EXTENDERE

2 definitions found across Law Mind sources

EXTENDEREAuthored
The Law Mind • 835 words
Definition
A Latin term from old English legal practice with three related but distinct procedural meanings, all arising in the context of land valuation and creditor remedies: 1. To appraise or value. In its primary sense, extendere meant to assess the value of land or goods, typically as a step in satisfying a judgment debt. The term is the verbal root of the writ of extent. 2. To lay out, survey, or make an inventory of. In this sense, extendere described the act of physically surveying and inventorying land — determining its extent and composition — before or concurrent with appraisal. 3. To set off or assign. Extendere also described the act of formally assigning a quantity of land to satisfy a debt or legal obligation, as where a sheriff would set off a specified acreage of rated value to a creditor in lieu of payment. A secondary reflexive use — extendere se — meant "to amount to," used in pleading and computation contexts to describe the total sum to which damages or a claim extended.
Common Confusion
Extendere and its English derivative "extend" share a root but diverged sharply in legal usage. In modern English, to extend means to stretch, lengthen, or make an offer. In old English legal practice, extendere carried the precise technical meaning of valuing and assigning land under judicial process. A researcher encountering "extend" in pre-modern English legal documents — particularly in connection with writs, sheriffs, and judgment creditors — should read it in the extendere sense, not the modern English sense.
Why It Matters in Research
This term is a navigational marker. Researchers will not encounter extendere in modern materials; its relevance is confined to medieval and early modern English legal records, Year Books, Bracton, and related treatises. Several traps await: First, the multiple meanings can obscure what stage of a proceeding is being described. Appraisal, survey, and assignment were sequential steps in executing a writ of extent, but extendere could refer to any of them. Context — particularly whether a sheriff's return, a writ, or a pleading is at issue — determines which meaning applies. Second, the reflexive form extendere se appears in damage computation contexts and resembles accounting language more than land law. A researcher reading a medieval damages plea must recognize this as a statement of total sum, not as a reference to land proceedings. Third, extendere is the Latin root for the English writ known as an extent (sometimes spelled extente or extenta), the writ of elegit, and associated process against land. These writs, abolished in England by the mid-nineteenth century, are the practical context for almost every appearance of extendere in the Law Mind corpus. Cross-referencing entries for EXTENT and ELEGIT is essential. Fourth, Bracton's use of extendere (folios 72 and 75) is a primary source. Researchers using Bracton directly should treat Burrill's cross-references to those folios as reliable entry points, while noting that Bracton's Latin can use extendere loosely across the valuation-survey-assignment continuum.
Historical Dictionary Support
Burrill's Law Dictionary is the sole shelf source treating extendere directly, and its entry is characteristically compressed but precise. Burrill supplies the core three-part meaning and anchors it to Bracton and Britton — the two foundational thirteenth-century treatises — without elaborating on the procedural sequence connecting the meanings. What Burrill's entry does not provide is any synthesis of how extendere related to the formal machinery of the writ of extent and the sheriff's role in executing it. The entry also truncates the extendere se definition without completing the illustrative phrase, which leaves that usage under-explained. Researchers relying on Burrill alone will understand the vocabulary but may not fully grasp the procedural stakes. No other shelf source in the current Law Mind corpus provides a competing or supplementary definition. The absence of extendere from later American legal dictionaries reflects the term's obsolescence: extent proceedings against land were largely unknown in American practice, and the term did not cross the Atlantic with meaningful force.
Jurisdictional Note
Extendere is an English law term with no American practice counterpart. It arose in, and was confined to, the common law of England. Researchers working with colonial American records may encounter derivative terminology, but the full procedural framework of extent — and therefore the full range of extendere's meanings — belongs to English legal history, not American.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia — EXTENT (writ of); ELEGIT; SHERIFF'S RETURN
Related Terms
Extent (writ of) — the English writ to which extendere is the verbal root Elegit — related writ allowing a judgment creditor to hold land until debt satisfied Appreciare — to appraise; paired with extendere in the compound extendere et appreciare Extend — English derivative; see Common Confusion note above Inquisition of Office — related proceeding involving survey and valuation of land Librata terrae — pound-land; the unit of land value used in extendere assignments Fieri Facias — parallel writ for goods rather than land; useful contrast term
EXTENDEREmain
Burrill's Law Dictionary • 1867
L. Lat. In old English practice. To appraise or value. See Extend. To lay out, survey, or make an inventory of. Extendere et appreciare; to lay out and appraise. Bract. fol. 72. See Britt. c. 71. To set off, or assign. Extenderunt tali xx. libratas terræ pro decem; they set off to such a one twenty pound-lands instead of ten. Bract. fol. 75. Extendere se; to amount to. Ad quam summam damna se extendunt occasione, &c.; to what sum the damages amount, on occasion, &c. Reg. Jud. 58 b. See Attingere.

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