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Execution

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EXECUTION. The accomplishment of a thing; the completion of an act or instru ment; the' fulfilment of an undertaking. Thus, a contract is executed when the act to be done is peiformed; a deed is executed when it is sealed, and delivered. See Gaskill v. King, 34 N. C. 221. Where the party is present and directs another to sign for him, no written authority is necessary ; Mut. Ben. Life Ins. Co. v. Brown, 30 N. J. Eq. 193; McMurtry v. Browu, 6 Neb. 368; Jansen v. McCahill, 22 Cal. 563, 83 Am. Dec. 84; Fitzpatrick v. Engard, 175 Pa. 393, 34 Atl. 803 ; Reed, St. of Fr. 1063.

In L aw. Putting a convict to death, agreeably 'to law, in pursuance of his sentence. This is to be performed by the sheriff or his deputy ; (see 4 Bla. Com. 403 ;) or under the laws of the United States, by the marshal. Under the Pennsylvania prac tice, the governor issues a mandate to exe cute the sentence of death. The origin of the custom and the forms of mandate and return thereto are found in Com. v. Hill, 185 Pa. 385, 39 Atl. 1055, per Mitchell, J. He

points out that the superior courts at West minster issued warrants of death, and the Court of King's Bench, being held before the king himself, had further power to issue ex ecution of judgments on attainder in parlia ment or in other courts. The practice of mandates prevails in other states. Com. v. Costley, 118 Mass. 35; Lowenberg v. Peo ple, 27 N. Y. 336 ; In re Dyer, 56 Kan. 489, 43 Pac. 783 ; Holden v. Minnesota, 137 U. S. 483, 11 Sup. Ct. 143, 34 L. Ed. 734; State v. Oscar, 13 La. Ann. 297.

Where a day of 'execution is fixed by the court and is an integral part 'of the sentence, and the day has passed, the court should fix a new day ; Com. v. Hill, 185 Pa. 397, 39 Atl. 1055; Ex parte Howard, 17 N. H. 545; Nicholas v. Corn., 91 Va. 813, 22 S. E. 507; State v. Cardwell, 95 N. C. 643 ; In re Cross, 146 U. S. 271, 13 Sup. Ct. 109, 36 L. Ed. 969 (apparently on a statutory direction). See