Indemnity

That which is given to a person to prevent his suffering damage. 2 Mc Cord (S. C.) 279. Security to save harmless. A contract whereby one party agrees to secure another against an anticipated loss or damage, and the liability under which is coterminous with the liability it is intended to cover. 53

That which Is given to a person to prevent his suffering damage. Peck V. Wakely, 2 Mc Cord (S. C.) 279. It is a rule established in all just governments that when private property is required for public use. Indemnity shall be given by the public to the owner. See Eminent Domain, Contracts made for the purpose of indemnifying a person for doing an act for which he could be Indicted, or to compensate a public officer for doing an act which is forbidden by law, or for omitting to do one which tho law commands, are absolutely void. But when the agreement with an oflicer was not to induce him to neglect his duty, but to test a legal right, as to indemnify him for not executing a writ of execution, it was held to be good; 1 Bouvler, Inst. n. 780. In general, a mere promise of indemnity to a third person is not within the statute of frauds; [1894] 2 Q. B. 885, 19 L. R. Eq. 198; George v. Hoskins (Ky.) 30 S. W. 406; Boyer v. Soules, 105 Mich. 81, 62 N. W. 1000; and this rule applies to a promise to indemnify the surety on a liquor-dealer’s bond; Smith* v. Delaney, 64 Conn. 264, 29 Atl. 496, 42 Am. St. Rep. 181; to a contract of agency, by which the agent agrees to be responsible for the nonpayment of debts which may thereafter become due by others; 69 L. T. N. S. 354; to counted; Jones v. Bacon, 145 N. Y. 446, 40 N. E. 216; and to a verbal promise of A to B to Indemnify him if he will become surety for 0 for a debt of the latter to D; Mlnlck V. Huff, 41 Neb. 516, 69 N. W. 795. But it Is held In Illinois, that a guarantee of Indemnity to a surety Is within the statute; Waterman v. Pesseter, 45 111. App. 155. See Guaranty; Suretyship; Insurance.

An indemnity is a collateral contract or assurance, by which one person engages to secure another against an anticipated loss or to prevent him from being 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, 48 Pac. 1115; Vandiver v. Poliak, 107 Ala. 547, 19 South. 180, 54 Am. St. Rep. 118; Henderson-Achert Lithographic Co. v. John Shillito Co., 64 Ohio St 236, 60 N. E. 295, 83 Am. St Rep. 745. Thus, in-suranco 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 compensation given to make the person whole from a loss already sustained; as where the government gives indemnity for private property taken by it for public use. A legislative act, assuring a general dispensation from punishment or exemption from prosecution to persons involved in offenses, omissions of official duty, or acts in excess of authority, is called an indemnity; strictly it is an act of indemnity.

— Indemnity bond. A band 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 liability .

— Indemnity contract. A contract between 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 responsibility 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 Li. Ed. 752,

— Indemnity lands. Lands granted to railroads, in aid of their construction, being portions of the public domain, to be selected in lieu of other parcels embraced within the original grant, but which were lost to the railroad by previous disposition or by reservation for other purposes. See Wisconsin Cent. R. Co. v. Price County, 133 U. S. 496, 10 Sup. Ct. 341, 33 I,. Ed. 687; Barney v. Winona & St. P. R. Co., 117 U. S. 228, 6 Sup. Ct. 654, 29 In Ed. 858; Altschul v. Clark, 39 Or. 315, 65 Pac. 991.

An indemnity is a collateral contract or assurance, by which one person engages to secure another against an anticipated loss, or to prevent him from being damnified by the legal consequences of an act or forbearance on the part of one of the parties or of some third person. Thus, insurance 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 compensation given to make the person whole from a loss already sustained; as where the government gives indemnity for private property taken by it for public use. A legislative act, assuring a general dispensation from punishment or exemption from prosecution to persons involved in offenses, omissions of official duty, or acts in excess of authority, is called an indemnity; strictly it is an act of 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.

v. Bill, II. 2.