E X T 
cal moifture. Harvey. —Dellrudtion ; excifion.—The ex- 
iin&i'on of nations, and the defolation of kingdoms, vvete 
but the effects of this deftrudti.ye evil. Rogers. —Sup- 
p re (lion : 
They lie in dead oblivion, lofing lialf 
The fleeting moments of too fhort a life, 
Total extinction of the enlighten’d foul. Thomfon. 
To EXTIN'GUISII, v. a. \_extinguo, Lat.] To put out; 
to quench : 
The foft god of pleafure that warm’d our defires, 
Has broken his bow, and extinguijh'd his fires. Dry den. 
To fupprefs; to deflroy : 
My fame ofehaftity, by which the flues 
1 reacht before, by thee extingui/h'd dies. Denham. 
To cloud; to obfeure : 
Bethink thee on her virtues that furmount, 
Her nat’ral graces that extinguijh art. Skakefpeare. 
EXTIN'GUISHABLE, adj. That may be quenched, 
ftipprelfed, or deftroyed. 
EXTINGUISHER,/. A hollow cone put upon a can¬ 
dle to quench it.—’Tis better to cover the vital flame 
with an exiinguijher of honour, than let it confume till it 
burns/blue, and lies agonizing within the focket. Collins. 
EXTINGUISHMENT,/! Extinction ; fuppreflion ; 
aCt of quenching ; deftruCtion.—The immediate caufe of 
death is the refolution or exiinguijkment of the fpirits. 
Bacon. 
When death’s form appears, flte feareth not 
An utter quenching, or extinguifhment ; 
She would be glad to meet with Inch a lot, 
That fo (lie might all future ill prevent. Davies. 
Abolition; nullification.—Divine laws of Chriflian church 
polity may not be altered by extinguijhment. Hooker. —Ter¬ 
mination of a family.—His heart eafily conceived treafon 
againft the crown, wherein he perilhed himfelf, and made 
a final extingui/hment of his houfe and honour. Davies. 
EXTINGUISHMENT,/! in law, the extinction or an¬ 
nihilation of a right, eftate, &c. by means of its being 
merged in, or confolidated with, another, generally a 
greater or more extenfive, right or eftate. Wherever a 
right, title, or intereft, is deftroyed, or taken away by the 
act of God, operation of law, or aft of the party, this is 
called an extinguifhment. Co. Lit. 147. This extinguifti- 
ment is of various natures, as applied to various rights, 
viz. eftates, commons, copyholds, debts, liberties, fer- 
vices, and ways. 
Extinguishment of Estates, is where a man hath 
a yearly rent out of lands, and afterwards purchafes the 
lands whereout it arifeth ; the property and rent are thus 
confolidated or united in one polfelfor; and therefore the 
rent is faid to be extinguilhed. Alfo where a perfon has 
a leafe for years, and afterwards buys the property ; this 
is a confolidation of the property and fruits, and is an ex- 
tinguifhment of the leafe : but if a man have an eftate in 
land but for life or years, and,hath a higher eftate, as a 
fee-fimple, in the rent ; the rent is not extinguilhed, but 
in fufp.enfe fora time; for after the term, the rent fliall 
revive. Extinguiftiment of a rent is a deftroying of the 
rent by purchafe of the land ; for no one can have a rent 
going out of his own land ; though a perfon mult have as 
high an eftate in the land, as in the rent, or the rent will 
not be extinct. Co. Lit. 147. If a perfon hath a rent-charge 
to him and hi.s heirs ilfuing out of lands, and he pitr- 
chafeth any part of the land to him and his heirs; as the 
rent is entire and ilfuing out of every part of the land, 
the whole rent-charge is extinguilhed : though it is not 
fo where one hath a rent-fervice, and purchafeth part of 
the land out of which it ilfues ; rent-fervice being appor. 
tionable accordingto the value.of the land, fo that it (hall 
only extinguilh the rent for the land purchafed. Co. Lit. 
148. And it the grantee of a rent-charge purchafes par¬ 
cel of t he lands, and the grantor by his deed granteth that 
VOL. VII. No. 414. * 
E X T 137 
he may diftrain for the rent in the refidue of the land, this 
amounts to a new grant. Co. Lit. 147. 
