Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: E

EXPRESS

Made known distinctly and explicitly, and not left to inference or implication.Declared in terms; set forth in words. Manifested by direct and appropriatelanguage, as distinguished from that which is inferred from conduct.

EXTENUATING CIRCUMSTANCES

Such as render a delict or crime less ‘aggravated, heinous, or reprehensible than itwould otherwise be, or tend to palliate or lessen its guilt Such circumstances may ordinarily be shown in order

EXTRAHAZARDOUS

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., 71Iowa, 69, 32

EY

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

EXPROMISSIO

In the civil law. The species of novation by which a creditor acceptsa new debtor, who becomes bound instead of the old, the latter being released. 1 Bouv.Inst. no. 802.

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.

EXTRAHURA

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

EYDE

Aid; assistance; relief. A subsidy.

EXPROMISSOR

In the civil law. A person who assumes the debt of another, andbecomes solely liable for it. by a stipulation with the creditor. lie differs from a surety,inasmuch as this contract is

EXTERUS

Lat A foreigner or alien; one born abroad. The opposite of civis.Exterus non habet terras. An alien holds no lands. Tray. Lat. Max. 203.

EXTRAJUDICIAL

That which Is done, given, or effected outside the course of regularjudicial proceedings; not founded upon, or unconnected with, the action of a courtof law; as extrajudicial evidence, an extrajudicial oath.That which,

EYE-WITNESS

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

EXPILATOR

In tbe civil law. A robber; a spoiler or plunderer. Expilutorcs auntatrociores fures. Dig. 47, 18, 1, 1.

EXPROMITTERE

In the civil law. To undertake for another, with the view ofbecoming liable in his place. Calvin.

EXTINCT

Extinguished. A rent is said to be extinguished when it is destroyed andput out. Co. Litt. 1476. See EXTINGUISHMENT.Extincto subjecto, tollitur adjunc- tum. When the subject is extinguished, theIncident ceases. Thus, when

EXTRALATERAL RIGHT

In mining law. The right of the owner of a mining claim dulylocated on the public domain to follow, and mine, any vein or lode the apex of whichlies within the boundaries

EYOTT

A small island arising in a river. Fleta, L 3, c. 2, | b; Bract. 1. 2, c. 2.

EXPIRATION

Cessation; termination from mere lapse of time; as the expiration of alease, or statute, and the like. Marshall v. Rugg, 6 Wyo. 270, 45 Pac. 486, 33 L. It. A.679; Rowinan v.

EXPROPRIATION

This word properly denotes a voluntary surrender of rights orclaims; the act of divesting oneself of that which was previously claimed as one’s own,or renouncing it. In this sense it is the

EXTINGUISHMENT

The destruction or cancellation of a right, power, contract, orestate. The annihilation of a collateral thing or subject in the subject itself out of whichIt is derived. Prest. Merg. 9. For the

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