Black's Law Dictionary

The surrender of a criminal by a foreign state to wnich he has fled for refuge from prosecution to the state within whose jurisdiction the crime was committed, upon the demand of t

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. Code La. art. 23l5. Fle

Out of his fee; out of the seigniory, or not holden of him that claims it. Co.. Litt. lb; Reg. Orig. 97b.

In the law of insurance. Characterized or attended by circumstances or conditions of special and unusual danger. Reynolds v. Insurance Co., 47 N. Y. 597; Russell v. Insurance Co.,

In old English law. An animal wandering or straying about, without an owner; an estray. Spelman.

That which is done, given or effected outside the course of regular Judicial proceedings; not founded upon or unconnected with, the -action of a court of law; as extrajudicial evid

One made by the party out of court, or to any person, official or otherwise, when made not in the course of a judicial examination or investigation. State v. Alexander; 109 La. 557

One taken not in the course of judicial proceedings, or taken without any authority of law, though taken formally bsfore a proper person. State v. Scatena, 84 Minn. 281, 87 N. W. 7

Extrajudicial; out of the proper cause; out of court; beyond the jurisdiction. See Extrajudicial.

Beyond the law; more than the law requires. In jure, vel extra jus. Bract, fol. 169b.

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

Out of the law; out of the protection of the law.

Co. Litt. 130. He who is placed out of the law Is civilly dead.

With reference to a contract, deed, will, or any writing, extraneous evidence is such as is not furnished by the document itself, but is derived from outside sources; the same as e

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; D

Out of the ordinary; exceeding the usual, average or normal measure or degree. —Extraordinary average. A contribution by all the parlies concerned in a mercantile voyage, either as

A contribution by all the parlies concerned in a mercantile voyage, either as to the vessel or cargo, toward a loss sustained by some of the parties in interest for the banefit of

That extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their own property or rights. Civ. Co.de Ga. 1895, § 2

synonymous with greatest care, utmost care, highest degree of care. Rnilroad Co., v. Baddeley, 54 111. 24, 5 Am. Rep. 71; Railway Co. v. Causler, 97 Ala. 235, 12 South. 489. See Ca

The write of mandamus, quo toarranto, habeas corpus, and some others are sometimes called "extraordinary remedies," in contradistinction to the ordinary remedy by action.

See Extraordinary.

Out of a pariah ; not within the bounds or limits of any parish. 1 Bl. Comm. 113, 284.

Out of her husband's presence.

Beyond the four seas; out of the kingdom of England. 1 Bl. Comm. 457,

Out of the realm. 7 Coke, 16; 2 Kent, Comm. 42, note. —Extra services, when used with reference to officers, means services incident to the office in question, but for which compen

The extra-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 i

Beyond or without the territory. 6 Bin. 353; 2 Kent, Comm. 407.

One who exerclaes jurisdiction out of his territory is not obeyed with impunity. Dig. 2, 1, 20; Branch, Print.; 10 Coke, 77. He who exercises judicial authority beyond his proper l

In canon law. Those decretal epistles which were published after the Clementines. They were so called because at first they were not digested or arranged with the other papal const

Outside the way. Where the defendant in trespass pleaded a right of way in justification, and the replication alleged that the trespass was committed outside the limits of the way

Beyond powers. See Ultra Vires.

In the law of divorce. The infliction of grievous bodily harm or grievous mental suffering. Civ. Code Cal. 1903, § 94. Either personal violence or the reasonable apprehension there

To constitute extreme hazard, the situation of a vessel must be such that there is imminent danger of her being lost, notwithstanding all the means that can be applied to get her o

When a person is sick beyond the hope of recovery, and near death, he ls said to be in extremis.

Extremes being proved, intermediate things are presumed. Tray. Lat Max. 207.

Foreign; from outside sources; dehors. As to extrinsic evidence, see BvmENCE.

In old records. Relica. Cowell.

Out of a base [illegal, or immoral] consideration, an action does [can] not arise. 1 Selw. N. P. 63; Broom, Max. 730, 732; Story, Ag. § 195.'

From an immoral or iniquitous contract an action does not arise. A contract founded upon an illegal or immoral consideration cannot be enforced by action. 2 Kent, Comm. 466; Dig. 2

To throw off or renounce one's country or native allegiance; to expatriate one's self. Phillim. Dom. 18.

To overcome; to apprehend or take. Leg. Edm. c. 2.

In old English law. To exlie or banish. Nullus liber homo, exuletur, nisi, etc., no freeman shall be exiled, unless, etc. Magna Charta, c. 29; 2 Inst. 47.

Of one part or side; on one side.

From one thing you can discern all.

On bath sides. Dyer, 126b.

Related on the side of bath parents ; of the whole blood. Hale, Coin. Law, c. 11.

From the bowels. From the vital part, the very essence of the thing. 10 Coke, 24b; Homer v. Shelton, 2 Mete. (Mass.) 213. Ex visceribus verborum, from the mere words and nothing el

By the dispensation of God; by reason of physical incapacity. Anciently, when a prisoner, being arraigned, stood silent instead of pleading, a jury was impaneled to inquire whether

From sight of the writing; from having seen a person write. A term employed to describe one of the modes of proof of handwriting. Best, Pres. 218.

