Page:Black's Law Dictionary (Second Edition).djvu/651

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INSURANCE

become members of the association and contribute either cash or assessable premium notes. or bo to II. common fund. out of which each is entitled to indemnity in case *. My- gatt v. Insurance Co ' i. . Y. insurance Co. v. Huge. 21 How 16 L Ed. (2 ; Given v. Rettew. 162 Pa. 63.3, At], 703. A "stock" company is one organized according to the usual form of business corporations. having a capital stock divided into shares, which, with current income and accumulated surplus. constitutes the fund for the myment of losses, policy-holders paying fixed pre-miiimi and not being members of the iissociation unless they also happen to be stockholder-s.—!:isu.i-n.nce policy. See I'oLIcr.—0vex-—insurance. In- IS\ll'ilnI:‘e effected upon property. either in one or several companies, to an amount Wllltli, separately or in the aggregate. exceeds the actual value of the property.—Rein.surnn5:e. insurance of an insurer; a contract by which an insurer procure: a third person (usually an- other insurance company) to insure him against loss or liability by reason or the original insurance. Civ. Code Cal. (246: Insurance Co. v. Insurance C0,. 38 Ohio St. 15. ‘J3 Am. Rep. 4.13.

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INSURE. To engage to indemnify :1 person against pecuniary loss from specified perils. To act as an nisurer.

INSURED. The person who obtains insurance on his property, or upon whose life an insurance is effected.

INSURER. The underwriter or insurance company with whom a contract of insuiance in niiide.

The person who undertakes to indemnify mother by a contract of insurance is called the "insurer," and the person indemnified is called the ‘‘Insured. Civil Code Cal. § 2538.

INSURGENT. One who participates in an insurrection; one who opposes the execution of law by force of arms, or who rises in revolt against the constituted authorities.

A distinc on is often taken between "insurgent" and "rebel," in this: that the former term is not necessarily to be taken in a bad sense. inasmuch as an insurrection. though exiraiegal, may he just and timely in itself; as iVll('l‘E it is undeitiikeu [or the overthrow of tyranny or the reform of gross abuses. According to Webster, an insiirrection is an icnipient or early stage of a. rebellion.

INSURRECTION. log of citizens or subjects in res their government See INsniioEN'r.

Insurrection shall consist in any coinbined resistance to the Lrwfni authority of the state, with iiitint to the denial thereof, when the some is manifested, or intended to be manifested, by acts of vlolence. Code Ga. 1882, § 4315. And see Allegheny County v. Gibson. 90 Pu. 417. 35 Am. Rep. (370: Boon v. Etna Ins. Co., 40 Conn. 584; In re Charge to Grand Jury (D. C.) 62 Fed. 830.

A rebellion, or ristance to

INTAKERS. In old English law. A kind (ll thieves inhabiting Redesdale. on the extreme northern border of England; so called because they toalr in or received such hootios of cattle and other things as their

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IN TEN DANT

accomplices, who were called "outp:irters," brought in to them from the borders of soot- land. Spelinan; Cuivell.

INTAKES. '1eniporary inclosures m.ule by customary tenants of a manor under a special custom authorizim them to inclose part of the waste until one or more cr ps have been raised on it. '

Elton, Common. - INTANGIBLE PROPERTY. Used Chief- ly in the law of taxation, this term means such property as has no intrinsic .inil tu.ii-- ketable value, but is merely the representative or evidence of value, such as certitluites of stock. bonds. promissory notes, and irocnliises. See Western Union Tel. 00. v. I\'orman (C. 6.) 77 Fed. 26.

INTEGER. Lat. Whole; untouched. Res into:/ra means a question which Is new and undeifidcd. 2 Kent, Comm. 177.

INTEGRITY. As otcasionnlly used in statutes prescribing the qualifications of pub- lic ol'l:iL-ers, trustees, etc.. this term means soundness of moral principle and character, as shovsn by one person dealing with others in the making and performance of (:ontr.iL-ts, and fidelity and honesty in the disthargc of trusts; it is synonymous with ‘probity." ‘‘honesty, and "uprightness" In re Bau- quicr's Estate. 88 Cal. 302, Pac. 178; In re Gordon"s Estate, 142 Cal R Pac. o 2.

INTELLIGIBILITY. In pic.'1i1i.L\g. The statement of matters of fact directly (ex- cluding the necessity of inference or argu- ment tu arrive at the meaning) and in such appropriate teiins, so arranged, as to be comprehensible by a person of common or ordinary understanding. See Merrill v. Everett, 38 Conn. 48; Davis r. Trump. 43 W. Va. 191, 27 S. E. 397. 64 Am. St. Rep. 849; Jennings v. Strite, 7 Tex. App. 338: Ash v. Purnell (Com. Fl.) 11 N. Y. Supp. 54.


INTEMPEBANCE. Habitual lntempcr- ance is that degree or tuteiniiei-once from the use of intoxicating drinks which dis- quzilifies the person a great portinii of the tiiue from properly attending to business. or which would reasomilily lnfiict a course of great mental anguish upon an iunotent piirty. Clv. Code Cal. 5 106. And see Mowrv v. Home L. Ins. Co.. 9 R. I. 3'15. Zeigler v. Com. (Pin) 14 At]. 238; Tatum v State, 03 Ala. 1-19; Elkins v. Buschner (Pa) 16 AU. 10-1.

INTEND. To design. resolve. purpose. To apply a rule of low in the nature of presumption; to discern and follow the probabilities of like cases.

INTENDANT. One who has the charge. management, or direction of some office, department, of public business.

Used in the coiistitiitiomtl and snitutory law of some Eiiropean governments to designote I1 principal officer of state correspond-

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