Blacks Law Dict. 1st ed

466

EXTRA JUS

EXTRAORDINARY CARE

EXTRA JUS. Beyond the law; more than the law requires. In jure, eel extra jits. Bract, fol. 1696. EXTRA LEGEM. Out of the law; out of the protection of the law. Extra legem positus est civiliter mor tuus. Co. Litt. 130. He who is placed out of the law is civilly dead. EXTRA PRiESENTIAM MARITI. Out of her husband's presence. EXTRA QUATUOR MARIA. Beyond the four seas; out of the kingdom of Eng land. 1 Bl. Comm. 457. EXTRA REGNUM. Out of the realm. 7 Coke, 16a; 2 Kent, Comm. 42, note. EXTRA SERVICES, when used with reference to officers, means services incident to the office in question, but for which com pensation has not been provided by law. 21 Ind. 32. EXTRA-TERRITORIALITY. The ex tra-territorial operation of laws; that is, their operation upon persons, rights, or jural re lations, existing beyond the limits of the en acting state, but still amenable to its laws. EXTRA TERRITORIUM. Beyond or without the territory. 6 Bin. 353; 2 Kent, Comm. 407. Extra territorium jus dicenti impune non paretur. One who exercises jurisdic tion out of his territory is not obeyed with impunity. Dig. 2, 1, 20; Branch, Princ; 10 Coke, 77. He who exercises judicial author ity beyond his proper limits cannot be obeyed with safety. EXTRA VIAM. Outside theway. Where the defendant in trespass pleaded a right of way in justification, and the repli cation alleged that the trespass was commit ted outside the limits of the way claimed, these were the technical words to be used. EXTRA VIRES. Beyond powers. See ULTRA TIRES. EXTRACT. 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 j udgment pronounced; containing also an order for execution or proceedings thereupon. Jacob; Whishaw. EXTRACTA CURL2S. In old English law. The issues or profits of holding a court, arising from the customary fees, etc.

EXTRADITION. 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 com mitted, 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 dif ferent states of the American Union. Extradition between the states must be consid ered 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 au thority of the state from which he fled. Abbott. EXTRAHURA. In old English law. An animal wandering or straying about, without an owner; an estray. Spelman. EXTRAJUDICIAL. That which is done, given, or effected outside the course of regu lar judicial proceedings; not founded upon, or unconnected with, the action of a court of law; as extrajudicial evidence, an extrajudi cial oath. That which, though done in the course of regular judicial proceedings, is unnecessary to such proceedings, or interpolated, or be yond 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. EXTRANEUS. In old English law. One foreign born; a foreigner. 7 Coke, 16. In Roman law. An heir not born in the family of the testator. Those of a foreign state. The same as alienus. Vicat; Du Cange. Extraneus est subditus qui extra terram, i. e., potestatem regis natus est. 7 Cpke, 16. A foreigner is a subject who is born out of the territory, i. e., government of the king. EXTRAORDINARY. The writs of mandamus, quo warranto, habeas corpus, and some others are sometimes called "ex traordinary remedies," in contradistinction to the ordinary remedy by action. EXTRAORDINARY CARE is synony mous with greatest care, utmost care, high est degree of care. 54 111. 19. See CARE; DILIGENCE; NEGLIGENCE.

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