Blacks Law Dict. 1st ed

EXTINGUISHMENT OF DEBTS

EXTENSION OP PATENT 464

further time for the payment of his liabili ties. EXTENSION OP PATENT. An ex tension of the life of a patent for an additional period of seven years, formerly allowed by law in the United States, upon proof being made that the inventor had not succeeded in obtaining a reasonable remuneration from his patent-right. This is no longer allowed, except as to designs. See Eev. St. U. S. § 4924. EXTENSORES. In old English law. Extenders or appraisers. The name of cer tain officers appointed to appraise and divide or apportion lands. It was their duty to make a survey, schedule, or inventory of the lands, to lay them out under certain heads, and then to ascertain the value of each, as preparatory to the division or partition. Bract, fols. 726, 75; Britt. c. 71. EXTENT. In English practice. A writ of execution issuing from the exchequer upon a debt due the crown, or upon a debt due a private person, if upon recognizance or statute merchant or staple, by which the sheriff is directed to appraise the debtor's lands, and, instead of selling them, to set them off to the creditor for a term during which the rental will satisfy the judgment. In Scotch practice. The value or val uation of lands. Bell. The rents, profits, and issues of lands. Skene. EXTENT IN AID. In English practice. That kind of extent which issues at the in stance and for the benefit of a debtor to the crown, for the recovery of a debt due to him self. 2 Tidd, Pr. 1045; 4 Steph. Comm. 47. EXTENT IN CHIEF. In English prac tice. The principal kind of extent, issuing at the suit of the crown, for the recovery of the crown's debt. 4 Steph. Comm. 47. An adverse proceeding by the king, for the re covery of his own debt. 2 Tidd, Pr. 1045. EXTENTA MANERII. (The extent or survey of a manor.) The title of a statute passed 4 Edw. I. St. 1; being a sort of di rection for making a survey or tenier of a manor, and all its appendages. 2 Reeve, Eng. Law, 140. EXTENUATE. To lessen; to palliate; to mitigate. EXTENUATING CIRCUMSTANCES. Such as render a delict or crime less aggra vated, heinous, or reprehensible than it would

otherwise be, or tend to palliate or lessen its guilt. Such circumstances may ordinarily be shown in order to reduce the punishment or damages. 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. 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. EXTINCT. Extinguished. A rent is said to be extinguished when it is destroyed and put out. Co. Litt. 1476. See EX TINGUISHMENT. Extincto subjecto, tollitur adjunctum. "When the subject is extinguished, the inci dent ceases. Thus, when the business for which a partnership has been formed is com pleted, or brought to an end, the partnership itself ceases. Inst. 3, 26, 6; 3 Kent, Comm. 52, note. EXTINGUISHMENT. The destruc tion or cancellation of a right, power, con tract, or estate. The annihilation of a col lateral thing or subject in the subject itself out of which it is derived. Prest. Merg. 9. For the distinction between an extinguish ment and passing a right, see 2 Shars. Bl. Comm. 325, note. "Extinguishment" is sometimes confounded with "merger,"though there is a clear distinction between them. " Merger" is only a mode of ex tinguishment, and applies to estates only under particular circumstances; but "extinguishment" is a term of general application to rights, as well as estates 2 Crabb, Real Prop. p. 367, § 1487. EXTINGUISHMENT OF COMMON. Loss of the right to have common. This may happen from various causes. EXTINGUISHMENT OF COPY HOLD. In English law. A copyhold is said to be extinguished when the freehold and copyhold interests unite in the same per son and in the same right, which may be either by the copyhold interest coming to the freehold or by the freehold interest coming to the copyhold. 1 Crabb, Real Prop. p. 670, §864. EXTINGUISHMENT OF DEBTS. This takes place by payment; by accord and satisfaction; by novation, or the substitu tion of a new debtor; by merger, when the creditor recovers a judgment or accepts a

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