S. Lat In the dvil law
Category: E
ECONOMIOUS
S. L. Lat In old English law. The executor of a last will and testament CowelL
ESIWERP
RP. A thing surrendered into the hands or power of another; a thing giv-en or delivered. Spelman
ESIONE FIDEL, SUITS PRO
RO. Suits in the ecclesiastical courts for spiritual of-fenses against conscience, for non-payment of debts, or breaches of civil contracts. This attempt to turn the ecclesiastical courts into courts of equity, was checked by the consti-tntions of Clarendon, A. D. 1164. 3 Bl
EYRER
L. Fr. To travel or Journey; to go about or ltlnerate. Brltt. c. 2
EZARDAR
In Hindu law. A farmer or renter of land ln the districts of Hlndoo-stan
EYDE
Aid; assistance; relief. A subsidy
EYOTT
A small island arising in a river. Fleta, 1. 8, c. 2, | b; Bract 1. 2, c. 2
EYRE
Justices in eyre were judges corn-missioned in Anglo-Norman times in Eng-land to travel systematically through the
EXULARE
In old Engllsh law. To exile or banish. Nullus liber homo, exulctur, nisi, etc., no freeman shall be exiled, unless, etc. Magna Charta, c. 29; 2 Inst. 47
EXUPERARE
To overcome; to apprehend or take. Leg. Edm. c. 2
EXTRINSIC
Foreign; from outside sources; dehors. As to extrinsic evidence, see Eviobncb
EXTUMX
In old records. Relics. Cowell
EXTREME CRUELTY
In the law of divorce. The infliction of grievous bodily harm or grievous mental suffering. Clv. Code Cal. 1903, S 94. Either personal vio-lence or the reasonable apprehension thereof, or a systematic course of 111 treatment affecting health and endangering life. Mor-rls v. Morrls, 14 Cal. 79, 73 Am. Dec. 615; Harratt v. Harratt, 7 […]
EXTREME HAZARD
To constitute extreme hazard, the situation of a vessel must be such that there is imminent danger of her being lost, notwlthstanding all the means that can be applied to get her off. King v. Hartford Ins. Co., 1 Conn. 421
EXTRA-TERRITORIALITY
The extra-territorial operation of laws; that ls, tbclr operation upon persons, rights, or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws
EXTRAVAGANTES
In canon law. Those decretal epistles whlch 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 canon law. They continued to be called
EXTRANEUS
In old English law
EXTRAPAROCHIAL
out of a parish ; not within the bounds or limits of any parish. 1 Bl. Comm. 113, 284
EXTRALATERAL RIGHT
In mining law. The right of the owner of a mining claim duly located on tbe 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 […]
EXTRAHURA
In old English law. An animal wandering or straying about, with-out an owner; an estray. Spelman
EXTRAJUDICIAL
That which is done, given, or effected outside the course of reg-ular judlcial proceedings; not founded up-on, or unconnected with, the action of a court of law; as extrajudicial evidence, an extrajudicial oath
EXTRAHAZARDOUS
In the law ot
EXTRACTA CURLS
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 tbe crime was committed, upon the demand of the latter state, ln order that he may be dealt with according to its laws. Extradition may be accorded as a mere matter […]
EXTRA
A Latin preposition, occurring ln many legal phrases; it means beyond, ex-cept, without, out of, outside
EXTRACT
A portion or fragment of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings ln
EXTORSIVELY
A technical word used in Indictments for extortion
EXTORTION
Any oppression by color or pretense of right, and particularly the exaction by an officer of mouey, 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. 480
EXTIRPATIONE
A judicial writ, either before or after judgment, that lay against a person who, when a verdict waa found against him for land, etc., maliciously overthrew any house or extirpated aay trees upon it Reg. Jud. 13, 56
EXTINGUISHMENT
The destruction or cancellation of a right, power, contract, or estate. Tbe 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 Share. Bl. Comm. 325, note
EXTIRPATION
In English law. A species of destruction or waste, analogous to estrepement See Estoepkment
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
Lat A foreigner or alien; one born abroad. The opposite of civis
EXTINCT
Extinguished. A rent Is said to be extinguished when lt ls destroyed and put out Co. Litt. 147b. See Extinguish-MKNT
EXTENUATE
To lessen; to palliate; to mitigate. Connell v. State, 46 Tex. Cr. R. 259, 81 S. W. 748
EXTENUATING CIRCUMSTANCES
Such as render a delict or crime less aggra-vated, heinous, or reprehensible than lt would otherwise be, or teud to palliate or lessen lts guilt Such circumstances may or-
EXTENTA MANERII
(The extent or survey of a manor.) The title of a statute passed 4 Edw. I. St. 1; being a sort of dl-rectlon for making a survey or terrier of a manor, and all its appendages. 2 Reeve, Eng. Law, 140
EXTENSORES
In old English law. Extenders or appraisers. The name of cer-tain officers appointed to appraise and divide or apportion lands. It was thelr duty to make a survey, schedule, or inventory of the lands, to lay them out under certain heads, and then to ascertain the value of each, as preparatory to the division or […]
EXTENT
In English praotioe. A
EXTENSION
In mercantile law. An
EXROGARE
(From ex, from, and ro-gare, to pass a law.) In Roman law. To take something from an old law by a new law. Tayl. Civil Law, 155
EXTEND
To expand, enlarge, prolong, widen, carry ont, further than the original limit; as, to extend the time for filing an answer, to extend a lease, term of ofHce, charter, railroad track, etc. Flagler v. Hearst. 62 App. Dlv. 18. 70 N. Y. Supp. 956; Gouldlng v. Hammond, 54 Fed. 642. 4 C. C. A. 533; […]
EXPURGATION
The act of purging or cleansing, as where a book is published without lts obscene passages
EXPURGATOR
one who corrects by expurging
EXQU.XSTOR
In Roman law. one who had filled the office of qucestor. A title given to Tribonian. Inst procem. $ 3. Used only in the ablative case, (exqucestore
EXPUNGE
To blot out; to efface de-slgnedly; to obliterate; to strike out wholly. webster. See Cancel
EXPROMISSOR
In the civil law. A person who assumes the debt of another, and becomes solely liable for lt, by a stipulation with the creditor. He differs from a surety, inasmuch as tills contract is one of novation, while a surety ls jointly liable with his principal. Mackeld. Rom. Law,
EXPROMITTERE
In the civil law
EXPROMISSIO
In the civil law. The species of novation by which a creditor ac-cepts a new debtor, who becomes bound in-stead of the old, the latter being released