EXECUTION, practice. The act of carrying into effect the final judgment1 of a court, or other jurisdiction2. The writ3 which authorizes4 the officer so to carry into effect such judgment is also called an execution.
2. A distinction has been made between an execution which is used to make the money due on a judgment out of the property of the defendant5, and which is called a final execution; and one which tends to an end but is not absolutely final, as a capias ad satisfaciendum, by virtue6 of which the body of the defendant is taken, to the intent that the plaintiff shall be satisfied his debt, &c., the imprisonment7 not being absolute, but until he shall satisfy the same; this is called an execution quousque. 6 Co. 87.
3. Executions are either to recover specific things, or money. 1. Of the first class are the writs8 of habere facias seisinam.; (q. v.) habere facias possessionem; (q. v.) retorno habendo; (q. v.) distringas. (q. v.) 2. Executions for the recovery of money are those which issue against the body of the defendant, as the capias ad satisfaciendum, (q. v.); an attachment9, (q. v.); those which issue against his goods and chattels10; namely, the fieri facias, (q. v.); the, venditioni exponas, (q. v.); those which issue against his lands, the levari facias; (q. v.) the liberari facias; the elegit. (q. v.) Vide 10 Vin. Ab. 541; 1 Ves. jr. 430; 1 Sell. Pr. 512; Bac. Ab. h. t.; Com. Dig. h. t.; the various Digests, h. t.; Tidd's Pr. Index, h. t.; 3 Bouv. Inst. n. 3365, et seq. Courts will at any time grant leave to amend11 an execution so as to make it conformable to the judgment on which it was issued. 1 Serg. & R. 98. A writ of error lies on an award of execution. 5 Rep. 32, a; 1 Rawle, Rep. 47, 48; Writ of Bxecution;
EXECUTION PAREE. By the term execution paree, which is used in Louisiana, is meant a right founded on an authentic12 act; that is, and passed before a notary13, by which the creditor14 may immediately, without citation15 or summons, seize and cause to be sold, the property of his debtor16, out of the proceeds of which to receive his payment. It imports a confession17 of judgment, and is not unlike a warrant of attorney. Code of Pr. of Lo. art. 732; 6 Toull. n. 208; 7 Toull. 99.
EXECUTIONER. The name given to him who puts criminals to death, according to their sentence; a hangman.
2. In the United States, executions are so rare that there are no executioners by profession. It is the duty of the sheriff or marshal to perform this office, or to procure18 a deputy to do it for him.
EXECUTIVE, government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided19 to the hands of the chief magistrate20; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.
2. The officer in whom is vested the executive power is also called the executive.
3. The Constitution of the United States directs that "the executive power shall be vested in a president of the United States of America." Art. 2, s. 1. Vide Story, Const. B. 3, c. 36.
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