From or by the force of the term. From the very meaning of the expression used. 2 Bl. Comm. 109, 115.

Voluntarily; from free-will or choice.

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

Aid; assistance; relief. A subsidy.

One who saw the act, fact or transaction to which he testifies. Distinguished from an ear-witness, (auritus.)

A small island arising in a rivor. Fleta, L 3, e, 2, § b; Bract. 1. 2, c. 2.

Justices in eyre were judges commissioned in Anglo-Norman times in England to travel systematically through the kingdom, once in seven years, holding courts in specified places for

In Fr. To travel or journey; to go about or itinerate. Britt, c. 2.

In Hindu law. A farmer or renter of land in the districts of Findoo-stan.

In old English criminal law, this letter was branded upon felons upon their being admitted to clergy; as also upon those convicted of fights or frays or falsity. Jacob; Cowell ; 2

In old English law. The making or coining of money.

Lat. To make. Used in old English law of a lawful coining, and also of an unlawful making or counterfeiting of coin. See 1 Salk. 342.

To fabricate evidence is to arrange or manufacture circumstances or indicia, after the fact committed, with the purpose of using them as evidence, and of deceitfully making them ap

Evidence manufactured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. See supra.

In the law of evidence. A fact existing only in statement, without any foundation in truth. An acfual or genuine fact to which a false appearance has been designedly given; a physi

In English law. Lands given towards the maintenance, re-building or repairing of cathedral and other churches. Cowell; Blount.

In old European law. A contract or formal agreement; but particularly used in the Lombardlc and Visigothic laws to denote a marriage contract or a will.

The face of an instrument is that which is shown by the mere language employed, without any explanation, modification or addition from extrinsic facts or evidence. Thus, lf the exp

lat. To do; to make. Thus, facere defaltam, to make default; facere duellum, to make the duel, or make or do battle; facere finem, to make or pay a fine; facere legem, to make one'

That you cause. Occurring in the phrases "scire facias," (that you cause to know,) "fieri facias," (that you cause to be made,) etc.

In doing or paying; in some activity.

Lat The face or countenance; the exterior appearance or view; hence, contemplation or study of a thing on its external or apparent side. Thus, prima facie means at the first inspec

In Scotch law. Easily persuaded; easily imposed upon. Bell.

This name was formerly given to certain notes of some of the banks in the state of Connecticut, which were made payable in two ycars after the close of the war of 1812. Springfield

In Scotch law. Pliancy of disposition. Bell.

Gulit makes equal those whom it stains.

(Lat. I do that you may give.) A species of contract in the civil law (being one of the innominate contracts) which occurs when a man agrees to perform anything for a price either

(Lat. I do that you may do.) A species of contract in tha civil law (being one of the innominate contracts) which occurs when I agree with a man to do his work for him if he will d

An exact copy, preserving all the marks of the original

In England, where the construction of a will may be affected by the appearance of the original paper, the court will order the probate to pass in fac simile, as it may possibly hel

A thing done; an action performed or an Incident transpiring; an event or circumstance; an actual occurrence. In the earlier days of the law "fact" was used almost exclusively in t

In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, Jousts or tournaments. Cowell.

Deeds are more powerful than words.

12 Coke, 124. Deeds contain many things which are prohibited to be done.

In the civil law. The right, power or capacity of making a will; called "factio activa." Inst. 2, 10, 6. The right or capacity of taking by will; called "factio passiva." Inst. 2,

In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything su-peradded or any proceeding upon it to give it effect 3 Kent

1. A commercial agent, employed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrust

The allowance or commission paid to a factor by his principal. Winne v. Hammond. 37 111. 103; Slate v. Thompson, 12 Mo. 12, 25 S. W. 346.

In American law. A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the practice in Vermont and Connecticut. Otherwise terme

Th name given to several English statutes (6 Gen. IV. c. 94; 5 & 6 Viet c. 39; 40 & 41 Viet, c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any part

In English law. The term Includes ali buildings and premises wherein or within the close or curtilage of which, steam, water or any mechanical power ls used to move or work any mac

The prices at which goods may be bought at the factories, as distinguished from the prices of goods bought in the market after they have passed into the hands of third persons or s

Facta et casus, facts and cases. Bract fol. lb.

18 How. State Tr. 1187; 17 How. State Tr. 1430.

Those matters of fact on which the plaintiff proceeds by his action and which the defendant controverts in his pleadings. Glenn v. Savage, 14 Or. 567, 13 Pac. 442 King v. Chase, 15

Lat In old English law. A deed; a person's act and deed; anything stated or made certuin ; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in

An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76.

Dig. 50, 17, 155. A party's own act should prejudice himself, not his adversary.

A thing done cannot be undone. 1 Kames, Eq. 96, 259.

A juridical fact. Denotes one of the factors or elements constituting an obligation.

Cod. 4, 19, 23. There is no proof incumbent npon him who denies a fact