Page:Black's Law Dictionary (Second Edition).djvu/477

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EXPUNGE

EXPUNGE. To blot out; to ettace designcdly: to obliterate; to strike out wholly. Webster. See CANCEL.

EXPURGATION. The act of purging or cleansing, as where I1 book is published without its obscene passages.

EXPURGATOR. One who corrects by expurging.

EXQUESTOR. In Roman law. one who had filled the office of qmrstor. A title given to Tribonian. Inst. prnoenl. § 3. Used only in the ablative case, (ezqua-store.)

EXROGARE. (From e:r. from, and ro- aarc, to pass a law.) in Roman law. To take something from an old law by I1 new law. Tayl. Civil Il8.W. 155.

EXTEND. To expand, enlarge, prolong, widen, carry ont., 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. Ilearst, 62 App. Div. 18. 70 N. Y. Supp. 956; Gnnlding v. Hammond. 54 Fed. CA” 4 C‘. C. A. 533; State v. Scott. 113 M0. , 20 S. W 1076: James v. Mc‘\liilan. 55 Mich. 136. 20 N. W. S26: Wilson v. Rousseau, 4 How. 697. 11 L. Ed. 1141; Orton v. Noonnn. 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 prolong and continue it in the direction in which it already points, but does not include deffecting it from the course of the existing portion. Monroe v. Ouachltn Parish. 47 La. Ann. 1061, 17 South. 498; In re Charlotte St., 23 Pa 288; Seattle & l\i. Ry. Co. V. State, 7 Wash. 150, 34 Pac. 551, 22 L. R. A. 217. $ Am. St. Rep. 866.

In English practice. To Value the lands or tenements of a person bound by a statute or recognizance nhich has become forfeited, to their full caiendeti Value. 3 Bi. Comm. 420; Fitzh. Nat. Brev. 131. To ex- ecute the \vrit of extent or extend! farms, (q. 1:.) 2 Tidd. Fr. 1013, 1044.

In axation. Extending a tax consistsin adding to the assessment roll the precise amount due from each person whose name appears thereon. “The suhiects for taxation having been properly listed, and a basis for apportionment estalillshcd, nothing will remain to [ix a definite liability but to em- lcnd upon the list or roll the several pro- portionate nnmunts, as I1 Charge against the

several taxabies." Cooley, Tax'n, (2d Ed.) 42%.


EXT!-JNDI FACIAS. Lat. You cause to be extended. in Eng-lish practice The name of a writ of execution, (derived from its two emphatic words:) more .1. called an "exient." 2 Tidd. Pr. 1013; 4 Steph. Comm. 43.

469 EXTENUATING CIRCUMSTANCES

EXTENSION. In mercantile law. All allowance of additional time for the pay- ment of debts. An agreement between I1 debtor and his creditors, by which they allow him further time for the payment of his liabilities.

In patent law. An extension 01! 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 inientor hail not succeeded in obtaining a reasonable remuneration from his patent- right. This is no longer allowed, except as to designs. Soc Rev. St. U. S. 5 4924 (U. S. Comp. St. 1901, p. 3390).

EXTENSORES. In old English law. Extenders or appraisers. The name of certain 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 Vairle of eacil, as preparatory to the division or partition. Bract. tois. 12:2, 7.2: Britt. c. 71.

EXTENT. In English practice. A Writ of execution issuing from the exchequer F upon I1 debt due the crown, or upon a debt due a private person, it 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 G 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. tion of lands. Bell.

The rents, profits, and issues 013 lands. Slrene.

—]-Extent in nil}. That kind of extent which issues at the instance and for the benefit of a debtor to the croun, for the reoomry of a debt due to himseif. 2 Tidd. Pr. 10-15: 4 Steph. (‘omm. 47.—Extent in chief. The printipai kin-l of extent, issuing at the suit of the clown, for the recovery of the crown's debt. 4 Slcph. Comm. 47. An adverse proceeding iiy Iilt‘ king, {or the recovery of his own debt. 2 '1'iv.lri, Pr. 0&5.

The value or valna- H

EXTENTA 1!/IAITERII. (The extent or survey of a manor.) The title at a statute passed 4 Edw. I. St. 1: being a sort of di- rectinn for 1I1ai\i.ng: a survey or terrier of :1 manor, and all its appendages. 2 Boom, K Eng. Law, 1-i0.

EXTENUATE. To lessen: to palh-ate; to mitigate. Conneil v. State, 46 Tex. Cr. R. 239, 81 S. W. 748.

EXTENUATING CIRCUMSTANCES. Such as render a dciict or Crime less n:,'ra- vated. '" ' or than it would otherwise be, or tend to paliiate or lessen its guilt. Such circumstances may or- M

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