| 单词 | EXECUTION |
| 释义 | The completion, fulfillment, or perfecting of anything, or carrying it intooperation and effect. The signing, sealing, and delivery of a deed. The signing andpublication of a will. The performance of a contract according to its terms.In practice. The last stage of a suit, whereby possession is obtained of anythingrecovered. It is styled “final process,” and consists In putting the sentence of the law in force. 3 Bl. Comm. 412. The carrying intoeffect of the sentence or judgment of a court, U. S. v. Nourse, 9 Pet. 28, 9 L. Ed. 31;Griffith v. Fowler, IS Vt. 394; Pierson v. Hammond. 22 Tex. 5S7; Brown v. U. S., 0 Ct.CI. ITS: Ilurlhutt v. Currier. 08 N. II. 94, 38 Atl. 002; Darby v. Carson, 9 Ohio, 149.Also the name of a writ issued to a sheriff, constable, or marshal, authorizing andrequiring him to execute the judgment of the court.At common law, executions are said to be either final or quousque; the former,where complete satisfaction of the debt is intended to be procured by this process; thelatter, where the execution is only a means to an end, as where the defendant isarrested on ca. sa.In criminal law. The carrying into effect the sentence of the law by the infliction ofcapital punishment 4 Bl. Comm. 403; 4 Steph. Comm. 470.It is a vulgar error to speak of the “execution” of a convicted criminal. It is the sentenceof the court which is “executed;” the criminal is put to death.In French law. A method of obtaining satisfaction of a debt or claim by sale of thedebtor’s property privately, f. e., without judicial process, authorized by the deed oragreement of the parties or by custom ; as, in the case of a stockbroker, who may sellsecurities of his customer, bought under his instructions or deposited by him, toindemnify himself or make good a debt Arg. Fr. Merc. Law, 557. |
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