EXECUTION ON CIVIL PROCESS is the method whereby the English high court enforces its judgment on the person or estate of those against whom judgment hasbeen given. The common law of England allows four different writs to issue against refrac tory debtors—viz., a fieri facias (called commonly a fi. fa.), a capias ad satiyaciendum (ca. sa.), levari facias, and elegit. These writs issue from the court of the division in which the proceedings are grounded, and are addressed to the sheriff of the county. By a fi. fa. the goods and chattels of a debtor may be attached. This writ lies against all proprietors, peers, etc. A writ of ca. sa. is directed against the person of a debtor. It does not lie against privileged persons. Under this writ, the sheriff may imprison a debtor, and detain him until the debt has been satisfied. A writ so stringent in its effect is regarded by the law as the last remedy; hence, when a ca. sa. has been issued, no other writ can proceed against the debtor. But if a fi. fa. has been first issued for a part of the debt, a ca. sa. will still lie for the remainder. By recent statutes, a ca. sa. cannot be issued to imprison for debt unless fraud was involved. A levari facias is now seldom used. It is directed against a man's goods and the profits of his lands. The writ of elegit is of very ancient date. It is directed 'against the lands themselves. See ELEGIT. In the chancery division of court, execution against the estate is effected by writ of fieri facias, or writ of elegit. Execution against the person is by writ of attach ment. Should this latter writ be returned non est inventus, the party prosecuting has it in his option to take out a writ of sequestration of the estate, with issues of course, or to obtain an order for the sergeant-at-arms. An attachment does not lie against a peer
or other privileged person, but an order called a sequestration nisi is issued. In cases of contempt, the high court in each division has also the power to order personal com mitment. In all cases execution may issue immediately, each writ being renewable after a year, within six years; but the court or judge can stay execution to a time fixed —or subject to conditions.
Execution for debt in Scotland, or, as it is technically expressed, diligence in execu tion, is either real or personal: by the former, the debtor's lands may be attached; by the latter, his person and his movables. In order to entitle a creditor to use diligence against the person or estate of his debtor, the debt on which the diligence proceeds must be duly constituted by a liquid document, or by a decree, or by an action in which decree is sought. In this latter case, the law in peculiar circumstances allows diligence on the dependance, in order that a party may not be deprived of his remedy during the currency of the action, but such diligence depends for its effect upon the judgment in the cause. In the case of bonds and other instruments registered for execution (see REG ISTRATION), the law allows summary diligence to proceed; that is to say, execution may proceed without the need of further application to the court. Diligence against heri tage includes INHIBITION, ADJUDICATION, RANKING AND SALE, POINDING OF THE GROUND. Personal diligence is by EIORNDIG AND CAPTION, ARRESTMENT, and FORTH comma. See these several heads.