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Encyclopedia Britannica



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

This article appears in Volume V10, Page 87 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: EUD-FAT
EXTORTION (Lat. extorsio, from extorquere, to twist out, to take away by force) , in
English
  law the
term
  applied to the exaction by public
officers
  of 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 common law and is punishable by fine and (or) imprisonment. Besides the
punishment
  above stated, an 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 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 personal violence or by threats to accuse of crime or to publish defamatory matter about another person. These offences fall partly under the head of robbery and partly under
blackmail
 , or what in French is termed chantage.
See Russell on Crimes (6th ed., vol. i. p. 423; vol. iii. p. 348).


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