EXECUTION (Lat. cxeeulio, performance. from exequi, exsequi, to carry out, from cx, out sequi, to follow: connected with Gk. en-co-Oat, hrpesthai, Lith. sekti, Skt. sac, Av. hoe, to fol low, Goth. saikwan, Icel. sja, sehan, Ger. srhen, AS. s'on, Eng. see). The enforcement, by the duly constituted authorities, of a final judg ment, order, or decree of a court of justice. In strictness, the term has reference only to the enforcement of the process of the' common-law, courts, whether in civil or in criminal eases, and is not applicable to the procedure for carrying into effect the decrees of the equity courts. This is due to the radical difference in the jurisdiction exercised by the two classes of tribunals. A judgment in a court of law is merely an adjudi cation of the rights of the contending parties. declaring that one is or is not entitled to specific property or to a sum of money. In itself con sidered it has no further force, and is ineffectual until enforced by distinct process, and this is furnished by the writ of execution. addressed to the administrative officers of the county, and by the proceedings taken thereunder. A court of equity, on the other hand, acts in personas ; that is, its decree is directed to the person against whom the proceeding is brought and binds him directly without further process. The machinery of the court is sufficient to enforce its decrees without calling upon the administrative officers of the county or the State to carry them into effect. However, in those cases in which the decree in equity directs the delivery of specific property or the payment of a sum of money. the process of execution is coming to be employed for carrying it into effect.
Execution on civil process is generally accom plished by the seizure of the judgment debtor's property or person. In England, the subject is now regulated almost entirely by the rules of the Supreme Court. These declare that the term 'writ of execution' shall include the common-law writs of fieri facial. capias, elegit, sequestration, and attachment (qq.v.) ; and they provide for the form as well as for the manner of issuing and enforcing each of these writs.
in this country. the form of executions and the method of issuing and enforcing them are quite various. The statutes and court rules of each State must be consulted for the procedure therein, and the Federal statutes and court rules for the procedure in Federal jurisdictions. In
general terms it may be said that, a final judg ment having been rendered, the attorney for the judgment creditor is authorized to issue a writ of execution to the sheriff, marshal, or similar administrative officer, commanding him to seize and sell property of the judgment debtor suffi cient to pay the judgment with interest as well as the officer's fees and expenses. In certain eases, usually those where the judgment debtor has been guilty of some fraud or violence or other misconduct, an execution may be issued against his body, commanding the officer to seize and imprison him until the judgment is paid. This is commonly known as a 'body execution.' Certain property of the judgment debtor is ex empted by statute from execution. This includes, as a rule, a small amount of household furniture, of food and fuel for his family, of wearing ap parel, of books, tools, and implements of trade, and the like. Here, again, the statutes applica ble to a particular ease must be consulted. Con sult: Edwards, Law of Executions (London, 1888) ; Freeman, Treatise on the Law of Execu tions in Civil Cases (3d ed., San Francisco, 1900). See DEBTOR.
Execution in criminal eases is the enforce ment of a sentence or judgment duly pronounced by a court. Tf the judgment is for other than ca!,ital punishment (q.v.), a certified copy of its entry upon the minutes of the court is generally required to be furnished to the officer whose duty it is to enforce it, and no other warrant or evidence of authority is necessary to justify its execution. If the criminal is sentenced to the punishment of death, a warrant, signed by the judge presiding at the trial, is ordinarily de livered to the sheriff or similar officer, appoint ing the time and describing the manner of the execution. Formerly, criminal sentences were executed publicly, and often were revolting ex hibitions of cruelty. The modern tendency throughont Christendom has been to abolish the publicity and to minimize the cruelty of criminal executions. Consult the authorities referred to under the titles CRIMINAL LAW; SHERIFF ; CAPI TAL PUNISHMENT, etc. See PUNISHMENT: CAPI TAL. PUNISHMENT; DROWNING ; ELECTROCUTION; GUILLOTINE ; HANDING ; MAIDEN; : GATE ; PARRICIDE; PETNE FORTE ET DIME,: TREA SON; TYBURN; WHEEI„ BREAKING ON THE, etc.