Extortion

' That abuse of public justice which consists in an officer's unlawfully taking, by color of his ofifice, from any man, any money or thing of value that is not due to him, or more than is due, or before it is due.* Whence extorsively. Obtaining money or other valuable thing by compulsion, actual force, or the force of motives applied to the will.^ The wrongful exaction of money. The law, at the time of payment, creates an obligation to refund. Notice to refund is not necessary, therefore, vinless to serve to rebut the inference that the payment was voluntary or made through njistake.'"

1 Wilson V. Rousseau, 4 How. 698 (1846). » 3 Bl. Com. 430. s See 1 Troub. & H. CPa.) § 12S2. * L. extinguere, to quench. 'Moultrie v. Smiley, 16 Ga. 343 (1854): 3 Bac. Abr.; SO Sa. 403; 4 Mc Cord, 101; 88 N. J. L. 20. » Potter V. Mc Coy, 26 Pa. 482, 460 (18S6). See 3 W. & S. 377; 4 Watts, 379; 6 Ma. 26; 35 N. H. 421; 12 Barb. 128; 29Vt. 488.

7 L. extorquere;

— to twist or wring out. "4 Bl. Com. 141; 6 Cow. 663. ' [Commonwealth v. O'Brien, 13 Cush. 90(1853), Shaw, Chief Justice. No public of Bcer may take other fees or rewards than such as are given by virtue of some statute.' The taking or obtaining of anything from another by a public officer by means of illegal compulsion or oppressive exaction. The offense, by § 3169, Rev. St., is the same as extortion at common law.* Compare Exaction; Blackmail; Oppression, See Payment, Involuntary; Protest, 1.