EXECUTION ox CIVIL PROCESS (ante), the writ which directs and authorizes the officer to carry into effect the final judgment or decree of a court upon the person or estate against whom judgment has been given. It is usually, though not always, a writ for the recovery of money for debt or damages out of the estate of a defendant. Sometimes it is a writ for a defendant upon a judgment in replevin, for a return of goods with damages; and sometimes a writ for the recovery of costs only. An execu tion on civil process may be taken out as soon as judgment is pronounced, even before it is recorded. The execution, unless otherwise specially provided by statute, or unless a writ of error or some agreement of the parties be interposed, must be taken out within a year and a day from the time the judgment was signed. After that time execution cannot issue unless a fieri facias, or capias ad satisfaciendum, was previously sued out. The writ is directed to the sheriff, or in case of his disqualification by interest or other wise, to the coroner, who becomes responsible for its execution, and is liable for dam ages if he neglect his duty. He is authorized to sell the personal property of the
defendant at auction, and apply the proceeds to the satisfaction of the judgment and the costs and charges of the proceedings; and if there be a surplus, it must be paid to the defendant. In general, landS are not subject to execution; but, after a levy has been made under the fieri facias, they must be appraised by the sheriff's jury and deliv ered to the plaintiff at the valuation until the debt is paid out of the profits. Exemp tion is made of certain property from execution for debt, as, for instance, household furniture, necessary provisions and fuel for the use of the family, necessary wearing apparel, bedding, tools of trade, books, pictures, etc., and a homestead of a certain value. The laws of the several states in respect to such exemptions are not uniform in all particulars.