EXE 
ment obtained in another. These are of 
different sorts, according to the nature of 
the action : in actions where money is reco- 
vered, as a debt or damages, they are of 
five sorts; 1, against the body of the defen- 
dant ; 2, or against his goods or chattels ; 
3, against his goods and the profits of his 
lands ; 4, against the goods and the posses- 
sion 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 pu- 
nishment, in all cases, as well capital as 
otherwise, must be performed by the legal 
officer, the sheriff or his deputy. Mur- 
derers are to be executed the day next but 
one after conviction, unless it be Sunday, 
and anatomized ; for which reason they are 
generally tried on a Friday. 
Execution, in music, a term applicable 
to every species of musical performance; 
but more particularly used to express a fa- 
cility of Voice or finger in running rapid di- 
visions, and other difficult and intricate pas- 
sages : 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 execu- 
tion his will and testament after his de- 
cease. The regular mode of appointing an 
executor, is by naming him expressly in the 
will; but any words indicating an intention 
of the testator to appoint an executor, w'ill 
be deemed a sufficient appointment. 
Any person capable of making a will is 
also capable of being an executor ; but in 
some cases, persons who are incapable of 
making a will, may nevertheless act as exe- 
cutors, as infants, or married women ; to 
obviate, however, inconveniences which 
have occurred respecting the former, it is 
enacted by stat. 38 Geo. III. c. 89, that 
where an infant is sole executor, admini- 
stration, 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 be- 
fore, probate of the will shall be granted 
him. An executor derives his authority 
from the will, and not from the probate, 
and is therefore authorised to do many acts 
in execution of the will, even before it is 
proved, such as releasing, paying, or receiv- 
EXE 
ing of debts, assenting to licences, &c. ; but 
he cannot proceed at law until he have ob- 
tained probate. If an executor die before 
probate, administration must be taken out 
with the will annexed ; but if an executor 
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 ail re- 
fuse to prove, they cannot afterwards admi- 
nister, or in any respect act as executors. 
If an executor become a bankrupt, the 
court of Chancery will appoint 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 le- 
gacy under it. If a creditor constitute his 
debtor his executor, this is at law a dis- 
charge of the debt, whether the executor 
act or not, provided however, there be as- 
sets 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 sub- 
stance of the testator. The next thing to 
be done by the executor, is to prove the 
will, which may be done either in tlje com- 
mon form, by taking the oath to make due 
distribution, &c. ; or in a more solemn 
mode, by witnesses to its execution. By 
stat. 37 Geo. III. c. 9, s. 10, every person 
who shall administer the personal estate of 
any person dying, without proving the will 
of the deceased, or taking out letters of ad- 
ministration within six calendar months 
after such person’s decease, shall forfeit 
30 1 . 
If all the goods of the deceased lie within 
the same jurisdiction, the probate is to be 
made before the ordinary or bishop of the 
diocese, where the deceased resided ; but 
if he had goods and chattels to the value of 
51. in two distinct dioceses or jurisdictions, 
the will must be proved before the metro- 
politan or archbishop of the province in 
which the deceased died. An executor, 
by virtue of the will of the testator, has an 
interest in all the goods and chattels, whe- 
ther real or personal, in possession or in ac- 
tion of the deceased ; and all goods and ef- 
fects coming to his hands will be the assets 
to make him chargeable to creditors and le- - 
gatees. An executor or administrator stands 
