Legal Term Dictionary

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...

A Latin preposition, occurring in many legal phrases; it means beyond, except without, out of, outside. -Extra allowance. In New York practice. A sum in addition to costs, which may, in the discretion of the court, be allowed to the successful party in cases of unusual difficulty. See Hascall v. More...

A Latin preposition, occurring in many legal phrases; it means beyond, except without, out of, outside. -Extra allowance. In New York practice. A sum in addition to costs, which may, in the discretion of the court, be allowed to the successful party in cases of unusual difficulty. See Hascall v. King, 54 App. Div. 441, 06 N. Y. Supp. 1112.-Extra costs. In English practice. Those charges which do not appear upon the face of the proceedings, such as witnesses' expenses, fees to counsel, attendances, court fees, etc, an affidavit of which must be made, to warrant the master in allowing them upon taxation of costs. Wharton.-Extra feodum. Out of his fee; out of the seigniory, or not holden of him that claims it Co. Litt. 16; Reg. Orig. 97b.-Extra judicium. Extrajudicial; out of the proper cause; out of court; beyond the jurisdiction. See EXTRAJUDICIAL. -Extra jus. Beyond the law; more than tbe law requires. In jure, vel extra jus. Bract, fol. 1695.-Extra legem. Out of the law; out of the protection of the law.-Extra praesentiam mariti. Out of her husband's presence.-Extra quatuor maria. Beyond the four seas; out of tbe kingdom of England. 1 Bl. Comm. 457.-Extra regnum. Out of the realm. 7 Coke, 16s; 2 Kent, Comm. 42, note. -Extra services, when used with reference to officers, means services incident to the office in question, but for which compensation has not been provided by law. Miami County v. Blake, 21 Ind. 32.-Extra territorium. Beyond or without the territory. 6 Bin. 353; 2 Kent, Comm. 407.-Extra viam. Outside the way. Where the defendant in trespass pleaded a right of way in justification, and the replication alleged that the trespass was committed outside the limits of the way claimed, these were the technical words to be used.-Extra vires. Beyond powers. See ULTRA VIRES. Extra legem positus est civiliter mortuus. Co. Litt. 130. He who is placed out of the law is civilly dead. Extra territorium jus dieenti impune non paretur. One who exercises jurisdiction out of his territory is not obeyed with impunity. Dig. 2, 1, 20; Branch, Princ.; 10 Coke, 77. He who exercises judicial authority beyond his proper limits cannot be obeyed with safety. Less...

A portion or fragment of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings in an action carried on before the court and of the judgment pronounced; containing also an order for execution or proceedings thereupon. Jacob; Whishaw.

A portion or fragment of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings in an action carried on before the court and of the judgment pronounced; containing also an order for execution or proceedings thereupon. Jacob; Whishaw. Less...

In old English law. The issues or profits of holding a court, arising from the customary fees, etc.

In old English law. The issues or profits of holding a court, arising from the customary fees, etc. Less...

The surrender of a criminal by a foreign state to which he has fled for refuge from prosecution to the state within whose jurisdiction the crime was committed, upon the demand of the latter state, in order that he may be dealt with according to its laws. Extradition may be More...

The surrender of a criminal by a foreign state to which he has fled for refuge from prosecution to the state within whose jurisdiction the crime was committed, upon the demand of the latter state, in order that he may be dealt with according to its laws. Extradition may be accorded as a mere matter of comity, or may take place under treaty stipulations between the two nations. It also obtains as between the different states of the American Union. Terllnden v. Ames, 184 U. S. 270, 22 Sup. Ct 484, 46 L. Ed. 534; Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct 1016, 37 L. Ed. 905. Extradition between the states must be considered and defined to be a political duty of imperfect obligation, founded upon compact, and requiring each state to surrender one who, having violated the criminal laws of another state, has fled from its justice, and is found in the state from which he is demanded, on demand of the executive authority of the state from which he fled. Abbott Less...

In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called "paraphernal property." Civ. Code La. art. 2315. Fleitas v. Richardson, 147 U. S. 550, 13 Sup. Ct 495, 37 L. Ed. 276.

In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called "paraphernal property." Civ. Code La. art. 2315. Fleitas v. Richardson, 147 U. S. 550, 13 Sup. Ct 495, 37 L. Ed. 276. Less...

In the law of insurance. Characterized or attended by circumstances or conditions of special and unusual danger. Reynolds v. Insurance Co., 47 N. Y. 597; Russell v. Insurance Co., 71 Iowa, 69, 32 N. W. 95.

In the law of insurance. Characterized or attended by circumstances or conditions of special and unusual danger. Reynolds v. Insurance Co., 47 N. Y. 597; Russell v. Insurance Co., 71 Iowa, 69, 32 N. W. 95. Less...

In old English law. An animal wandering or straying about, without an owner; an estray. Spelman.

In old English law. An animal wandering or straying about, without an owner; an estray. Spelman. Less...

That which is done, given, or effected outside the course of regular judicial proceedings; not founded upon, or unconnected with, the action of a court of law; as extrajudicial evidence, an extrajudicial oath. That which, though done in the course of regular judicial proceedings, is unnecessary to such proceedings, or More...

That which is done, given, or effected outside the course of regular judicial proceedings; not founded upon, or unconnected with, the action of a court of law; as extrajudicial evidence, an extrajudicial oath. That which, though done in the course of regular judicial proceedings, is unnecessary to such proceedings, or interpolated, or beyond their scope; as an extrajudicial opinion, (dictum.) That which does not belong to the judge or his jurisdiction, notwithstanding which he takes cognizance of it. -Extrajudicial confession. One made by the party out of court, or to any person, official or otherwise, when made not in the course of a judicial examination or investigation. State v. Alexander. 109 La. 557, 33 South. 600; U. S. y. Williams, 28 Fed. Cas. 643.-Extrajudicial oath. One taken not in the course of judicial proceedings, or taken without any authority of law, though taken formally before a proper person. State v. Scatena, 84 Minn. 281, 87 N. W. 764. Less...