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Extent

Defined in 9 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Stimson (1881), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

A writ, issuing from the exchequer, by which the body, goods, and lands of the debtor may all be taken at once to satisfy the judgment. It is so called because the sheriff is to cause the lands to be appraised at their full extended value before he delivers them to the plaintiff. Fitzh. Nat. Brev. 131. The writ originally lay to enforce judgments in case of recognizances or debts acknowledged on statutes merchant or staple (see St. 13 Edw. I. "de Mercatoribus;" 27 Edw. III. c. 9), and, by 33 Hen. VIII. c. 39, was extended to debts due the crown. The term is sometimes used in the various states of the United States to denote writs which give the creditor possession of the debtor's lands for a limited time till the debt be paid. 16 Mass. 186. Extent in Aid. An extent issued at the much abused, owing to some peculiar privileges possessed by crown debtors, and its use was regulated by St. 57 Geo. III. c. 117. See 3 Sharswood, Bl. Comm. 419. Extent In Chief. An extent issued to take a debtor's lands into the possession of the crown. See 2 & 8 Vict, c 11; 5 & 6 Vict. c. 86, § 8. EXTENTA MANERll (Law Lat.) The title of a statute passed 4 Edw. I. st. 1; being a sort of direction for making a survey or terrier of a manor, and all its appendages. 2 Reeve, Hist. Eng. Law, 140. Mr. Barrington observes that it is most certainly no act of parliament, in any sense of the word, but is merely a set of instructions to the king's extender, with regard to what he shall inquire into, and upon what heads and particulars he is to make his report. Barr. Obs. St. 103.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A writ of execution directing the sheriff to appraise the debtor’s property.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

A writ, issuing from the exchequer, by which the body, goods, and lands of the debtor may all be taken at once to satisfy the judgment. It is so called because the sheriff Is to cause the lands to he appraised at their full extended value before he delivers them to the plaintiff. Fitzh. N. B. 131. The writ originally lay to enforce judgments in case of recognizances or debts acknowledged on statutes merchant or staple; see stat. 13 Edw. I. de Mercatoribus; 27 Edw. III. c. 9; and by 33 Hen. VIII. c. 39, was extended to debts due the crown. The term is sometimes used in the various states of the United States to denote writs which give the creditor possession of the debtor's lands for a limited time till the debt be paid. Roberts v. Whiting, 16 Mass. 186. Extent in aid is an extent issued at the suit or instance of a crown-debtor against a person indebted to himself. This writ was much abused, owing to some peculiar privileges possessed by crown-debtors, and its use was regulated by stat. 57 Geo. III. c. 117. See 3 Bla. Com. 419. Extent in chief is an extent issued to take a debtor's lands into the possession of the crown. Manorial extent. A survey of a manor made by a jury of tenants, often of unfree men sworn to sit for the particulars of each tenancy, and containing the smallest details as to the nature of the service due. These manorial extents "were made in the Interest of the lords, who were anxious that all due services should be done; but they imply that other and greater services are not due, that the customary tenants, even though they be unfree men, owe these services for their tenements, no less and no more. Statements that the tenants are not bound to do services of a particular kind are not very uncomadmissions corded that a 'day's work' ends at noon, that in return for some works they must provide food, even that the work is not worth the food that has to be provided.; but they do not admit that for certain causes, and for certain causes only, may they take there tenements into their own hands. As a matter of fact it is seldom of an actual ejectment that the peasant has to complain;" id. 359. Many examples of the manorial extents have been preserved in the monastic cartularies and elsewhere. "Among the most accessible are the Boldon Book (printed at the end of the official edition of the Domesday); the Black Book of Peterborough, the Domesday of St. Paul's, the Worcester Register, the Battle Cartulary, all published by the Camden Society; the Ramsey, Gloucester, and Malmesbury Cartularies or registers published in the Rolls series; the Burton Cartulary of the Salt Society and the Yorkshire Inquisitions of the Yorkshire Record Society;" id. 189. The "extents" of manors are descriptions which give the numbers and names of the tenants, the size of their holdings, the legal kind of their tenure and the kind and amount of their service; Maitland, Material for Hist. E. L. in 2 Sel. Essays in Anglo-Amer. Leg. Hist. 87.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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 AU. 263.

In Scotch practice. The value or valuation 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.

