CHAPTER XXVI. OF EXECUTION. 1. What is execution?-412. It is putting the sentence of the law in force. 2. What is the writ of habere facias seisinam?—412 If the plaintiff recovers in an action real or mixed, whereby the seisin or possession of land is awarded to him, the writ of execution shall be an habere facias seisinam, or writ of seisin of the freehold, directed to the sheriff of the county, commanding him to give actual possession to the plaintiff of the land so recovered. 3. What is the writ of habere facias possessionem ?-412. If the plaintiff recovers, in an action real or mixed, possession of a chattel interest, the writ of execution is a writ of habere facias possessionem, also directed to the sheriff of the county. 4. When do special writs of execution issue to the sheriff?-413. In actions, where the judgment is that something in special be done or rendered by the defendant. 5. Of what sorts are executions in actions where money only is recovered, as a debt or damages, and not any specific chattel?—413. They are of five sorts: 1. Against the body of the defendant. 2. Against his goods and chattels. 3. Against his goods and the profits of his lands. 4. Against his goods and the possession of his lands. 6. What is the writ of capias ad satisfaciendum ?—414, 415. It is an execution of the highest nature, which deprives a man of his liberty, till he makes the satisfaction awarded; and the intent of it is to imprison the body of the debtor till satisfac tion be made for the debt, costs, and damages. It, therefore, does not lie against any privileged person, nor against executors or administrators, nor against such other persons as could not be originally held to bail. 7. To whom shall the capias issue, if judgment be recovered against a husband and wife for the debt of the wife when sole; and to whom, if the action was originally brought against herself, when sole, before her marriage ?—414. In the former case, the capias shall issue to take both in execution; in the latter, against the wife only. 8. What if the defendant die while charged in execution upon this writ?-415. The plaintiff may, after his death, sue out a new execution against his lands, goods, or chattels. 9. What if judgment be recovered against a husband and wife for the contract, or the personal misbehavior, of the wife during her coverture?-414. The capias shall issue against the husband only. 10. Against whom may this, and all other executory process for costs, be sued out?-415. Against a plaintiff as well as a defendant, when judgment is had against him. 11. What if, after a person is once in custody upon this process, he be seen at large?—415. It is an escape, and the plaintiff may have an action thereupon against the sheriff for his whole debt. 12. Of what natures are escapes ?-415. They are either voluntary or negligent. 13. Will the rescue of a prisoner in execution excuse the sheriff? -415. It will not excuse him from being guilty of, and answering for the escape. 14. In what case may the plaintiff sue out a writ of scire facias against the bail ?-416, 417. If a capias ad satisfaciendum is sued out, and a non est inventus is returned thereon, the plaintiff may sue out a writ of scire facias against the bail, if any were given, commanding them to show cause why the plaintiff should not have execution against them for his debt and damages. 15. Against whom may the writ of fieri facias issue?—417. It lies as well against privileged persons, peers, &c., as common persons; and against executors or administrators with regard to the goods of the deceased. 16. What doors may be broken open by the sheriff, in the execution of this writ of fieri facias ?—417. He may not break open any outer doors, but must enter peaceably, and may then break open any inner door, belonging to the defendant, in order to take the goods. 17. What may the sheriff sell to satisfy the fieri facias?—417. He may sell the goods and chattels (even an estate for years, which is a chattel real) of the defendant, till he has raised enough to satisfy the judgment and costs. 18. What must the sheriff first pay?-418. He must first pay the landlord of the premises, upon which the goods are found, the arrears of rent then due, not exceeding one year's rent in the whole. 19. What farther remedy has the plaintiff, if part only of the debt be levied on a fieri facias ?-417. If part only be levied, the plaintiff may have a capias ad satisfaciendum for the residue of the debt. 20. What does the writ of levari facias affect?-417, 418. It affects a man's goods and the profits of his lands, by commanding the sheriff to levy the plaintiff's debt on the lands and goods of the defendant; whereby the sheriff may seize all his goods, and the rents and profits of his lands, till satisfaction be made to the plaintiff. Little use is made of this writ 21. What is the nature and office of the writ of elegit ?--418. It is a judicial writ, given by statute, either upon a judgment for a debt, or damages; or upon the forfeiture of a recognizance taken in the king's court. By it the defendant's goods and chattels are not sold, but only appraised; and all of them (except oxen and beasts of the plow) are delivered to the plaintiff, at such reasonable appraisement and price, in satisfaction, either in whole or part, of his debt. If the goods are not sufficient, then the moiety or one-half of his freehold lands, which he had at the time of the judgment given, are also to be delivered to the plaintiff, to hold till out of the rents and profits thereof the elegit be satisfied. The plaintiff, while he holds the lands, is called tenant by elegit. 22. When the plaintiff's demand is satisfied, what should be entered?-421. Satisfaction ought to be entered on the record. 23. But within what time must all writs of execution be sued out? -421. Within a year and a day after the judgment is entered; otherwise the court concludes prima facie that the judgment is satisfied and extinct. CHAPTER XXVII. OF PROCEEDINGS IN THE COURTS OF EQUITY 1. How far is the jurisdiction of the courts of equity in chancery, and the exchequer, the same ?-426. The same jurisdiction is exercised, and the same system of redress pursued, in the equity court of the exchequer as in the court of equity in chancery; with a distinction, however, as to some few matters peculiar to each tribunal, and in which the other cannot interfere. 2. What matters are peculiar to the court of equity in chancery? -426-428. The court of chancery has: 1. The guardianship of infants; 2. The custody of idiots and lunatics; 3. The superintendence of charities; and 4. Jurisdiction in bankruptcy. 3. When has the court of chancery the right to appoint a guar dian?-427. When a fatherless child has no other guardian. 4. What jurisdiction in bankruptcy is given to the court of chancery ?-428. By the several statutes relating to bankrupts, a summary jurisdiction is given to the chancellor, in many matters consequential or previous to the commissions thereby directed to be issued, from which the statutes give no appeal. 5. What matters of jurisdiction are peculiar to the equity court of the exchequer ?-428. The exchequer has sole equitable jurisdiction in cases relative to crown property, and superstitious uses. 6. What is equity?—429. Equity, in its true and genuine meaning, is the soul and spirit of all law; positive law is construed, and rational law is made, by it. In this, equity is synonymous to justice; in that, to the true sense and sound interpretation of the rule. 7. In what consists the essential difference between courts of lavo and equity?-437-439. It principally consists in the different modes of administering justice in each; in the mode of proof, the mode of trial, and the mode of relief. 8. Upon what has been gradually erected that structure of juris prudence which prevails in our courts of equity?-436, 437. Upon their peculiar mode of administering justice, and also two accidental grounds of jurisdiction, which were formerly driven into the courts of equity by narrow decisions of the courts |