Page:Black's Law Dictionary (Second Edition).djvu/478

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EXTERRITORIALITY

dinarily he shown in order to reduce the punishment or damages.

EXTERRITORIALITY. The pririiege of those persons (such as foreign ministers) who. though temporarily resident within a state, are not subject to the operation of lts inws.

EXT]-JRUS. Lat. A foreigner or aiien; one born abroad The opposite of civis.

Exter-us non lanbet terras. An alien holds no lands. Tray. Lat. Max. 203.

EXTINCT. Extingnished. A rent issaid to be extinguished when it is destroyed and put out. Go. Litt. 14717. See EXTINOD1SH- iimivr.

Extineto Iubjecto, tollitur adjunctum. When the subject is extinguished, the Incident ceases. Thus, when the business for nhlch a partnership has been formed is eompieted, or brought to an end, the part- nership itself ceases. Inst. 3, 26, 6; 3 Kent. Comm. 5‘; note.

EXTINGUISHMENT. The destruction or cancellation of a right. I)ower. contract. or estate. The annihilation of u coliaterai thing or subject ln the subject itself out of which it is derived. Prest. More. 9. For the distinction between an extinguishment and passing a right, see 2 Shars. Bl. Comm. note.

“Exringuislu:nent" is sometimes confounded with "merger," though there is a eienr distinction bctvieen them. “3\lerger" is only a mode nf extinguishment, nnd amiiies to estates only under pnrticuiar circumstances: but “extin- guishment" is a term of gznernl npplination to nights, as weii as eststa. 2 Crabh, Reai Prop.

1. 367. 5 1-187.

—Extinguisliment of common. Loss of the right to bave common. This may happen from vnrinus causes —Extinguisluuent of copy- hold. In English law. A copyhoid is said to he extins sited when the freehoid and romhoid interests site in the same person and in the same right, which may be either by the copy- hnlrl interest coming to the freehold or by the fl"(‘L'i\0i(i intiri-st (-m-ning to the ruiwbnld. 1 Cruhb. Real Prop. p, G70. § 3G4.—Extingnish- ment of debts. This takes piaee by payment; by accord and satisfaction: by novution. or the substitution of a new debtor: by merger, when the creditor recovers a judgment or so- ra.-nts a srrurity of 9. higher nature than the m-iginai obiieation; by a reiease: by the marrin::c of a lame mic creditor viit‘h the debtor, or of an ohiigec uith one of two joint ohiigors; and “here one of the parties, dcbtur or credit- or. ma.l;es the other his executor.—Ezt:ingnish-. ment of rent, if a person have a yeuriy rent of lands, and afterwards purchase those lands, so tb-at he hits as good an estate in the land as in the rent, the rent is extinguished. Termes de in Ley; : C0. Litt 147. itent may also be extinguished by conjunction of estates, by conlirnnition, by gran by reiease, and by surrender. 1 Crabh, Hen Prop. pp. 2iLL21s_ § 2IV.).—]-Jxtinguislsment of ways.

his is usnaily oilucu-Ll by unity of possession. \s if u man have 11, way over the close of an-

470

EXTORTION

other, and he purchase that close, the way is gggnguished. 1 Crnbh, Real Prop. p. 341. I

EXITRPATION. In English law. A species of destruction or waste, anaiogous to estrepement. See Esrssenunnr.

EXTIRPATIONE. A judicial Writ, either before or after judgment, that iay against a person who, when a verdict was found against him for land, etc., inaiiciousi: overthrew any house or extirpated any trees npon lt. Reg. Jud. 13, 56.

BXTOCARE. in old records. To grub woodiand, and reduce it to arable or mead- ow; “to stock up." Cowell.

ILXTORSIVELY. A technicui word used in indictments for extortion.

It is a sufficient arerment of a corrupt intent, in mi indictment for extortion, to allege that the defendant “extorsirely" took the uniuwfui fee. Leeinan v. State, 35 Ark. 438. 37 Am. Rep. 44.

EXTORT. The natural meaning of the word “extort" is to obtain money or other valuable thing either by cnnipulsion, by actual force, or by the force of motives applied to the “iii, and often more oreriioiveriiig and irres stlbie than 1IiI_\Si[‘§)1 force. C0111. v. O'Brien, 12 Cash. (Ma:ss.) 90. See Ex- 'ron-non.

Extortiu est erimen quamlo quis colors oflieii extorquet quod non est debitiun. vel supra debitum. vel ante tempus quad est debitum. 10 Coke, 102. Extortion is a crime when, by color of office, any person extorts that which is not due, or moisthan is due, or before the time when it is due.

EXTORTION. Any oppression by color or pretense of right, and narticuiurly the ex- action by an officer of money, by coior or his ofljce. either when none at ni.l is due, or not so much is due, or when it is not yet due. Preston 1'. Bacon. 4 Penn. 4S0.

Extortion consists in any [nil-iic ofi-leer un- lawfully taking, by roinr of his office, from any person any money or thing: of value that is not due to him, or more than his due. (‘ode Ga. 1882. § 4507.

Extortion is the obtaining of Iiroperly from another, with his consent. induced by wrungfui use of force or fear, or under coior of nfliciai right. Pen. (‘ode Cai. § 518; Pen. Code Dak. § 603. And see Cohen v. State. 37 Tex. Cr. R. US. 38 S. W. 1005: U v Deaver (D. C.) 14 Fed. 597; People v. ]I(rfi'- man, 126 Cal. 366. 58 Pac. 856; State 5'. Logan, 104 La. 760, 2'.) South. 336; People v. Barondess, 61 Hun, 571. 16 N. Y. Supp. 436.

Extortion is an abuse of public justice, which

consists in any officer unluwfuly taking, by