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  • EYRE

    EYRE - . Vide Eire Justiciarii Itinerantes.

  • EYOTT

    EYOTT - . A small island arising in a river. Fleta, lib. 3, c. 2, s. b; Bract. lib. 2, c. 2. See lsand.

  • EYE-WITNESS

    EYE-WITNESS - . One who saw the act or fact to which he testifies. When an eye-witness testifies, and is a man of intelligence and integrity, much reliance must be placed on his testimony, for he has the means of making known the truth....

  • EY

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

  • EXTREMIS

    EXTREMIS - . When a person is sick beyond the hope of recovery, and near death, he is said to be in extremism. 2. A will made in this condition, if made without undue influence, by a person of sound mind, is valid. 3. The declarations o...

  • EXTRAVAGANTES

    EXTRAVAGANTES - , canon law. This is the name given to the constitutions of the popes posterior to the Clementines; they are thus called quasi vagantes extra corpus juris, to express that they were out of the canonical law, which at first co...

  • EXTRAJUDICIAL

    EXTRAJUDICIAL - . That which does not belong to the judge or his jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial judgments and acts are absolutely void. Vide Coram non judice, and Merl. Repert. mots Exces de Pou...

  • EXTRADITION

    EXTRADITION - , civil law. The act of sending, by authority of law, a person accused of a crime to a foreign jurisdiction where it was committed, in' order that he may be tried there. Merl. Rep. h. t. 2. By the constitution and laws of the...

  • EXTRACT

    EXTRACT - . A part of a writing. In general this is not evidence, because the whole of the writing may explain the part extracted, so as to give it a different sense; but sometimes extracts from public books are evidence, as the extracts fro...

  • EXTRA-DOTAL PROPERTY

    EXTRA-DOTAL PROPERTY - . In Louisiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called paraphernal property. Civ. Co. Lo. art. 2315. Vide Dotal Property.

  • EXTRA VIAM

    EXTRA VIAM - . Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a new assignment. 16 East, 343, 349.

  • EXTORTION

    EXTORTION - , crimes. In a large sense it, signifies any oppression, under color of right: but in a more strict sense it means the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him,...

  • EXTORSIVELY

    EXTORSIVELY - . A technical word used in indictments for extortion. In North Carolina, it seems, the crime of extortion may be charged without using this word. 1 Hayw. R. 406.

  • EXTINCTION OF A THING

    EXTINCTION OF A THING - . When a thing which is the subject of a contract has been destroyed, the contract is of course rescinded as, for example, if Paul sell his horse Napoleon to Peter, and promises to deliver him to the buyer in ten days...

  • EXTERRITORIALITY

    EXTERRITORIALITY - . This term is used by French jurists to signify the immunity of certain persons, who, although in the state, are not amenable to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a f...

  • EXTENUATION

    EXTENUATION - . That which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation. (q. v. ) 2. In general, extenuating circumstances go in mitigation of punishment in criminal cases, or of damages in...

  • EXTENT IN CHIEF

    EXTENT IN CHIEF - , English practice. An execution issuing out of the exchequer at the suit 'of the crown. It is a mere "fiscal writ. See. West on Extents; 2 Tidd. Index. 2. When land was extended at a valuation too low, there was no remedy...

  • EXTENT IN AID

    EXTENT IN AID - , English practice. An exchequer process, formerly much used, and now liable to be abused; it is regulated by 57 Geo. III. o. 117.

  • EXTENSION

    EXTENSION - , comm. law. This term is applied among merchants to signify an agreement made between a debtor and his creditors, by which the latter, in order to enable the former, embarrassed in his circumstances, to retrieve his standing, ag...

  • EXPULSION

    EXPULSION - . The act of depriving a member of a body politic, corporate, or of a society, of his right of membership therein, by the vote of such body or society, for some violation of hi's. duties as such, or for some offence which renders...