Blacks Law Dict. 1st ed

EXECUTIO

455

EXECUTIVE

EXECTJTIO. Lat. The doing or follow ing up of a thing; the doing a thing complete ly or thoroughly; management or adminis tration. In old practice. Execution; the final process in an action. EXECUTIO BONORUM. In old English law. Management or administration of goods. Ad ecclesiam et ad amicos pertinebit executio bonorum, the execution of the goods shall be long to the church and to the friends of the deceased. Bract, fol. 606. Executio est executio juris secundum judicium. 3 Inst. 212. Execution is the execution of the law according to the judg ment. Executio est finis et fructus legis. Co. Litt. 289. Execution is the end and fruit of the law. Executio juris non habet injuriam. 2 Boll. 301. The execution of law does no injury. EXECUTION. The completion, fulfill ment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a will. The performance of a contract according to its terms. In practice. The last stage of a suit, whereby possession is obtained of anything recovered. It is styled "final process," and consists in putting the sentence of the law in force. 3 Bl. Comm. 412. The carrying into effect of the sentence or judgment of a court. Also the name of a writ issued to a sheriff, constable, or marshal, authorizing and re quiring him to execute the judgment of the court. At common law, executions are said to be either final OT guousgue; the former, where complete satisfaction of the debt is intended to be procured by this process; the latter, where the execution is only a means to an end, as where the defendant is arrested on ca. ta. In criminal law. The carrying into ef fect the sentence of the law by the infliction of capital punishment. 4 Bl. Comm. 403; 4 Steph. Comm. 470. EXECUTION OF DECREE. Some times from the neglect of parties, or some other cause, it became impossible to carry a decree into execution without the further de

cree of the court upon a bill filed for that purpose. This happened generally in cases where, parties having neglected to proceed upon the decree, their rights under it became so embarrassed by a variety of subsequent events that it was necessary to have the de cree of the court to settle and ascertain them. Such a bill might also be brought to carry in to execution the judgment of an inferior court of equity, if the jurisdiction of that court was not equal to the purpose; as in the case of a decree in Wales, which the de fendant avoided by fleeing into England. This species of bill was generally partly an original bill, and partly a bill in the nature of an original bill, though not strictly original. Story, Eq. PI. 342; Daniell, Ch. Pr. 1429. EXECUTION OF DEEDS. The sign ing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses. EXECUTION PAREE. In French law. A right founded on an act passed before a notary, by which the creditor may immedi ately, without citation or summons, seize and cause to be sold the property of hia debtor, out of the proceeds of which to receive his payment. It imports a confession of judg ment, and is not unlike a warrant of attor ney. Code Proc. La. art. 732; 6 Toullier, no. 208; 7 Toullier, no. 99. EXECUTIONE FACIENDl. A writ commanding execution of a judgment. Ob solete. Cowell. EXECUTIONE FACIENDA IN WITHERNAMIUM. A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82. EXECUTIONE JUDICII. A writ di rected to the judge of an inferior court to do execution upon a judgment therein, or to re turn some reasonable cause wherefore he de lays the execution. Fitzh. Nat. Brev. 20. EXECUTIONER. The name given to him who puts criminals to death, accordiug to their sentence; a hangman. EXECUTIVE. As distinguished from the legislative and judicial departments of government, the executive department is that which is charged with the detail of carrying the laws into effect and securing their due observance. The word "executive" is also

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