ESIWERP

RP. A thing surrendered into the hands or power of another; a thing giv-en or delivered. Spelman

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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

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EYOTT

A small island arising in a river. Fleta, 1. 8, c. 2, | b; Bract 1. 2, c. 2

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EYRE

Justices in eyre were judges corn-missioned in Anglo-Norman times in Eng-land to travel systematically through the

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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

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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 […]

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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

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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

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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

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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 […]

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EXTRAHURA

In old English law. An animal wandering or straying about, with-out an owner; an estray. Spelman

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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

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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 […]

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EXTRA

A Latin preposition, occurring ln many legal phrases; it means beyond, ex-cept, without, out of, outside

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EXTRACT

A portion or fragment of a writing. In Scotch law, the certified copy, by a clerk of a court, of the proceedings ln

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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

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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

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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

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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

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EXTINCT

Extinguished. A rent Is said to be extinguished when lt ls destroyed and put out Co. Litt. 147b. See Extinguish-MKNT

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EXTENUATE

To lessen; to palliate; to mitigate. Connell v. State, 46 Tex. Cr. R. 259, 81 S. W. 748

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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-

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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

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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 […]

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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

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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; […]

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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

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EXPUNGE

To blot out; to efface de-slgnedly; to obliterate; to strike out wholly. webster. See Cancel

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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,

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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

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