英文法律词典 W-37

WRIT¹ OF EXECUTION, practice. A writ to put in force the sentence that the law has given: it is addressed to the Sheriff (and in the courts of the United States, to the marshal) commanding him, according to the nature of the case, either to give the plaintiff possession of lands; or to enforce the delivery of a chattel³ which was the subject of the action; or to levy⁴ for the plain-tiff, the debt, or damager, and costs recovered; or to levy for the defendant⁵ his costs; and that, either upon the body of the opposite party, his lands, or goods, or in some cases, upon his body, land, and goods; the extent and manner of the execution directed, always depending upon the nature of the judgment⁶. 3 Bl. Com. 413.

2. Writs⁷ of execution are supposed to be actually awarded by the judges in court; but no such award is in general, actually made. The attorney, after signing final judgment, sues out of the proper office a writ of execution, in the form to which he conceives he would be entitled upon such judgment as he. has entered, if such entry has been actually made; and, if not made, then upon such as he thinks he is entitled to enter; and he does this, of course, upon peril⁸ that, if he takes a wrong execution, the proceeding⁹ is legal and void, and the opposite party entitled to redress¹⁰. Steph. Pl, 137, 8. See Ca. Sa.; Execution; Fi. Fa.; Haberefa. possessionem; Vend¹¹. Exp.

WRIT OF EXIGI FACIAS. The name of a process issued in the course of proceedings¹² in outlawry¹³, and which immediately precedes the writ of capias agatum. See Exigent, or Exigi Facias.

WRIT OF FORMEDON, practice. This writ lies where a party claims the specific recovery of lands and tenements¹⁴, as issue in tail; or as remainder-man or reversioner, upon the determination of an estate in tail. Co. Litt. 236 b; Booth, 139, 151, 154.

WRIT OF INQUIRY¹⁵, practice. When in an action sounding in damages, (q. v.) as covenant¹⁶, trespass¹⁷, and the like, an interlocutory judgment is rendered, which is, that the plaintiff ought to recover his damages, without specifying¹⁸ the amount, it not yet being ascertained¹⁹, the court does not in general undertake the office of assessing the damages, but issues a writ of inquiry, which is a writ directed to the sheriff of the county where the facts are alleged²⁰ by the pleadings to have occured, commanding him to inquire into the amount of damages sustained "by the oath or affirmation of twelve good or lawful²¹ men of his county;" and to return such inquisition, when made, to the court.

2. The finding of the sheriff and jury under such a proceeding is called an inquisition. (q. v.)

3. The court will, on application, order that a writ of inquiry shall be executed before a judge, where it appears that important questions of law will arise. 2 John. R. 107.

4. When executed before the sheriff, he acts ministerially, and not judicially²², and therefore, it may be executed before a deputy of the sheriff. 2 John R. 63. Vide Steph. Pl. 126; Grah. Pr. 639; 2 Archb. Pr. 19; Tidd's Pr. 513; Yelv. 152, n.; 18 Eng. Com. Law Rep. 181, n., 189, n.; 1 Marsh². R. 129; l Sell. Pr. 346; Watson on Sher. 221; 2 Saund. 107, n. 2.