KFLCC Kingdom Law 2nd Ed.

EXTORTION

EXTERRITORIALITY

470

other, and he purchase that close, the way is extinguished. 1 Crabb, Real Prop. p. 341, | 384. In English law. A species of destruction or waste, analogous to estrepement See ESTBEPEMENT. 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 i t Reg. Jud. 13, 56. In old records. To grub woodland, and reduce it to arable or mead ow; "to stock up." Cowell. In indictments for extortion. It is a sufficient averment of a corrupt in tent, in an indictment for extortion, to al lege that the defendant "extorsively" took the unlawful fee. Leeman v. State, 35 Ark. 438, 37 Am. Rep. 44. 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 applied to the will, and often more overpowering and irresistible than physical force. Com. v. O'Brien, 12 Cush. (Mass.) 90. See EX TORTION. Extortio est crimen quando quis colore officii extorqnet 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 per son extorts that which is not due, or more than is due, or before the time when it is due. 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. Preston v. Bacon, 4 Conn. 4S0. 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 wrongful use of force or fear, or under color of official right. Pen. Code Cal. § 518; Pen. Code Dak. § 608. And see Cohen v. State, 37 Tex. Cr. R. 118, 38 S. W. 1005; >U. S. v Deaver (D. C.) 14 Fed. 597; PeopleV Hoff man, 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. 436. Extortion is an abuse of public justice, which consists in any officer unlawfuly taking, by EXTIRPATION. EXTIRPATIONE. EXTOCARE. EXTORSIVELY. A technical word used

dlnarlly be shown in order to reduce the punishment or damages.

EXTERRITORIALITY. 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.

EXTERUS.

Let A foreigner or alien;

one born abroad. The opposite of civis.

Externa non habet terras.

An alien

holds no lands. Tray. Lat, Max. 203.

EXTINCT. Extinguished. A rent is said to be extinguished when it is destroyed and put out. Co. Litt. 1476. See EXTINGUISH MENT. Extincto subjecto, tollitnr adjuno tun. 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 part nership itself ceases. Inst. 3, 26, 6; 3 Kent, Comm. 52, note. 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. 9. For the distinction between an extinguishment and passing a right, see 2 Shars. Bl. Comm. 325, note. "Extinguishment" is sometimes confounded with "merger," though there is a clear distinc tion between them. "Merger" is only a mode of extinguishment, and applies to estates only under particular circumstances; but "extin guishment" is a term of general application to rights, as well as estates. 2 Crabb, Real Prop, p. 367, § 1487. —Extinguishment of common. Loss of the right to have common. This may happen from various causes.— Extinguishment of copy hold. 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 copy hold interest coming to the freehold or by the freehold interest coming to the copyhold. 1 Crabb, Real Prop. p. 670, § 864.— Extinguish ment 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 ac cepts a security of a higher nature than the original obligation ; by a release ; by the mar riage 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 credit or, makes the other his executor.— Extinguish ment 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, § 209.— Extinguishment of ways. This is usually effected by unity of possession. As if a man have a way over the close of an EXTINGUISHMENT.