A Law Dictionary and Glossary

George C. Kinney · 1893

or extendi facias.

In English law. A species of execution upon debts of record due to the crown, or due a creditor upon recognizance, statute merchant or staple, directing an appraisal of the debtor's goods and lands, whereupon they are delivered to the creditor upon his suing out a libertate. The writ differs from an ordinary execution in that the body of the debtor and his goods and lands can all be taken at onca Extent in cliief: an extent issuing at the suit of the crown, for the recovery of the crown's debt Extent in aid: an extent issuing at the instance and for the benefit of a debtor to the crown, for the recovery of a debt due to himself.

In Scots law. The value or valuation of lands; the rents, profits and issues of lands.

A Dictionary of Law

Henry Campbell Black · 1891

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 valuation of lands. Bell. The rents, profits, and issues of lands. Skene.

A Dictionary of Law

William C. Anderson · 1889

1. In common parlance, varies somewhat in meaning according to the subject to which it is applied, and as that changes, it may as well refer to time as to 628; 18 Ct. CI. 117, 457; 31 J". E. 220; 32 id. 60, 564; 4 Del. Ch. 135; 66 Ga. 108; 87 Ind. 291; 59 Iowa, 77; 36 Kan. 637; 34 La. An. 225; 98 Mass. 29; 117 id. 448; 10 Minn. 113; 30 id. 297; 44 N. J. L. 45; 3 N. Mex. 56; 73 N. Y. 440; 59 Pa. 178; 71 id. 88, 429; 76 id. 03, 125, 501; 80 id. 412; 19 S. C. 147; 80 Va. 327, 373, 374; 60 Wis. 252; 62 id. 41; 66 id. 383, 565; 67 id. 89; L. R., 3 Exch. 177; 2 Pars. Cont., 6ed.,515(r, t). ' Coast-Line E. Co. v. City of Savannah, 30 F. E. 649 (1887). 2 Moers v. City of Reading, 21 Pa. 201 (1868). 8 South Boston R. Co. v. Middlesex E. Co., 121 Mass. 489 (1877), Morton,.1. See also A'olmer's Appeal, 115 Pa. 166 (1887): 19 W. N. C. 183. * See James v. Mc Millan, 65 Mich. 136 (1884). space, or proportion; especially so, when applied to interests, as in patents, for a particular term of years, l 3. At common law, a writ of execution by which the defendant's body, lands, and goods may all be taken at once, to compel payment of a debt. At present, concerns lands only. Originally enforced a recognizance or debt acknowledged on a statute merchant or staple. The sheriff caused the lands and tenements to be appraised to their full " extended " value that it might be known how soon the debt would be satisfled." Compare; Statute, Merchant. Sometimes denotes a writ by which the creditor may obtain possession of the debtor's land till the debt be paid.^ See Inquest, Of lands.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

A writ of execution upon a debt due the Crown, or due a creditor upon recognizance, statute merchant or staple, directing the sheriff to appraise the debtor's lands and goods; they were then delivered to the creditor upon his suing out a liberate. Extent in chief was at suit of the Crown; extent in aid, of a Crown debtor against his private debtor. There was also a special writ called Diem clausit extremum.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

(or EXTENDI FACIAS.)

In English practice. A species of execution upon debts of record due to the crown, differing in this respect from an ordinary writ of execution at suit of the subject, that under it the body, lands and goods may be all taken at once in order to compel the payment of the debt. 4 Steph. Com. 42. Its name is derived from the words of the old writ, commanding the sheriff to cause the lands, goods and chattels to be extended (extendi facias,) and appraised, &c. Id. 43. 3 Bl. Com. 420. See Extendi facias, Extend. There are two kinds of this writ; an extent in chief and an extent in aid. 2 Tidd's Pr. 1045. The act of extending lands, (L. Lat. extenta, extensio;) the act of the sheriff in executing the writ of extent. Bro. Abr. Extent. Stat. 16 & 17 Car. II. c. 5. See Extenta, Extentio. Extent in chief.

In English practice. The principal kind of extent, issuing at the suit of the crown for the recovery of the crown's debt. 4 Steph. Com. 47. 2 Tidd's Pr. 1046. See Extent. Extent in aid.

In English practice. 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's Pr. 1046. 4 Steph. Com. 47.