Age of gold at English => English (Websters 1913) Of Explained:
the trusts had a view to a future instrument for accomplishing his
intention. Prest. on Est. 188.EXECUTIO NON. These words occur in the stat. 13 Ed. I. cap. 45, in the
following connexion: Et...precipiatur vice comiti quod scire faciat parti...
quod sit ad certum diem ostensura si quid sciat dicere quare hujustnodi
irrotulata vel in fine contenta executionem habere non debeant. This statute
is the origin of the scire facias post annum et diem quare executionem non,
etc. To a plea in bar to such a writ, the defendant should conclude that the
plaintiff ought not to have or maintain his aforesaid execution thereof
against him, which is called the executio non, as in other cases by actio
non. (q.v.) 10 Mod. 112; Yelv. 218.EXECUTION, contracts. The accomplishment of a thing; as the execution of a
bond and warrant of attorney, which is the signing, sealing, and delivery of
EXECUTION, crim. law. The putting a convict to death, agreeably to law, in
pursuance of his sentence.
EXECUTION, practice. The act of carrying into effect the final judgment of a
court, or other jurisdiction. The writ which authorizes the officer so to
carry into effect such judgment is also called an execution.
2. A distinction has been made between an execution which is used to
make the money due on a judgment out of the property of the defendant, and
which is called a final execution; and one which tends to an end but is not
absolutely final, as a capias ad satisfaciendum, by virtue of which the body
of the defendant is taken, to the intent that the plaintiff shall be
satisfied his debt, &c., the imprisonment not being absolute, but until he
shall satisfy the same; this is called an execution quousque. 6 Co. 87.
3. Executions are either to recover specific things, or money. 1. Of
the first class are the writs of habere facias seisinam.; (q.v.) habere
facias possessionem; (q.v.) retorno habendo; (q.v.) distringas. (q.v.) 2.
Executions for the recovery of money are those which issue against the body
of the defendant, as the capias ad satisfaciendum, (q.v.); an attachment,
(q.v.); those which issue against his goods and chattels; namely, the fieri
facias, (q.v.); the, venditioni exponas, (q.v.); those which issue against
his lands, the levari facias; (q.v.) the liberari facias; the elegit. (q.v.)
Vide 10 Vin. Ab. 541; 1 Ves. jr. 430; 1 Sell. Pr. 512; Bac. Ab. h.t.;
Com. Dig. h.t.; the various Digests, h.t.; Tidd's Pr. Index, h.t.; 3
Bouv. Inst. n. 3365, et seq. Courts will at any time grant leave to amend an
execution so as to make it conformable to the judgment on which it was
issued. 1 Serg. & R. 98. A writ of error lies on an award of execution. 5
Rep. 32, a; 1 Rawle, Rep. 47, 48; Writ of Execution;EXECUTION PAREE. By the term execution paree, which is used in Louisiana, is
meant a right founded on an authentic act; that is, and passed before a
notary, by which 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 his payment. It imports a confession of judgment, and is
not unlike a warrant of attorney. Code of Pr. of Lo. art. 732; 6 Toull. n.
208; 7 Toull. 99.EXECUTIONER. The name given to him who puts criminals to death, according to
their sentence; a hangman.
2. In the United States, executions are so rare that there are no
executioners by profession. It is the duty of the sheriff or marshal to
perform this office, or to procure a deputy to do it for him.EXECUTIVE, government. That power in the government which causes the laws to
be executed and obeyed: it is usually. confided to the hands of the chief
magistrate; the president of the United States is invested with this
authority under the national government; and the governor of each state has
the executive power in his hands.
2. The officer in whom is vested the executive power is also called the
3. The Constitution of the United States directs that "the executive
power shall be vested in a president of the United States of America." Art.
2, s. 1. Vide Story, Const. B. 3, c. 36.EXECUTOR, trusts. The word executor, taken in its largest sense, has several
acceptations. 1. Executor dativus, who is one called an administrator to an
intestate. 2. Executor testamentarius, or one appointed to the office by the
last will of a testator, and this is what is usually meant by the term.
2. In the civil law, the person who is appointed to perform the duties
of an executor as to goods, is called haeres testamentarius; the term
executor, it is said, is a barbarism unknown