GREAT BRITAIN.--The English law of execution is very complicated, and only a statement of the principal processes can here be attempted.
_High Court.--Fieri Facias._ A judgment for the recovery of money or costs is enforced, as a rule, by writ of _fieri facias_ addressed to the sheriff, and directing him to cause to be made (_fieri facias_) of the goods and chattels of the debtor a levy of a sum sufficient to satisfy the judgment and costs, which carry interest at 4% per annum. The seizure effected by the sheriff or his officer, under this writ, of the property of the debtor, is what is popularly known as "the putting-in" of an execution. The seizure should be carried out with all possible despatch. The sheriff or his officer must not break open the debtor's house in effecting a seizure, for "a man's house is his castle" (_Semayne's Case_ [1604], 5 Coke Rep. 91); but this principle applies only to a dwelling-house, and a barn or outhouse unconnected with the dwelling-house may be broken into. The sheriff on receipt of the writ endorses on it the day, hour, month and year when he received it; and the writ binds the debtor's goods as at the date of its delivery, except as regards goods sold before seizure in market overt, or purchased for value, without notice before actual seizure (Sale of Goods Act 1893, s. 26, which supersedes s. 16 of the Statute of Frauds and s. 1 of the Mercantile Law Amendment Act 1856). This rule is limited to goods, and does not apply to the money or bank notes of the debtor which are not bound by the writ till seized under it (_Johnson_ v. _Pickering_, Oct. 14, 1907, C.A.). The mere seizure of the goods, however, although, subject to such exceptions as those just stated, it binds the interest of the debtor, and gives the sheriff such an interest in the goods as will enable him to sue for the recovery of their possession, does not pass the property in the goods to the sheriff. The goods are in the custody of the law. But the property remains in the debtor who may get rid of the execution on payment of the claim and fees of the sheriff [as to which see Sheriffs Act 1887, s. 20, and order of 21st of August 1888, _Annual Practice_ (1908), vol. ii. p. 278]. The wearing apparel, bedding, tools, &c., of the debtor to the value of £5 are protected. Competing claims as to the ownership of the goods seized are brought before the courts by the procedure of "interpleader." After seizure, the sheriff must retain possession, and, in default of payment by the execution debtor, proceed to sell. Where the judgment debt, including legal expenses, exceeds £20, the sale must be by public auction, unless the Court otherwise orders, and must be publicly advertised. The proceeds of sale, after deduction of the sheriff's fees and expenses, become the property of the execution creditor to the extent of his claim. The Bankruptcy Act 1890 (53 & 54 Vict. c. 71, s. 11 [2]) requires the sheriff in case of sale under a judgment for a sum exceeding £20 to hold the proceeds for 14 days in case notice of bankruptcy proceedings should be served upon him (see BANKRUPTCY). The form of the writ of _fieri facias_ requires the sheriff to make a return to the writ. In practice this is seldom done unless the execution has been ineffective or there has been delay in the execution of the writ; but the judgment creditor may obtain an order calling on the sheriff to make a return. A sheriff or his officer, who is guilty of extortion in the execution of the writ, is liable to committal for contempt, and to forfeit £200 and pay all damages suffered by the person aggrieved (Sheriffs Act 1887 [50 & 51 Vict. c. 55], s. 29 [2]), besides being civilly liable to such person. Imprisonment for debt in execution of civil judgments is now abolished except in cases of default in the nature of contempt, unsatisfied judgments for penalties, defaults by persons in a fiduciary character, and defaults by judgment debtors (Debtors Act 1869 [32 & 33 Vict. c. 62]; Bankruptcy Act 1883 [46 & 47 Vict. c. 52], ss. 53, 103). Imprisonment for debt has been abolished within similar limits in Scotland (Debtors [Scotland] Act 1880 [43 & 44 Vict. c. 34] and Ireland, Debtors [Ireland] Act 1872, 35 & 36 Vict. c. 57). There may still be imprisonment in England, under the writ--rarely used in practice--_ne exeat regno_, which issues to prevent a debtor from leaving the kingdom.