KFLCC Kingdom Law 2nd Ed.

461

EXECUTOR

EXECUTION

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. U. S. v. Nourse, 9 Pet. 28, 9 L. Ed. 31; Griffith v. Fowler, 18 Vt. 394; Pierson v. Hammond, 22 Tex. 587 ; Brown v. U. S., 6 Ct CI. 178; Hurlbutt v. Currier, 68 N. H. 94, 38 Atl. 502; Darby v. Carson, 9 Ohio, 149. 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 or quousque; 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. sa. 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. It is a vulgar error to speak of the "execu tion" of a convicted criminal. It is the sen tence of the court which is "executed;" the criminal is put to death. In French law. A method of obtaining satisfaction of a debt or claim by sale of the debtor's property privately, i. e., without ju dicial process, authorized by the deed or agreement of the parties or by custom; as, in the case of a stockbroker, who may sell se curities of his customer, bought under his in structions or deposited by him, to indemnify himself or make good a debt Arg. Fr. Merc. Law, 557. —Execution paree. In French law. A right founded on an act 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 Proc. La. art. 732; 6 Toullier, no. 208; 7 Toullier, no. 99.— At tachment execution. See ATTACHMENT.— Dormant execution. See DORMANT.— Eq uitable execution. This term is sometimes applied to the appointment of a receiver with power of sale. Hatch v. Van Dervoort, 54 N. J. Eq. 511, 34 Atl. 938 —Execution creditor. See CREDITOR.— 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 decree of the court upon a bill filed for that purpose. This happened generally in cases where, parties hay-- ing neglected to proceed upon the decree, their rights under it became so embarrassed by a va riety of subsequent events that it was neces sary to have the decree of the court to settle and ascertain them. Such a bill might also be brought to carry into 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 defendant avoided by fleeing into England. This species of bill was generally partly an original bill, and partly a bill in the nature of an orig inal bill, though not strictly original. Story, Eq. PI. 342; Daniell, Ch. Pr. 1429.— Execu tion of deeds. The signing, sealing, and de livery of them by the parties, as their own acts and deeds, in the presence of witnesses.— Ex ecution sale. A sale by a sheriff or other

ministerial officer under the authority of a writ of execution which he has levied on property of the debtor. Noland v. Barrett, 122 Mo. 181, 26 S. W. 692, 43 Am. St Rep. 572; Norton v. Eeardon, 67 Kan. 302, 72 Pac. 861, 100 Am. St. Rep. 459.— Testatum execution. See TESTATUM.— General execution. A writ com manding an officer to satisfy a judgment out of any personal property of the defendant. If au thorizing him to levy only on certain specified property, the writ is sometimes called a "spe cial" execution. Pracht v. Pister, 30 Kan. 568, 1 Pac. 638.— Junior execution. One which was issued after the issuance of another execu tion, on a different judgment, against the same defendant. A writ commanding execution of a judgment Ob solete. Cowell. EXECUTIONE FACIENDA IN WITH ERNAMIUM. 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. A writ direct ed 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. The name given to him who puts criminals to death, according to their sentence; a hangman. As distinguished from the legislative and judicial departments of gov ernment 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 used as an impersonal designation of the chief executive officer of a state or nation. Comm. v. Hall, 9 Gray (Mass.) 267, 69 Am. Dec. 285; In re Railroad Com'rs, 15 Neb. 679, 50 N. W. 276; In re Davies, 168 N. Y. 89, 61 N. E. 118, 56 L. R. A. 855; State v. Denny, 118 Ind. 382, 21 N. E. 252, 4 L. R. A. 79. —Executive administration, or ministry. A political term in England, applicable to the higher and responsible class of public officials by whom the chief departments of the govern ment of the kingdom are administered. The number of these amounts to fifty or sixty per sons. Their tenure of office depends on the con fidence of a majority of the house of commons, and they are supposed-to be agreed on all mat ters of general policy except such as are specif ically left open questions. Cab. Lawy.— Ex ecutive officer. An officer of the executive department of government; one in whom re sides the power to execute the laws; one whose duties are to cause the laws to be executed and obeyed. Thorne v. *San Francisco, 4 Cal. 146; People v. Salsbury, 134 Mich. 537, 96 N. W. 939; Petterson v. State (Tex. Cr. App.) 58 S. W. 100. A person appointed by a testator to carry out the directions and re quests in his will, and to dispose of the prop erty according to his testamentary provisions after his decease. Scott v. Guernsey, 60 EXECUTIONE FACIENDA. EXECUTIONE JUDICII. EXECUTIONER. EXECUTIVE. EXECUTOR.