Page:The New International Encyclopædia 1st ed. v. 07.djvu/396

* EXECUTION. 348 EXECUTIONER. Execution on civil process is generally accom- plished by the seizure of the judgment debtor's property or person. In England, the subject is now regulated almost entirely by the rules of the Supreme Court. These declare that the term 'writ of execution' shall include the common law writs of fieri facias, capias, elegit, sequestration, and attachment (qq.v.) ; and they provide for the form as well as for the manner of issuing and enforcing each of these writs. In this country, the form of executions and the method of issuing and enforcing them are quite various. The statutes and court rules of each State must be consulted for the procedure therein, and the Federal statutes and court rules for the procedure in Federal jurisdictions. In general terms it may be said that, a final judg- ment having been rendered, the attorney for the judgment creditor is authorized to issue a writ of execution to the sheriff, marshal, or similar administrative officer, commanding him to seize and sell property of the judgment debtor suffi- cient to pay the judgment with interest as well as the officer's fees and expenses. In certain cases, usually those where the judgment debtor has been guilty of some fraud or violence or other misconduct, an execution may be issued against his body, commanding the officer to seize and imprison him until the judgment is paid. This is commonly known as a 'body execution.' Certain property of the judgment debtor is ex- empted by statute from execution. This includes, as a rule, a small amount of household furniture, of food and fuel for his family, of wearing ap- parel, of books, tools, and implements of trade, and the like. Here, again, the statutes applica- ble to a particular case must be consulted. Con- sult: Edwards, Law of Executions (London, 1888) ; Freeman, Treatise on the Law of Execu- tions in Civil Cases (3d ed., San Francisco, 1000). See Debtor. Execution in criminal cases is the enforce- ment of a sentence or judgment duly pronounced by a court. If the judgment is for other than capital punishment (q.v.), a certified copy of its entry upon the minutes of the court is generally required tc be furnished to the officer whose duty it is to enforce it, and no other warrant or evidence of authority is necessary to justify its execution. If the criminal is sentenced to the punishment of death, a warrant, signed by the judge presiding at the trial, is ordinarily de- livered to the sheriff or similar officer, appoint- ing the time and describing the manner of the execution. Formerly, criminal sentences were executed publicly, and often were revolting ex- hibitions of cruelty. The modern tendency throughout Christendom has been to abolish the publicity and to minimize the cruelty of criminal executions. Consult the authorities referred to under the titles Criminal Law; Sheriff; Capi- tal Punishment, etc. See Punishment; Capi- ti Punishment; Drowning; Electrocution; Gi tLLOTTNE; Banging; Maiden; Murder; New gati : Parricide; Peine Forte et Dure; Tbea- Tyburn; Wheel, Breaking ox the, etc. See Military Law. official who inflicts EXECUTION, Military EXECUTIONER. The h Hunt In early t imes, both among tii'- Romans and H"' Teutonic peoples, a distinc- tion - I ' : n two aspects of the func- tion, in Rome tin- lictors executed sentences passed on citizens, while an official called carni- fex, whose office was considered degrading, cruci- lied or tortured slaves and foreigners. In primi- tive German}' the carrying out of the sentence usually fell either to the community from which it proceeded or to the accuser and his friends — a custom which in some places prevailed as late as the sixteenth century, although the counts of the Frankish monarchy had their official jailers and hangmen. Sometimes the youngest bailiff, or the youngest married man, was bound to cany out the sentence ; in other eases one of the criminals was allowed to purchase his freedom by acting as executioner. In the towns sentence of death was usually executed by a subordinate official. In times of more definite organization another distinction was made between the Scharf- richter, who beheaded the victim without the necessity of personal contact, and the Henker, usually his subordinate, who carried out sen- tences of hanging, burning, quartering, and tor- ture. The office of the former was expressly de- clared by law to imply no degradation, but popular feeling turned with disgust from it, and required its bearer to occupy a designated place in church and to present himself last of all for communion. Like many other offices, that of executioner seems to have been at one time hereditary in England, as in several German States, certain families being thus, as it were, condemned to perpetual infamy. In some parts of England the office was annexed to other posts ; thus the porter of the city of Canterbury was executioner for the county of Kent in the time of Henry II. and Henry III., for which he had an allowance of twenty shillings a year from the sheriff, who was reimbursed by the exchequer. The sum of thir- teen pence halfpenny was long popularly spoken of as 'hangman's wages,' such a sum. equivalent to a merk Scots, having been the fee for each performance. From Gregory Brandon, the London execu- tioner in the reign of James I., the name Gregory was employed as a familiar designation for the profession in general. Brandon managed to procure from the Heralds' College a coat armo- rial, and became an esquire by virtue of his office. One of his successors, Dun, is referred to in Butler's Ghost, published in 1682: For you yourself to act ' Squire Dun,' Such Ignominy ne'er saw the sun. He was succeeded by John or Jack Ketch, com- memorated by Dryden ( Epilogue to the Duke of Guise), and his name has since been synonymous with hangman. All parts of England have in recent limes depended upon the London execu- tioner for the actual hanging. Caleraft and Mar- wood have been the best-known holders of the office in modern days. The Parisian executioner is familiarly styled 'Monsieur de Paris.' The Sanson family have been the most distinguished bearers of this title, i See Memoirs of the Ban- sons, London, l*7r>.) It was one of this family who officiated :>t the execution of Louis XVI. In all the meriean States a provision is made tor such an official, bu1 the title and duties differ in each. In many of the States the sheriff is the execul ioner in his particular county : but in large States like New York, where a state prison exists, the warden of (hat institution i- technical- ly, not practically, the executioner. In the