Page:Black's Law Dictionary (Second Edition).djvu/479

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EXTORTION

color of his office, from any man any money or thing of value that is not due to him, or before it is due. 4 Bl. Comm. 141.

Extortion is any oppression under color of right. In a. stricter sense, the taking Of DIODE! by any ollicer, by color of his office, when none, or not so much, is due, or it is not yet due. 1 Hawk. P. C. (Curw. Fld.) 4.18.

It is the corrupt demanding or l‘t'CEi\ing by a person in office of a fee for services which slmuid be performed gratuitously; o where compensation is permissibie, of a iarger fee than the law justifies, or a tee not due. 2 Dish. C-rim. Law, § .

The distinction between “bribery" and “extortion" seems to be this: the former offense consists in the offering a present, or receiving one, it oflered; the latter, in demanding a fee or present, by coior of office. Jacob.

For the distinction between and "exuctiun," see Exacrmn.

“extortion"

EXTRA. A Latin preposition. occurring in many legal phrases; it means beyond, ex- cept, without. out of, outside.

—Extra. allowance. In New York practice. A sum in addition to costs, which may. in the discretion of the court. he nilouevl to ie suc- ('1.-ssful party in cases of nnusuni didicuitv. ilascnli v King, App. Div. 441. 66 N. Y. Supp. I1l...—Extra costs. in English prac- lice '1 hose charges which do not appear upon the fore of the proceedings, such ns witnesses’ expenses, fees to counsei. llttendauces, court fees. etc., an affidavit of which must be made, [0 warrant the master in allowing them upon tn.\'-.1tion of costs. Wh-1rton—-Extra feodum. Out of his fee; out of the sei;:ninr_r, or not hoidcn of him that claims it. . Litt. lb,‘ Reg. Orig. 97b.—l-Extra. judicilun. E).trajudi- ri : out of the proper cause: out of court: lmynnd the jurisdiction. See ExTnA:nmImu.. —-Extra jns. Beyond the iaw; more than the law requires. In jure, -oel ea.-tra ins. Brod: (oi. 16!)b.—Ext1-n legem. Out of the law; out of the ])l‘f‘t(-(‘tiDl:| of the luw.—!-Jxtra pne- aentiam mnriti. Out of her husband's pres- .-\ncc.—Exl:rn qnatuor maria. Beyond the

four seas; out of the kingdom of Flngiond. 1 Bi. Comni. — xtra reznum. Out of the realm. 7 Col. 1t‘ua-.' 2 Kent. Comm. 42, note.

—Exl:1-a services, when nswi with reference to ndicers. means services inddent to the office in question, but for which compensation has not been provided by imv. ]\[i:ur-.i County v. Blake, 3 Ind. 32.—Ext1-a. territoriiun. Beyond or uithout the territory. 6 Din. 353- 2 Kent, ("omm. 407.—Extz'a vinm. Outside the way. Where the defendant in t1-es)-uss picaded a ri--iit of way i justificatinn, and the replication alleged that the trespass was committed outside ihc iimlts of the way claimed, these were the technimi words to bo nscd.—]-Ixtra vii-en. Beyond powers. See ULTRA VIBES.

Extra Iegem positns est elviliter mortuus. Co. Litt. 130. He who is placed out of the law is civiily dc-id.

Extra territorium jus dioenti impune mm pnretur. One who exercises jurisdiction out at his territory is not ohcyed with impunity. Dig. 2. 1, 20: Branch, Princ.: 10 Coke, 77. He who exercises judiciai authority beyond his proper iimits cannot be obey- ed with safety.

EXTRACT. A portion or fragrnent of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings in

471

EXTRAJUDICIAL

on action carried on before the court, and of the judgment pronounced; containing also an order for execution or pl‘UCL‘.t(i.i!1gE there- upon. Jacob; Whisharw.

EXTRACTA CITRIIE. In old English inw. The issues or profits of hoiding 11 Court. arising from the customary tees, etc.

EXTRADITION. The surrender of n criminal by a foreign state to which he has fled for refuge from prosecution to the state within whose jurisdiction the ciilue was coniniitted, upon the demand of the iatter state, in order that he may be dealt with .113- cording to its laws. Extmdjuon may be accorded as a mere nmltcr of ('uu.\it_\, or may take place under treaty stipulations between the two nations. It also obtains as between the different states of the American Union. Teriindeu 1'. Aims, 134 U. S. 270. 22 Sup. Ct. 48-1, 46 L. Ed. 53-1: Fang Yue Ting v. U. S.. 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905.

_Extradiu'on between the states must be considered and defined to be a politicnl duty of imperfect obligation. founded upon compact, and requiring each state to surrender one who. having \in].-itvd the criminal laws of nnothcr state, has lied from its justice, and is found i the state from which he is demanded, on demand of the executive authority of the state [ruin which he fled. Abbott.

EXTRA-DOTAL PROPERTY. III Lou- isinna this term is used to designate that property which forms no part of the doun of a wonmn, and which is also called “p-lra- phcrnni piopcrty." Cir. Code La. art. 231.1. Fleitns v. Ricinirdsou, 147 U. S 550, 13 Sui). Ct. 495. 37 L. Ed. 276.

I-JXTRAIFIAZARDOUS. In the law or Lusui-ance. Characterized or nttemled hr - ciunstances or conditions of spatial and un- usuai danger. Reynolds v. Ins nce Co.. 47 N. Y. 597; Russ li v. Insnr-ince Co.. 71 Iowa, 69. 32 N. W. 95.

EXTRAHURA. In old English law. An animai wondering or straying about, without a.n owner; an estray. Spelman.

EXTRAJUDICIAL. That which is done, given, or effected outside the course of res- ular judiciai proceedings; not rounded upon, or unconnected with, the action of a court of law; as extrnjudiciai evidence. on extrnjudicini onth.

That win . though done in the course or reguiar jodiunl proceedings. is unnet-cssnrv to such proceedings, or interpolated, or heyond their scope; as an extrajudicial opin- ion. (dictum)

That which does not belong to the judge or his jurisdiction, notwithstanding which he takes cognizance of it.

—Extz-n,iud.icia1 confession. One made by the party out of court, or to any person, officisl or nthcrwisc, when made not in the course of a judicial examination or investigation. State

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