Online Encyclopedia

EXTORTION (Lat. extorsio, from extorq...

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Originally appearing in Volume V10, Page 87 of the 1911 Encyclopedia Britannica.
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EXTORTION (
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Lat. extorsio, from extorquere, to twist out, to take away by force)
  , in
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English law the
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term applied to the exaction by public
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officers of
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money or money's worth not due at all, or in excess of what is due, or before it is due . Such exaction, unless made in good faith (i.e. in honest mistake as to the sum properly payable), is a misdemeanour by the
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common law and is punishable by
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fine and (or) imprisonment . Besides the punishment above stated, an
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action for twice the value of the thing extorted lies against officers of the king (127513 Edw . I. c . 26) . There are numerous provisions for the punishment of particular officers who make illegal exactions or take illegal fees: e.g. sheriffs and their officers (Sheriffs Act 1887), county court bailiffs (County Courts Act 1888), clerks of courts of justice, and gaolers who exact fees from prisoners . A gaoler is also punishable for detaining the corpse of a prisoner as security for debt . The term " public officer " is not limited to offices under the
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crown; and there are old precedents of criminal proceedings for extortion against churchwardens, and against millers and ferrymen who demand tolls in excess of what is customary under their franchise . The term extortion is also applied to the exaction of money or money's worth by menaces of
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personal violence or by threats to accuse of crime or to publish defamatory
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matter about another person . These offences fall partly under the head of robbery and partly under
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blackmail, or what in French is termed chantage . See Russell on Crimes (6th ed., vol. i. p . 423; vol. iii. p .

348) .

End of Article: EXTORTION (Lat. extorsio, from extorquere, to twist out, to take away by force)
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