KFLCC Kingdom Law 2nd Ed.

471

EXTORTION

EXTRAJUDICIAL

an action carried on before the court, and of the judgment pronounced; containing also an order for execution or proceedings there upon. Jacob; Whishaw. EXTRACTA CXTRUE. 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 committed, upon the demand of the latter state, in order that he may be dealt with ac cording to its laws. Extradition may be ac corded 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. Terlinden 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 con sidered and_ defined to be a political duty of im perfect obligation, founded upon compact, and requiring each state to surrender one who, hav ing 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 EXTRA-DOTAX PROPERTY. In Lou isiana 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." Civ. Code La. art. 2315. Fleitas v. Richardson, 147 U. S. 550, 13 Sup. Ct. 495, 37 L. Ed. 276. EXTRAHAZARDOUS. In the law of insurance. Characterized or attended by cir cumstances or conditions of special and un usual danger. Reynolds v. Insurance Co., 47 N. Y. 597; Russell v. Insurance Co., 71 Iowa, 69, 32 N. W. 95. EXTRAHITRA. In old English law. An animal wandering or straying about, with out an owner; an estray. Spelman. That which is done, given, or effected outside the course of reg ular judicial proceedings; not founded up on, 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 be yond their scope; as an extrajudicial opin ion, (dictum.) That which does not belong to the judge or his jurisdiction, notwithstanding which he takes cognizance of it — Extrajudicial confession. One made by tbe party out of court, or to any person, official or otherwise, when made not in the course of a judicial examination or investigation. State EXTRAJUDICIAL.

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. O. (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. Orim. Law, § 390. The distinction between "bribery" and "ex tortion" 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. A Latin preposition, occurring in many legal phrases; it means beyond, ex cept, 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 suc cessful party in cases of unusual difficulty. See Hascall v. King, 54 App. Div. 441, 66 N. Y. Supp. 1112.— Extra coats. In English prac tice. 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. l&y Reg. Orig. 975.— Extra judicium. Extrajudi cial; out of the proper cause; out of court: beyond the jurisdiction. See EXTBAJTTDICIAL. — Extra jus. Beyond the law; more than the law requires. In jure, vel extra jus. Bract, fol. 1696.— Extra legem. Out of the law; out of the protection of the law.— Extra prse sentiam mariti. Out of her husband's pres ence.— Extra quatuor maria. Beyond the four seas; out of the kingdom of England. 1 Bl. Comm. 457.— Extra regnnm. 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 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 ri?ht of way in justification, and the replication alleged that tbe trespass was committed outside the limits of the way claimed, these were the technical words to be used.— Extra vires. Be yond powers. See ULTBA VIRES. Extra legem positns est civiliter mor tuus. Co. Litt. 130. He who is placed out of the law is civilly dead. 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 obey ed with safety. EXTRACT. A portion or fragment of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings in EXTRA.