Blacks Law Dict. 1st ed

EXTINGUISHMENT OF KENT

465

EXTRA-JUDICIUM

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 cred itor, 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. Kent may also be extinguished by conjunction of es tates, by confirmation, by grant, by release, and by surrender. 1 Crabb, Real Prop, pp. 210-213, § 209. EXTINGUISHMENT OF WAYS. This is usually effected by unity of posses sion. 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. EXTIRPATION. In English law. A species of destruction or waste, analogous to estrepement. See ESTREPEMENT. EXTIRPATIONE. A judicial writ, ei ther before or after judgment, that lay against a person who, when a verdict was found against him for land, etc., maliciously overthrew any house or extirpated any trees upon it. Reg. Jud. 13, 56. EXTOCARE. In old records. To grub woodland, and reduce it to arable or meadow; "tostock up." Cowell. EXTORSIVELY. 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. 35 Ark. 433. EXTORT. The natural meaning of the word "extort" is to obtain money or other valuable thing either by compulsion, by act ual force, or by the force of motives ap plied to the will, and often more overpower ing and irresistible than physical force. 12 Cush. 90. Extortio est crimen quando quis colore offlcii extorquet quod non est debitum, rel 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. AM.DICT.LAW—30

EXTORTION. Any oppression by color or pretense of right, and particularly the ex action 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. 4 Conn. 480. Extortion consists in any public officer un lawfully 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, § 4507. Extortion is the obtaining of property from another, with his consent, induced by wrong ful use of force or fear, or under color of of ficial right. Pen. Code Cal. § 518; Pen. Code Dak. § 608. Extortion is an abuse of public justice, which consists in any officer unlawfully 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 of ficer, 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 compensa tion is permissible, of a larger fee than the law justifies, or a fee not due. 2 Bish. Crim. Law, §890. The distinction between "bribery" and "extor tion" seems to be this: the former offense consists in the offering a present, or receiving one, if of fered; the latter, in demanding a fee or present, by color of office. Jacob. For the distinction between "extortion" and "exaction," see EXACTION. EXTRA. A Latin preposition, occurring in many legal phrases; it means beyond, ex cept, without, out of, outside. 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-DOTAL PROPERTY. 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 "para phernal property." Civil Code La. art. 2315. EXTRA FEODUM. Out of his fee; out of the seigniory, or not holden of him that claims it. Co. Litt. 16; Reg. Orig. 976. E X T R A-JUDICIUM. Extrajudicial; out of the proper cause; outof court; beyond the jurisdiction. See EXTKAJUDICIAL.

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