; Surety.

3.

Statutes designed to relieve the occupant of an office who has failed to do some act necessary fully to qualify him for the discharge of the duties of the oflice, or to exempt from punishment persons guilty of offenses, have been called "acts of indemnity."

See Amnesty.