KFLCC Kingdom Law 2nd Ed.

469

EXTENUATING CIRCUMSTANCES

EXPUNGE

EXPUNGE. To blot out; to efface de signedly; to obliterate; to strike out whol ly. Webster. See CANCEL. EXPURGATION. The act of purging or cleansing, as where a book is published with out its obscene passages. EXPURGATOR. One who corrects by expurging. EXQU2ESTOR. In Roman law. One who had filled the office of qucestor. A title given to Tribonian. Inst prooem. § 3. Used only in the ablative case, (exqucestore.) EXROGARE. (From ex, from, and ro gare, to pass a law.) In Roman law. To take something from an old law by a new law. Tayl. Civil Law, 155. EXTEND. To expand, enlarge, prolong, widen, carry out, further than the original limit; as, to extend the time for filing an answer, to extend a lease, term of office, charter, railroad track, etc. Flagler v. Hearst, 62 App. Div. 18, 70 N. Y. Supp. 956; Goulding v. Hammond, 54 Fed. 642, 4 C. C. A. 533; State v. Scott, 113 Mo. 559, 20 S. W. 1076; James v. McMillan, 55 Mich. 136, 20 N. W. 826; Wilson v. Rousseau, 4 How. 697, 11 L. Ed. 1141; Orton v. Noonan, 27 Wis. 272; Moers v. Reading, 21 Pa. 201; People v. New York & H. R. Co., 45 Barb. (N Y.) 73. To extend a street means to pro long and continue it in the direction in which it already points, but does not include deflecting it from the course of the existing portion. Monroe v. Ouachita Parish, 47 La. Ann. 1061, 17 South. 498; In re Charlotte St., 23 Pa. 288; Seattle & M. Ry. Co. v. State, 7 Wash. 150, 34 Pac. 551, 22 L. R. A. 217, 38 Am. St. Rep. 866. In English practice. To value the lands or tenements of a person bound by a stat ute or recognizance which has become for feited, to their full extended value. 3 Bl. Comm. 420; Fitzh. Nat. Brev. 131. To ex ecute the writ of extent or extendi facias, (q. v.) 2 Tidd, Pr. 1043, 1044. In taxation. Extending a tax consists in adding to the assessment, roll the precise amount due from each person whose name appears thereon. "The subjects for taxation having been properly listed, and a basis for apportionment established, nothing will re main to fix a definite liability but to ex tend upon the list or roll the several pro portionate amounts, as a charge against the several taxables." Cooley, Tax'n, (2d Ed.) 423. EXTENDI FACIAS*. Lat You . cause to be extended. In English practice. The name of a writ of execution, (derived from its two emphatic words;) more commonly called an "extent" 2 Tidd, Pr. 1043; 4 Steph. Comm. 43.

EXTENSION. In mercantile law. Ail allowance of additional time for the pay ment of debts. An agreement between a debtor and his creditors, by which they al low him further time for the payment of his liabilities. In patent law. An extension of the life of a patent for an additional period of seven years, formerly allowed by law in the Unit ed 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 Rev. St. U. S. § 4924 (U. S. Comp. St 1901, p. 3396). 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 Hackett v. Amsden, 56 Vt. 201; Nason v. Fowler, 70 N. H. 291, 47 Atl. 263. In Scotch practice. The value or valua tion of lands. Bell. The rents, profits, and issues of lands. Skene. — Extent in aid. That kind of extent which issues at the instance and for the benefit of a debtor to the crown, for the recovery of a debt due to himself. 2 Tidd. Pr. 1045; 4 Steph. Comm. 47.—Extent in chief. 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 recovery of his own debt. 2 Tidd, Pr. 1045. (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 terrier of a manor, and all its appendages. 2 Reeve, Eng. Law, 140. EXTENUATE. To lessen; to palliate; to mitigate. Connell v. State, 46 Tex. Cr. R. 259, 81 S. W. 748. 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 or- EXTENSORES. EXTENTA MANERH.