If a man be foiled of a rent-charge in fee, and grants 
it to another and ISis heirs, and the tenant attorns -; the 
grantor is without remedy for the,rent in arrear before his 
grant ; and fuch arrears .become as it were extinct. 
Vaugh. 40. A. B. made'a leafe'for years of lands to ano¬ 
ther, and afterwards granted a rent-charge to C. D. who 
devifed the faid rent to the faid A. B. till 100I. lltould be 
levied ; then to B. G. and died : adjudged that by the 
devife to A. B. the rent was fufpended, and that a-per- 
fonal thing once fufpended by tlie adftof the party is extin- 
guiflied for ever. Dyer , 140. If tenant for life, makes a 
leafe for years, rendering rent, and afterwards the revevfion 
defeends to the tenant for life ; this is not an extinguifh¬ 
ment of thd term ; but it is otherwife if he have the re¬ 
version by purchafe. 1 Co. Rep. 96. A jointenant for life 
purchafes the land in reverlion, it will extinguilh the 
eftate for life for a'moiety, and fever the •joint-tenure, 
2 Rep. 60. Lands are given to two men, and the heirs of 
their bodies; though they have an eftate for life jointly, 
and feveral inheritances, yet the eftate for life is not ex- 
tinCt. Contra, if it be by feveral conveyances; as where 
a leafe is made to two for their lives, and after the leftor 
grants the reverlion to them aiid their heirs, &c. here the 
life eftate will be extinguilhed. Co. Lit. 182. 
When the freehold cometh to the term, the eftate for 
years is extinct. 2 Air If. Abr. 820. Where the re mainderof 
a term is granted over to another, if the party in polfef- 
lion purchafe the fee-fimple, though by this means his in¬ 
tereft is extinguilhed ; yet that fliall not defeat the rever- 
fionary intereft. 10 Rep. 52. A fine, See. of lands, will 
extinguifii a term : and by purchafe of an eftate in fee- 
fimple, afi e(late-tail in land is extindt. But if a fee-iim- 
ple and fee-tail meet together by deicent, the eftate-taiL 
will not be extinguilhed. 1, Rep. 61. Defcent of lands to 
the fame perfon who has a term, will extinguilh the term. 
Moor, 286. 
When a leftor enters tortioufly upon the lelfee againft 
his confent, the rent is extinguilhed. 2 Lev. 143. But it 
has been adjudged, that rent is not extimft by the entry 
of the leftor, but only fufpended ; and revives by the 
lelfee’s re-entry. Dyer, 361. An infant has a rent, and 
purchafes the land out of which it is ilfuing; by this the 
rent will be fufpended, but not extinct. Bio. Extinguijh. 
A man lelfee for years takes a wife, or woman lelfee a 
hufband, that hath the reverfion after the leafe ; here the 
term is not extinguilhed. 12 Rep. 8s. 
Extinguishment 01- Common. —Bypurchafinglands 
wherein a perfon hath common appendant, the common 
is extinguilhed. Cro. Eliz. 594. A commoner releafes 
his common in one acre, it is an extinguiftiment of the 
whole common. And where a perfon hath common of 
vicinage, if he inclofes any part of the land, all the com¬ 
mon is extinct, 1 Brownl. 174. But if one hath common 
appendant in a great wade, belonging to his tenant, and 
the lord improve part of the wafte, leaving Sufficient ; if 
he after make a feoffment to the commoner of the land im¬ 
proved, this will be no extinguifhment. Dyer, 339. A 
commoner aliens part of his lard, to w hich the common 
doth belong ; the common is not extinct, but fliall be 
divided. 2 S/icp. Abr. 152. 
Extinguishment of Copyholb.— It is laid down as 
a general rule, that any aft of the copyholder’s, which 
denotes his intention to hold no longer of his lord, and 
amounts to a determination of his will, is an extinguifii, 
meiit of his copyhold. ILutt. 81. As if a copyholder in 
fee accepts a leafe for years of the fame land fro in the lord, 
this determines his copyhold eftate ; or if the lord leafes 
the copyhold to another, and the copyholder accepts an 
ailignment from the lelfee, his copyhold is extinct. Moor, 
184.—So if a copyholder bargains and fells his copyhold 
to the lelfee for years of the manor, his copyhold is there¬ 
by extinguilhed ; or if he joins with his lord in a feoff¬ 
ment of the manor, his copyhold is thereby extinct ; for 
N n thefe' 
