EXTENSION, comm. law. This term is applied1 among merchants to signify an agreement made between a debtor2 and his creditors3, by which the latter, in order to enable the former, embarrassed in his circumstances, to retrieve4 his standing5, agree to wait for a definite length of time after their several claims should become due and payable6, before they will demand payment.
2. Among the French, a similar agreement is known by the name of atermoiement. Merl. Rep. mot Atermoiement.
EXTENT IN AID, English practice. An exchequer7 process, formerly8 much used, and now liable to be abused; it is regulated by 57 Geo. III. o. 117.
EXTENT IN CHIEF, English practice. An execution issuing out of the exchequer at the suit 'of the crown. It is a mere9 "fiscal10 writ11. See. West on Extents; 2 Tidd. Index.
2. When land was extended at a valuation too low, there was no remedy at common law but to pay the money. 15 H. VII. Nor yet in chancery, unless there was fraud, because the extent was made by the oath of a jury, and deemed reasonable according to the writ of extent for that cause: otherwise every verdict might be examined in a court of chancery. Crompt. on. Jurisdic. 55 a.
EXTENUATION12. That which renders a crime or tort less heinous13 than it would be without it: it is opposed to aggravation14. (q. v. )
2. In general, extenuating15 circumstances go in mitigation of punishment in criminal cases, or of damages in those of a civil nature. See Aggravation; Mitigation.
EXTERRITORIALITY. This term is used by French jurists to signify the immunity16 of certain persons, who, although in the state, are not amenable17 to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a foreign power, are of this class. Foelix, Droit Intern18. Prive, liv. 2, tit. 2, c. 2, s. 4. See Ambassador; Conflict of Laws; Minister.
EXTINCTION19 OF A THING. When a thing which is the subject of a contract has been destroyed, the contract is of course rescinded20 as, for example, if Paul sell his horse Napoleon to Peter, and promises to deliver him to the buyer in ten days, and in the mean time the horse dies, the contract is rescinded, as it is impossible to deliver a thing which is not in esse; but if Paul engage to deliver a horse to Peter in ten days, and, for the purpose of fulfilling his contract, he buys a horse and it die, this is no cause for rescinding21 the contract, because he can buy another and complete it afterwards. When the subject of the contract is an individual, and not generally one of a species, the contract may be rescinded; when it is one of a species which has been destroyed, then, it may still be completed, and it will be enforced. Lec. El. Dr. Rom. §1009.
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