Page:Black's Law Dictionary (Second Edition).djvu/480

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


v. Alexander 109 IA. 557, 33 South. 600; U. S. v.wiiuams,éa Fed. Cas. ('A3.—l-Ixtrajndieinl oath. Une taken not in the course of judicial proceedings, or taken without any authority of inw, though taken formnily before a proper pen

€n.76EI.ilte v. Scntena, 84 Minn. 2:51, 87 N.

EXTRALATERAL RIGHT. In mining in“ '1he right of tile onuer of I1 iniuing L‘l:llIll duiy located on the public domain to toiloir, und mine, any vein or iode the apex of \\hich lies within the boundaries or his iocntion on the surface, the course of the vein on its dip or dbwnwnrd direction may so far depart from the perpendlcuiar as to extend beyond the planes wbich wouid be formed by the vertirai extension downwards of the side lines of his location. See Rev. Stat. U. S. 5 2322 (U. S. Comp. St. 1901, p. 1423).

EXTRANEUS. In old English law. One foreign born; a foreigner. 7 Coke, 16.

In Roman law. An heir not born in the fainiiy of the testator. Those of a foreign state. The same as «menus. Vicat; Du Cange.

Ext:-an.e\u est aubditns and extra terrain, 1. 0., pntestatem ragis nntnl est. 7 Coke, 16. A toreiguer is a subject who is born out of the territory, 4. e., government of the king.

EXTRAORDINARY. Out of the ordi-

nary; exceeding the usual. average or normai measure or degree. —]-Jxtraordinary average. A contribution by aii the parties concerned in a mercanthe voyage, either as to the vessei or cargo, toward a ioss sustained by some at the parties in interest for the benefit of oil. Wilson v. Cross, 33 Cui. 69.—Eztx-nordinnz-y care is synonymous with greatest care, utmost care, highest degree of cure. Itnjiroad CO. v. Bnddeley, 54 Iii. 2-1, 5 Am Rep. 71: Itaiiwny Co. v. Cousler. 97 Aia. 235, 12 South. 439. See OAJIE; Dru- anxcn; I\‘noLmaNca.—]-Jxtraordinary reme- iien. The writs of mandamus, qua warrunio, llabean corpus, and some others are sometimes called "extraordinary remedies," in contradis- uinciion to the ordinary remedy by action.

EXTRAPAROCHIAL. Out of a pari.:h; not within the bounds or limits of any punsh. 1 Bl. Comm 113, 284.

EXTRA-TERRITORIALITY. The ex- lra-teiritorinl operation of laws; that is, rheir operation upon persons, rights, or jurnl reiations, existing beyond the limits or the enacting state, but stili arnenabie to its laws.

EXTRAVAGANTES. In canon law. Those decretal epistles which were publish- so after the Clemeutines. They were so tail- ed because at first they were not digested or arranged with the other papal constitutions, but seemed to be, as it were. detached from the canon law They continued to be called



by the same name when they were after- wards inserted in the body of the canon law. The first extravagautcs are those of Pope John XXIL, successor of Clement v. The last coliection was brought down to the year 1483. mid was called the "Common Extrav- n:r:mtes," notwithstanding that that were likewise incorporated with the rest of the conon law. Enc. Loud.

EXTREME CRUELTY. In the law ot diiorce. The infiiction of grievous bodily harm or grievous mental suffering. Civ. Code Cai. 1903, § 94. Either per:-unal vio- ience or the reasonnbie apprehension there of, or a systematic course or iii treotuieat nfiecting health and endangering iil'e. l\Iorris v. Morris, 14 Cal. '79, 13 Am Dec. ($15: Harintt v. Harratt, 7 N. II. 198. 24: Am. Dec 730; Carpenter v. Carpenter. 30 Kan. 712, 2 Pan. 122. 46 Am. Rep. 108. Any conduct constituting aggrarnted or inhuman ill-tret1t- ment. having regard to the physical and temperamental constitution of the parties and all the surrounding circumstances. Donald v. Donald, 21 Fla. 573; Binin v. Blain, 45 Vt. 544; Poor v. Poor, 3 N. H. 315. 29 Am. Dec. 664.

EXTREME HAZARD. To constitute extreme hazard, the situation of a vessel must be such that there is imminent danger of her being lost, notwithstanding all the means that can be appiied to get her ott. King v. Hartford Ins. Co., 1 Conn. Q1.

EXTREMIS. When a person is sick be yond the hope of recovery, and near death, he is said to be in. eztremis.

Ext:-emis probatis, praeaumuntur media. Extremes being proved, intermedi- ate things are presumed. Tray. Lat. Max. 207.

EXTRINSIC. sources : dchors. see Evmnzvcn.

Foreign; from outside As to extrinsic evidence,

EXTUMIE. In old records. Reiics


1-IXUERE PATRIAM. To throw off or renounce one’s country or native ailegiancez to expatriate one‘s self. Phiilirn. Dom. 18.

EXULARE. In old English law. To exile or banish. Nullus lrllzer homo, emulator, msi, etc. no freeman shali be exiied,, etc. l\iugua Charts, c. 29; 2 Inst. 47.

EXUPERARE. To overcome; hend or take. Leg. Edm. c. 2

t0 B.DDl'E

{{anchor+|.|BY. A watery pince: water. Co. Litt. 6.

HYDE. Aid; assistance; relief. A sub-