Execution, in civil law. In civil cases the common law of England allows four different writs to issue against refractory debtors—viz. a fieri facias (called commonly a fi. fa.), a capias ad satisfaciendum (ca. sa.), levari facias, and clegit. These writs issue from the court of the Division in which the proceedings are grounded, and are addressed to the sheriff of the county. By a fi. fa. the goods and chattels of a debtor may be attached. This writ lies against all proprietors, peers, &c. A writ of ca. sa. is directed against the person of a debtor. It does not lie against privileged persons. Under this writ, the sheriff may imprison a debtor, and detain him until the debt has been satisfied. A writ so stringent in its effect is regarded by the law as the last remedy; hence, when a ca. sa. has been issued, no other writ can proceed against the debtor. But if a fi. fa. has been first issued for a part of the debt, a ca. sa. will still lie for the remainder. By recent statutes, a ca. sa. cannot be issued to imprison for debt unless fraud or contempt of court is involved. A levari facias is now seldom used. It is directed against a man's goods and the profits of his lands. The writ of clegit is of very ancient date (see ELEGIT). In the Chancery Division of Court, execution against the estate is effected by writ of fieri facias or writ of clegit. Execution against the person is by writ of attachment. Should this latter writ be returned non est inventus, the party prosecuting has it in his option to take out a writ of sequestration of the estate, with issues of course, or to obtain an order for the sergeant-at-arms. An attachment does not lie against a peer or other privileged person, but an order called a sequestration nisi is issued. In cases of contempt, the High Court in each division has also the power to order personal commitment. In all cases execution may issue immediately, each writ being renewable after a year, within six years; but the court or judge can stay execution to a time fixed—or subject to conditions.
In the United States, the law of execution is complicated by the rules which define the local jurisdiction of district and state courts and of the United States courts. The writs of execution in use are fieri facias, levari facias, &c.; the writ of elegit is now little used. In some states the homestead and other property of a debtor are exempted from execution; and congress has enacted that execution issuing out of United States courts must follow the provisions of these local laws.
In Scotland, execution for debt, or, as it is technically expressed, diligence in execution, is either real or personal; by the former, the debtor's lands may be attached; by the latter, his person and his movables. In order to entitle a creditor to use diligence against the person or estate of his debtor, the debt on which the diligence proceeds must be duly constituted by a liquid document, or by a decree, or by an action in which decree is sought. In this latter case, the law in peculiar circumstances allows diligence on the dependence, in order that a party may not be deprived of his remedy during the currency of the action, but such diligence depends for its effect upon the judgment in the cause. In the case of bonds and other instruments registered for execution (see REGISTRATION), the law allows summary diligence to proceed; that is to say, execution may proceed without the need of further application to the court. Diligence against heritage includes Inhibition, which is a writ passing under the signet, and prohibiting the debtor from contracting any debt which may become a burden on his heritage to the prejudice of the inhibitor's debt; Adjudication (q.v.); Ranking and Sale, a process of law by which the heritable property of an insolvent is judicially sold, and the proceeds divided among his creditors; and Pounding of the Ground, which is an action proceeding on a heritable security, and attaching all the goods on the lands over which the security extends. Personal diligence is (1) by Horning and Caption, where letters of horning—i.e. letters running in the sovereign's name, and passing the signet—are issued instructing messengers-at-arms to charge the debtor to pay, and on his failure a caption or warrant for his apprehension is granted; (2) by the simpler form of Warrant to Charge under the Personal Diligence Act, which replaces the old process of horning and caption; (3) by Arrestment (q.v.).