in a general sense, denotes performance or accomplishment. In law it signifies the putting the sentence of the law in force after the decision of a suit. This is done at common law by the following writs:
1. By capias ad satisfaciendum, which is to imprison the body of the debtor until satisfaction be made for the debt or damages and costs. This writ does not lie against privileged persons, peers or members of parliament, nor can it be executed on a Sunday; and since the 7th and 8th Vict., cap. 96, sect. 58, it can only issue where the debt is above L20. The debtor, when taken under this process, must remain in custody until he settles the debt or is otherwise lawfully discharged as an insolvent.
2. By fieri facias, which issues against the goods and chattels of the debtor, and lies against all persons without exception. There are certain restrictions and enactments as to the things liable to be seized, imposed by the several statutes of 5th Anne, cap. 14, 56th Geo. III., cap. 50, 1st and 2d Vict., cap. 110, sect. 12, and 14th and 15th Vict., cap. 25, sect. 2. Under these statutes, the landlord is first entitled to a year's rent; and the removal of hay, &c., is in certain cases excepted. This process may, since the 15th and 16th Vict., cap. 76, sect. 120, and rule 57 of Hilary Term 1853, issue within 14 days after trial unless the judge shall otherwise order. And under the 7th Geo. IV., cap. 46, sect. 13, the execution on any judgment against the public officer of any joint-stock bank may issue against any member for the time being, and if ineffectual, against any person who was a member at or before the time of the contract or judgment obtained, provided he has not ceased to be a member for three years.
3. By levavi facias, which commands the sheriff to levy the debt on the land. This writ is now chiefly used against ecclesiastics, under which the bishop enters into the benefice and sequesters the same until the amount of the debt is levied.
4. By elegit, which was given by the 13th Edw. I., cap. 18, and has since been extended by the 1st and 2d Vict., cap. 110. Under this writ, the sheriff delivers execution of all the debtor's lands, tenements, and hereditaments; and it is of so high a nature, that after its issue the defendant's Execution body cannot be taken, although after a fieri facias the body may be so taken.
In the County Courts, execution against the goods of a defendant is regulated by the 9th and 10th Vict., cap. 95, sect. 94; and that against the person by sect. 98.
In Chancery, this writ formerly issued to compel obedience to a decree or order, but it was abolished by the 10th general order of April 11, 1842, and mere service of the decree or order was substituted.
The last stage in criminal proceedings is also called execution—the completion of human punishment. This in all cases must be performed by the sheriff or his deputy within a convenient time, which before the 6th and 7th Will. IV., cap. 30, was on the day next but one after the sentence, unless it fell on a Sunday, and in that case on the Monday following. The universal mode in England is now that the prisoner be hanged by the neck till dead.
Improved legislation, together with the advance of civilisation, have done much to diminish the frequency of this extreme penalty of the law; and a strong public feeling now exists in favour of its total abolition. During the three years ending with 1820, the number of executions in England and Wales was 312; in the three years ending 1830 the number had decreased to 178; and in the three years ending 1840, to 62. The total number of executions in the United Kingdom in 1850 was only 16, of which eight took place in Ireland.