Legal Term Dictionary

The privilege of those persons (such as foreign ministers) who, though temporarily resident within a state, are not subject to the operation of its laws.

The privilege of those persons (such as foreign ministers) who, though temporarily resident within a state, are not subject to the operation of its laws. Less...

Lat. A foreigner or alien; one born abroad. The opposite of civis. Exterus non habot terras. An alien holds no lands. Tray. Lat Max. 203.

Lat. A foreigner or alien; one born abroad. The opposite of civis. Exterus non habot terras. An alien holds no lands. Tray. Lat Max. 203. Less...

Extinguished. A rent is said to be extinguished when it is destroyed and put out. Co. Litt. 147b. See EXTINGUISHMENT. Extincto subjecto, tollitur adjunctum. When the subject is extinguished, the incident ceases. Thus, when the business for which a partnership has been formed is completed, or brought to an end, More...

Extinguished. A rent is said to be extinguished when it is destroyed and put out. Co. Litt. 147b. See EXTINGUISHMENT. Extincto subjecto, tollitur adjunctum. When the subject is extinguished, the incident ceases. Thus, when the business for which a partnership has been formed is completed, or brought to an end, the partnership itself ceases. Inst. 3, 26, 0; 3 Kent Comm. 52, note. Less...

The destruction or cancellation of a right, power, contract, or estate. The annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 0. For the distinction between an extinguishment and passing a right see 2 Share. Bl. Comm. 325, note. "Extinguishment" More...

The destruction or cancellation of a right, power, contract, or estate. The annihilation of a collateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 0. For the distinction between an extinguishment and passing a right see 2 Share. Bl. Comm. 325, note. "Extinguishment" is sometimes confounded with "merger," though there is a clear distinction between them. "Merger" is only a mode of extinguishment and applies to estates only under particular circumstances; but "extinguishment" is a term of general application to rights, as well as estates. 2 Crabb, Real Prop, p, 367, f 1487. -Extinguishment of common. Loss of the right to have common. This may happen from various causes.-Extinguishment of copyhold. In English law. A copyhold is said to be extinguished when the freehold and copyhold interests unite in the same person and in the same right which may be either by the copyhold interest coming to the freehold or by the freehold interest coming to the copyhold. 1 Crabb, Real Prop. p. 670, | 864.-Extinguishment of debts. This takes place by payment; by accord and satisfaction: by novation, or the substitution of a new debtor; by merger, when the creditor recovers a judgment or accepts a security of a higher nature than the original obligation; by a release; by the marriage of a feme sole creditor with the debtor, or of an obligee with one of two joint obligors; and where one of the parties, debtor or creditor, makes the other his executor.-Extinguishment of rent. If a person have a yearly rent of lands, and afterwards purchase those lands, so that he has as good an estate in the land as in the rent, the rent is extinguished. Termes de la Ley; Cowell; Co. Litt. 147. Rent may also be extinguished by conjunction of estates, by confirmation, by grant, by release, and by surrender. 1 Crabb, Real Prop. pp. 210-213, s 209.-Extinguishment of ways. This is usually effected by unity of possession. As if a man have a way over the close of another, and he purchase that close, the way is extinguished. 1 Crabb, Real Prop. p. 341, | 384. Less...

In English law. A species of destruction or waste, analogous to estrepement See ESTREPEMENT.

In English law. A species of destruction or waste, analogous to estrepement See ESTREPEMENT. Less...

A judicial writ, either before or after judgment, that lay against a person who, when a verdict waa found against him for land, etc., maliciously overthrew any house or extirpated any trees upon it. Reg. Jud. I3, 56.

A judicial writ, either before or after judgment, that lay against a person who, when a verdict waa found against him for land, etc., maliciously overthrew any house or extirpated any trees upon it. Reg. Jud. I3, 56. Less...

In old records. To grub woodland, and reduce it to arable or meadow; "to stock up." Cowell.

In old records. To grub woodland, and reduce it to arable or meadow; "to stock up." Cowell. Less...

A technical word used in indictments for extortion. It is a sufficient averment of a corrupt intent, in an indictment for extortion, to allege that the defendant "extorsively" took the unlawful fee. Leeman v. State. 35 Ark.. 438, 37 Am. Rep. 44.

A technical word used in indictments for extortion. It is a sufficient averment of a corrupt intent, in an indictment for extortion, to allege that the defendant "extorsively" took the unlawful fee. Leeman v. State. 35 Ark.. 438, 37 Am. Rep. 44. Less...

The natural meaning of the word "extort" is to obtain money or other valuable thing either by compulsion, by actual force, or by the force of motives applied to the will, and often more overpowering and irresistible than physical force. Com. v. O'Brien, 12 Cush. (Mass.) 90. See EXTORTION. Extortio More...

The natural meaning of the word "extort" is to obtain money or other valuable thing either by compulsion, by actual force, or by the force of motives applied to the will, and often more overpowering and irresistible than physical force. Com. v. O'Brien, 12 Cush. (Mass.) 90. See EXTORTION. Extortio est crimen quando quis colore officii extorquet quod non est debitum, vel supra debitum, vel ante tempus quod est debitum. 10 Coke, 102. Extortion is a crime when, by color of office, any person extorts that which is not due, or more than is due, or before the time when it is due. Less...

Any oppression by color or pretense of right, and particularly the exaction by an officer of money, by color of his office, either when none at all is due, or not so much is due, or when it is not yet due. Preston v. Bacon, 4 Conn. 480. Extortion consists More...

Any oppression by color or pretense of right, and particularly the exaction by an officer of money, by color of his office, either when none at all is due, or not so much is due, or when it is not yet due. Preston v. Bacon, 4 Conn. 480. Extortion consists in any public officer unlawfully taking, by color of his office, from any person any money or thing of value that is not due to him, or more than his due. Code Ga. 1882. 5 4507. Extortion is the obtaining of property from another, with his consent induced by wrongful use of force or fear, or under color of official right. Pen. Code Cal. s 518; Pen. Code Dak. s 608. And see Cohen v. State, 37 Tex. Cr. R. 118, 38 S. W. 1005; U. S. v. Deaver (D. C.) 14 Fed. 597; People v. Hoffman, 126 Cal. 366, 58 Pac. 856; State v. Logan, 104 La. 760, 29 South. 336; People v. Barondess, 61 Hun, 571, 16 N. Y. Supp. 486. Extortion is an abuse of public justice, which consists in any officer unlawfuly taking, by 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 money by any officer, by color of his office, when none, or not so much, is due, or it is not yet due. 1 Hawk. P. C. (Curw. Ed.) 418. It is the corrupt demanding or receiving by a person in office of a fee for services which should be performed gratuitously; or, where compensation is permissible, of a larger fee than the law justifies, or a fee not due. 2 Bish. Crim. Law, | 390. The distinction between "bribery" and "extortion" seems to be this: the former offense consists in the offering a present or receiving one, if offered; the latter, in demanding a fee or present, by color of office. Jacob. For the distinction between "extortion" and "exaction," see EXACTION. Less...