extortion

At common law a public official who under color of office obtained the property of another not due either to the office or the official was guilty of extortion.

The unlawful taking by any officer, by coldr of his office, qf any money or thing of value that is not due to him, or more than is due, or before it is due. 4 Bl. Comm. 141; 1 Hawk. P. C. c. 68, § 1; 1 Russ. Crimes, 144*, 7 Pick. (Mass.) 279; 3 Ind. 93; 107 N. C. 921.

In a large sense, the term includes any injury under color of right; but it is generally and constantly used in the more limited technical sense above given; while "oppression" is used to signify injuries other than the extortion of things of value committed under color of of Sce. EXTRA (Lat. without; out of; beyond). Its opposite is in or intra. Calv, Lex. EXTRA FEODUM (Lat.) Out of his fee; out of the seigniory, or not holden of him that claims it, Co. Litt. lb; Reg. Orig. 97b. EXTRA JUS (Lat.) Beyond the law; more than the law requires. In jure, vel extra jus. Bracton, fol, 169b.

• The unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it Bla. Com. 141; Com. v. Saulsbury, 152 Pa. 554, 25 Atl. G10; 1 Hawk. PL I s. 1; 1 Russ. Cr.* 144; 2 Bish. Cr. L. 390; U. Deaver, 14 Fed. 595. At common law, any oppression by color of right; but technically the taking of money by an officer, by reason of his office, where none at all was due, or when it was not yet due. The obtaining of money by force or fear is not extortion; People v. Baroi Gl Hun 571, 16 X. Y. Supp. 430; Whart Cr. I.. 833. In a large sense the term includes any oppression under color of right; but it is generally and constantly used in the more limited technical sense above given. The incumbent of an office, which it was attempted to create by an unconstitu statute, cannot be guilty of extortion, as he is neither a de jure nor a de facto officer; Kitby v. State, 57 X. J. L. 320, 31 Atl. 21& To constitute extortion, there must be the receipt of money or something of value; the taking a promissory note which is void is not sufficient to make an extortion; Coin. v. Cony, 2 Mass. 523; Com. v. Pease, 1G Mass. 93. See Bacon, Abr.; Co. Litt. 168. It tortion and oppression for an officer to take money for the performance of his duty, though it be in the exercise of a disc: ary power; 2 Burr. '.'27. See Peo; Wnaley, 6 Cow. 661; Ilelser v. P<>tt. 3 Pa. 183; Com. v. Saulsbury, 152 Pa. 554, 2.". A:;. 610; Com. v. Bagley, 7 Pick. (Mass.) 27'.': 4 Cox. Cr. Cas. 387. See Brackenrid State, 27 Tex. App. 513, 11 S. W. 630, 1 I.. i;. a 360; People v. Barondess, 133 X. Y. 049, 31 X. E. 240.

An unlawful or violent wringing of money or money's worth from any man; the offense of taking, by color of ofl Bce, any money, or thing of value that is not due, or more than is due, or before it is due.

Any oppression by color or pretense of right, and particularly the exaction by an officer of money, by color of his office, either when none at all is due, or not so much is due, or when itis not yet dus. 4 Conn. 480. Extortion consists in any public officer unlawfully taking, by color of his office, from any person any money or thing of value that is not dne to him, or more than his due. Code Ga. 1882, § 4507. Extortion is the obtaining of property from another, with his consent, induced by wrongful use of force or fear, or under color of official right. Pen. Code Cal. § 518; Pen. Code Dak. § 608. Extortion ig an abuse of publio justice, which consists in any officer unlawfully taking, by color of his office, from auy man any money or thing of valua that is not due to him, or before itisdue. 4 Bi. Comm. 141. Extortion is any oppression under color of right.

In a stricter sense, the taking of money by any officer, by color of his office, when none, or not so tauch, is due, or itis not yet due, 1 Hawk. P. C. (Curw. Ed.) 418. Itis the corrupt demanding or receiving by a person in office of a fee for services which should be performed gratuitously; or, where compensation is permissible, of a larger fee than the law justifies, or a fee not due. 2 Bish. Crim. Law, § 390. The distinction between “bribery” and “extortion” scems to be this: the former offense consists in the offering a present, or receiving oue, if offered; the latter, in demanding a fee or present, by color of office. Jacob. For the distinction between “extortion” and “exaction,” see EXACTION,

' 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.

v. Larceny.

[from Lat. extorsio, from extorquere, to wring or wrest from.] In criminal law. An unlawful or violent wringing of money or money-worth from any man. Cowell. A taking of more than is due, by color or pretence of right. Id. The offence of an officer's taking, by color of his office, any money, or thing of value that is not due to him, or more than is due, or before it is due. Co. Litt. 368 b. 10 Co. 102. 4 Bl. Com. 141. 4 Steph. Com. 212. 2 N. Y. Rev. Stat. [650], 642, § 6. Lewis' U. S. Crim. Law, 267.