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See also:EXECUTION (from See also:Lat. ex-sequor, exsecutus, follow or carry out) , the carrying into effect of anything, whether a rite, a piece of See also:music, an See also:office, &c.; and so sometimes involving a notion of skill in the performance . Technically, the word is used in See also:law in the See also:execution of a See also:deed (its formal See also:signing and sealing), an execution (see below) by the See also:sheriff's See also:officers under a " See also:writ of execution " (the enforcement of a See also:judgment on a debtor's goods); and execution of See also:death has been shortened to the one word to denote See also:CAPITAL See also:PUNISHMENT (q.v.) . See also:Civil Execution may be defined as the See also:process by which the judgments or orders of courts of law are made effectual . In See also:Roman law the earliest mode of execution was the seizure, legalized by the actio per manus injectionem, of the debtor as a slave of the creditor . During the later See also:Republic, imprisonment took the See also:place of See also:slavery . Under the regime of the actio per manus injectionem, the debtor might dispute the See also:debtβthe issue being raised by his finding a substitute (vindex) to conduct the See also:case for him . By the See also:time of Gains (iv . 25) the actio per manus injectionem had been superseded by the actio judicati, the See also:object of which was to enable the creditor to take See also:payment of the debt or compel the debtor to find See also:security (pignus in causa judicati captum: Cautio judicatum solvi), and in A.D . 320 See also:Constantine abolished imprisonment for debt, unless the debtor were contumacious . The time allowed for payment of a judgment debt was by the XII . Tables 30 days; it was afterwards extended to two months, and ultimately, by Justinian, to four months . The next See also:stage in the Roman law of execution was the recognition of See also:bankruptcy either against the will of the bankrupt (missio in See also:bona) or on the application of the bankrupt (cessio bonorum; and see BANKRUPTCY) . Lastly, in the time of See also:Antoninus See also:Pius, judgment debts were directly enforced by the seizure and See also:sale of the debtor's See also:property . Slaves, oxen and implements of husbandry were privileged; and movable property was to be exhausted before recourse was had to See also:land (see See also:Hunter, Roman Law, 4th ed. pp . 1029 et seq., Sohm, Inst . Rom . Law, 2nd ed . pp . 302-305) . |
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