EXE 



EXE 



every preternatural tumour which arises 

 upon the skin, either in the form of a wart 

 or tubercle. 



EXCRETION, or SECRETION, in me- 

 dicine, a separation of some fluid, mixed 

 with the blood by means of the glands. 

 See SECRETION. 



EXCRETORY, in anatomy, a term ap- 

 plied to certain little ducts 01 vessels, des- 

 tined for the reception of a fluid, secreted 

 in certain glandules, and other viscera, 

 for the excretion of it in the appropriated 

 places. 



EXECUTION, in law, is a judicial 

 writ, grounded on the judgment of the 

 court whence it issues ; and is supposed 

 to be granted by the court, at the request 

 of the party at whose suit it is issued, to 

 give him satisfaction on the judgment 

 which he hath obtained : and therefore 

 an execution cannot be sued out in one 

 court, upon a judgment obtained in ano- 

 ther. These are of different sorts, accord- 

 ing to the nature of the action : in actions 

 where money is recovered, as a debt or 

 damages, they are of five sorts; 1, against 

 the body of the defendant ; 2, or against 

 his goods or chattels; 3 against his goods 

 and the profits of his lands ; 4, against the 

 goods and the possession of his lands ; 

 5, against all three, his body, lands, and 

 goods. 



EXECUTION of criminals, must be ac- 

 cording to the judgment; and the King 

 cannot alter a judgment from hanging to 

 beheading, because no execution can be 

 warranted, unless it be pursuant to the 

 judgment. 



This being the completion of human 

 punishment, in all cases, as well capital 

 as otherwise, must be performed by the 

 legal officer, the sheriff or his deputy. 

 Murderers are to be executed the day 

 next but one after conviction, unless it be 

 Sunday, and anatomized ; for which rea- 

 son they are generally tried on a Friday. 



EXECUTION, in music, a term applica- 

 ble to every species of musical perfor- 

 mance ; but more particularly used to 

 express a facility of voice or finger in 

 running rapid divisions, and other diffi- 

 cult and intricate passages: it includes, 

 in a general sense, taste, feeling, grace, 

 and expression. 



EXECUTOR, in law, is a person ap- 

 pointed by the testator to carry into exe- 

 cution his will and testament after his 

 decease. The regular mode of appoint- 

 ing an executor is, by naming him ex- 

 pressly in the will ; but any words indi- 

 cating an intention of the testator to ap- 



point an executor, will be deemed a suffi- 

 cient appointment. 



Any person capable of making a will 

 is also capable of being an executor : but 

 in some cases, persons who are incapa- 

 ble of making a will, may nevertheless 

 act as executors, as infants, or married 

 women ; to obviate, however, inconve- 

 niences which have occurred respecting 

 the former, it is enacted by stat. 38 Geo. 

 III. c 89, that where an infant is sole 

 executor, administration, with the will 

 annexed, shall be granted to the guardian 

 of such infant, or such other person as 

 the spiritual court shall think fit, until 

 such infant shall have attained the age 

 of 21 ; when, and not before, probate of 

 the will shall be granted him. An exe- 

 cutor derives his authority from the will, 

 and not from the probate, and is there- 

 fore authorised to do many acts in exe- 

 cution of the will, even before it is proved; 

 such as releasing, paying, or receiving of 

 debts, assenting to licences, &c. ; but he 

 cannot proceed at law until he have ob- 

 tained probate. If an executor die be- 

 fore probate, administration must be taken 

 out with the will annexed ; but if an exe- 

 cutor die, his executor will be executor 

 to the first testator, and no fresh probate 

 will be needed : it will be sufficient if one 

 only of the executors prove the will; but 

 if all refuse to prove, they cannot after- 

 wards administer, or in any respect act 

 as executors. If an executor become a 

 bankrupt, the court of Chancery will ap- 

 point a receiver of the testator's effects, 

 as it will also upon the application of a 

 creditor, if he appear to be wasting the 

 assets. If an executor once administer, 

 he cannot afterwards renounce. If an 

 executor refuse to take upon him the 

 execution of the will, he shall lose his 

 legacy under it. If a creditor constitute 

 his debtor his executor, this is at law a 

 discharge of the debt, whether the exe- 

 cutor act or not; provided, however, there 

 be assets sufficient to discharge the debts 

 of the testator: in equity, however, there 

 are some exceptions to this rule The 

 first duty of an executor or administrator 

 is, to bury the deceased in a suitable 

 manner; and if the executor exceed what 

 is necessary in this respect, it will be a 

 waste of the substance of the testator. 

 The next thing to be done by the exe- 

 dutor is, to prove the will, which may be 

 done either in the common form, by tak- 

 ing the oath to make due distribution, 

 &c. ; or in a more solemn mode, by wit- 

 nesses to its execution. By stat. 37 Geo 





