Compensation

indemnificatien; payment of damages; making amends; that which is necessary to restore an injured party to his former position. Anact which a court orders to be done, or money which a court orders to be paid, by a person whose acts or aified may receive equal vatue for his loss, or be made whole in respect of his injury. Also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected by the operations of companies exercising the power of eminent domain. ¢ In the constitutional provision for “just compensation” for property taken under the power of eminent domain, this term meansa payment in money. Any benefit to the remaining property of the owner, arising from public works for which a part has been taken, cannot be considered as compensation.

42 Ala. 88.

As compared with consideration and damages, compensation, in its most careful use, seems to be between them. Consideration is amends for somevhing given by consent, or by the owner's choice. Damages is amends exacted from a wrong-doer for 8 tort. Compensation is amends for something which was taken without the owner’s choice, yet without commission of a tort. Thus, one should say, consideralionu for land sold; compensation for land taken for arailway; damages for a trespass. But such distinctions are notuniform, Land damages is a common expression for compensation for lands taken for public use.

Abbott.

The word also signifies the remuneration or wages given to an employe or officer. But it is not exactly synonymous with “salary.”

See 76 Il]. 548.

In the civil, Scotch, and French law. Recoupment; set-off. The meeting of two debts due by two parties, where the debtor in the one debt is the creditor in the other; that is to say, where one person is both debtor and credilur to another, and therefore, to the extent of what is due to him, claims allowance out of the sum that he is due.

Bell; 1 Kames, Eq. 895, 396.

Compensation is of three kinds,—legal, or by operation of law; compensation by way of exception, and by reconvention.

16 La. Aun. 181.