Page:Black's Law Dictionary (Second Edition).djvu/469

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EXECUTION

consists in putting the sentence of the law in force. 3 Bl. Comm. 412 The Carrying into effect of the sentence or jurlgnient of u court. U. S. v. Nourse. 9 Pet. 28, 9 L. Ed. 31; Grlllith v. Fowler. 18 Vt. 394; Pierson V. Hammond. 22 Tet 587: Brown v. U. S-. 13 Ct. Cl. 178; iiuriiiutt v. Currier. 68 N. 11. 94, 38 At]. 502; Dari-y v. Carson, 9 Ohio, 149.

Also the name of :1 writ issued to :1 sheriti, con. uhle, or marshal, authorizing and re- quiring him to execute the judgment of the court.

_\t common law. B.\'(‘('litiOl]S are said to be either /imzl or quousque; the former, \\ here complete siitisfnction of the debt is intended to be 1)i'u('u1'ed by this process: the latter, Where the execution is only :1 means to .in end, as where the defendant is arrested on ca. .911.

In criminal law. The carr_\ing i.iito effect the sentence of the law by the iniliction of capital liuuishment. 4 Bl. Comm. 403; 4 Staph. Comm. -170.

It is a vulgar crror to speak of the "execution" of 8 convicted criminiil. It is the sentence of the court which is “executed ;" the criminal is put to death.

In French law. A method of ohtsining satisfaction of a debt or claim by sale of the dehtor‘s property pi-ivatel, 1'. (2., without ju- dicial process, authorized by the deed or ngreeinent of the parties or by custom; us, in the case of a stockbroker, who may sell se curitlcs of his customer, houcht under his instructions or deposited by him, to indemnify himself or make good 11 deht. Arg. Fr. 1\ier(‘. Law, 557.

—Exieeu1:ion puree. In French law. A right founded on an act passed before u notnry. hy vi_hich the creditor may immediately, without citation or summons. seize and cause to be sold the property of his debtor. out of the proceeds of which to receive bis payment. It impnrts a confession of judgment, and is not unlike a warrant of attorney. Code Proc. Ls. art 732; 6 Toullier, no. 2 ‘: 7 Touliier, no. 9(l.—Attachment execution. See .-\Ti‘ACJIl\Ll.'2l\"l‘.—- Dox'1na.nt execution. See Doinmlx‘-r.—Eq. uitable execution. This tcrin is soinetinins applied to the appointment of a receiver with pnwcr of sale. llatcli v. Van Dervoorf, 51 N. J. 4‘ . 511. 34 Atl. 93S.—Executiun creditor. See ‘neni'roR.—Exeout:ion of decree. Sometimes frnm the neglect of parties, or some other cruise, it be(':1me impossible to carry a decree into execution viithnnt the further decree of the court upon a hill filed for that purpose. This ilillilil-‘iifll gem=rzill_\' in czises where. pzutics having neglected to proceed upon the (ilE|‘B€, their rishts uniier it become so embarrassed by a variety of suhsequent events that it vias necesr sary to hare the decree of the court to settle and nscertsin them. Such a hill might also be hroiight to carry into execution the judgment of on llJf(‘l‘i0i‘ court of equity, if the juris|l' ’ ion , as ch the defeiidnnt aioidcd by ilcciuc into England. This spccics of bill W'iS ,1!-neinlly partly an original hill, and partly a hill in the nnhirv of an orig- . though not stiictiv oii_-:1 Story, Eq. Pl. Ii-12; Dauicll. —]-1xecu- lriuu of deeds. The signing, sealing, and de- iiver_v of them by the parties, as their «win acts nnd (lends, in the presence of Wituesses.—Ex- scution sale. A sziie by a shcriif or other


461

EXECUTOR

ministerisi officer under the authority of a writ of execution which he has levied on firoperty of 1 .

the dehtor. Noland v. Barrett, o.

S. W. G92. . '

Iieardon, 137 Ixun. 3li2. . Si. Rep. 4Fi9_—Test:i.tu1n execution. See Tl-‘ AiLii(.—Gene1-al execution. .-‘\w1'itcol.u-

ma (ling an uilicer to satisfy 3. judgment out of any peisunnl property of the defendant. If anthoiizing him to levy only on certain specified properly, the writ is sometimes called a “s cinl" EXT-'(‘|iIi0l.'i. Pracht v. Pister, 30 Ken. 568. 1 Pac. (i:iS.—Junior execution. One which was issued after the issuance of another execution. on ri diilerent judgment, aguinst the some defendant

EXECUTIONE FACIENDA. A writ commanding execution of u judgment. Ob- solete. Powell.

EXECUTIONE FACIENDB IN WITH- ERNAMIUM. A ‘writ that lily for tithing cattle of one who has conveyed the cattle of another out of the county. so that the sheriif cannot replevy them. Reg. Orig. 82.

EXECUTIONE JUDICII. A Writ directed to the judge of nn inierior court to do execution upon 3 judgment therein, or to return some reosonahie 1.'.i|iSe wherefore he de- lays the execution. Fitzh. Nut Brev. 20.

EXECUTIONER. The name given to him who puts criminals to death, according to their sentence; It hnngni-an.

sxncurrvn. As distinguished from the G

ie:;isi.-ztive and judicial departments of government, the executive depmiment is that which is charged with the detail of carrying the laws into effect and securing their due ohservance. The word “executive” is also used as an iinpersonni designation of the chief executive officer of s state or nation. Comm. v. Ilaii, 9 Gray (i\l:1:~'s.) 267, 60 Am. Dec. 285; In re RAlliI‘0i1(l (fonrrs, 15 Sch. G79, 50 N. W 276: In re Davies. 168 N. 1’. SD, 61 N 118. 56 L R. A. 555: State v. Denny, 118 Ind. 382. 2] N. E. 2.”i'.7., 4 L. IL A. 79. —Executive administration, or ministry. A political term in England, iippiiciible to the higher and responsible class of public offir-ials hy whom the chief departments of the government of the i(il..l:.’(lOl.l] are administered. The number of these amounts to fifty or sixty persons. Their tenure ollice depends on the con- fidence of a majority of the house of commons, and they are supposed to be agreed on all matters of general policy except such as are specif- ically ieit open questions. Cab. lawy.—E_x- ecutiv-o 1: tier. An officer of the executive dcparhnent of goverumcnt: one in whom resides the power to execute the laws; one whose duties are to cause the lows to be executed and 0l.I('_i'(‘ll. Thorne v. -San Francisco. 4 ("IL 14!}: People v. Sulshury, 134 Mich. 537, ‘JG N. “C .<)::Xl;0g’ettcrson v. State (Tex. Or. App.) 58 S. W. 1 .


I-JXECUTOR. A person appointed by u testator to carry out the directions and re- quests in his will, and to dispose of the prop erty according to his testamentary provisions

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after his decease. Scott v. Guernsey, 60M