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EXTRA

A Latin preposition, occurring in many legal phrases; it means beyond, except without, out of, outside. Extra allowance. In New York practice. A sum in addition to costs, which may, in the discretion of the court, be allowed to the successful party in cases of unusual difficulty. See Hascall v. King, 54 App. Div. 441, 06 N. Y. Supp. 1112. Extra costs. In English practice. Those charges which do not appear upon the face of the proceedings, such as witnesses’ expenses, fees to counsel, attendances, court fees, etc, an affidavit of which must be made, to warrant the master in allowing them upon taxation of costs. Wharton. Extra feodum. Out of his fee; out of the seigniory, or not holden of him that claims it Co. Litt. 16; Reg. Orig. 97b. Extra judicium. Extrajudicial; out of the proper cause; out of court; beyond the jurisdiction. See EXTRAJUDICIAL. Extra jus. Beyond the law; more than the law requires. In jure, vel extra jus. Bract, fol. 1695. Extra legem. Out of the law; out of the protection of the law. Extra praesentiam mariti. Out of her husband’s presence. Extra quatuor maria. Beyond the four seas; out of the kingdom of England. 1 Bl. Comm. 457. Extra regnum. Out of the realm. 7 Coke, 16s; 2 Kent, Comm. 42, note. Extra services, when used with reference to officers, means services incident to the office in question, but for which compensation has not been provided by law. Miami County v. Blake, 21 Ind. 32. Extra territorium. Beyond or without the territory. 6 Bin. 353; 2 Kent, Comm. 407. Extra viam. 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 claimed, these were the technical words to be used. Extra vires. Beyond powers. See ULTRA VIRES.
Extra legem positus est civiliter mortuus. Co. Litt. 130. He who is placed out of the law is civilly dead.
Extra territorium jus dieenti impune non paretur. One who exercises jurisdiction out of his territory is not obeyed with impunity. Dig. 2, 1, 20; Branch, Princ.; 10 Coke, 77. He who exercises judicial authority beyond his proper limits cannot be obeyed with safety.

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