KFLCC Kingdom Law 2nd Ed.

472

EXTRAJUDICIAL

EYDE

y. Alexander. 109 La. 557, 33 South. 600; U. S. v. 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 per son. State v. Scatena, 84 Minn. 281, 87 N. W. 764. EXTRALATERAL RIGHT. In mining law. The right of the owner of a mining claim duly located on the public domain to follow, and mine, any vein or lode the apex of which lies within the boundaries of his location on the surface, notwithstanding the course of the vein on its dip or downward direction may so far depart from the per pendicular as to extend beyond the planes which would be formed by the vertical ex tension downwards of the side lines of his location. See Rev. Stat. U. S. | 2322 (U. S. Conip. St 1901, p. 1425). 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. Extranens est snbditus qui extra ter rain, i. e., potestatem regis natns est. 7 Coke, 16. A foreigner Is a subject who is born out of the territory, i. e., government of the king. EXTRAORDINARY. Out of the ordi nary; exceeding the usual, average, or nor mal measure or degree. —Extraordinary average. A contribution by all the parties concerned in a mercantile voyage, either as to the vessel or cargo, toward a loss sustained by some of the parties in inter est for the benefit of all. Wilson v. Cross, 33 Cal. 69.—Extraordinary oare is synonymous with greatest care, utmost care, highest degree of care. Railroad Co. v. Raddeley, 54 111. 24, 5 Am. Rep. 71; Railway Co. v. Causler, 97 Ala. 235, 12 South. 439. See CAKE; DILI GENCE; NEGLIGENCE.—Extraordinary reme dies. The writs of mandamus, quo warranto, habeas corpus, and some others are sometimes called "extraordinary remedies," in contradis tinction to the ordinary remedy by action. EXTRAPAROCHIAI*. Out of a par ish ; not within the bounds or limits of any parish. 1 Bl. Comm. 113, 284. EXTRA-TERRITORIAMTY. The ex Ira-territorial operation of laws; that Is, their operation upon persons, rights, or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws. In canon law. Those decretal epistles which were publish ed after the Clementines. They were so call ed because at first they were not digested or arranged with the other papal constitutions, but seemed to be, as it were, detached from the canoD law They continued to be called EXTRAVAGANTES.

5. by the same name when they were after- •* wards inserted in the body of the canon law. \l The first extravagantes are those of Pope > John XXII., successor of Clement V. The !• last collection was brought down to the year 1483, and was called the "Common Extrav agantes," notwithstanding that they we.-e ^ likewise incorporated with the rest of the s canon law. Enc. Lond. o E EXTREME CRUELTY. In the law of 8 divorce. The infliction of grievous bodily e harm or grievous mental suffering. Civ. 1 Code Cal. 1903, § 94. Either personal vio lence or the reasonable apprehension there 3 of, or a systematic course of ill treatment affecting health and endangering life. Mor 3 ris v. Morris, 14 Cal. 79, 73 Am. Dec. 615; • Harratt v. Harratt, 7 N. H. 198, 26 Am. Dec. 730; Carpenter v. Carpenter, 30 Kan. 712, 2 Pac. 122, 46 Am. Rep. 108. Any conduct constituting aggravated or Inhuman Ill-treat ment, having regard to the physical and » temperamental constitution of the parties i and all the surrounding circumstances. i Donald v. Donald, 21 Fla. 573; Blain v. Blain, 45 Vt. 544; Poor T. Poor, 8 N. H. 315, 29 Am. Dec. 664. r EXTREME HAZARD. To constitute } extreme hazard, the situation of a vessel f must be such that there is imminent danger of her being lost, notwithstanding all the means that can be applied to get her off. . King v. Hartford Ins. Co., 1 Oonn. 421. L yond the hope of recovery, and near death, he is said to be in extremis. i ; Extremis probatis, prsesumnntnr J media. Extremes being proved, intermedi- » ate things are presumed. Tray. Lat Max. , 207. r \ EXTRINSIC. Foreign; from outside sources; dehors. As to extrinsic evidence, i see EVIDENCE. EXTXJMiE. In old records. Relics. Cowell. EXTJERE PATRIAM. To throw off or renounce one's country or native allegiance; to expatriate one's self. Phillim. Dom. 18. EXULAEE. In old English law. Tc exile or banish. Nullus liber homo, exuletur v nisi, etc., no freeman shall be exiled, unless, etc. Magna Charta, c. 29; 2 Inst. 47. EXUFERARE. To overcome; to appre hend or take. Leg. Edm. c. 2. EXTREMIS. When a person is sick be

EY. A watery place; water. Co. Litt. 6.

EYDE. Aid; assistance; relief. A sub sidy.