tion is the infliction, upon the offender, of the punishment imposed and ordered by the court. Where the punishment is a fine, the court directs, in the judgment, that the offender stand committed till the fine be paid; and thereupon, in default of payment, a mittimus will issue, under which the offender will be imprisoned till he pays the fine, or is discharged by due course of law. When the punishment is imprisonment, he will be confined, under a similar mittimus, during the time specified in the judgment. In both these cases, the provisions of the mittimus must be strictly complied with. It must be executed only by the persons to whom it is directed, the confinement must be in the place and manner specified, and, at the end of the term of imprisonment, the offender must be released. Any violation of these provisions will subject the person violating them to an action for false imprisonment. Read 4 Bl. Comm., p. 403. 2 H. P. C., pp. 406-411. § 521. Of Stay of Execution in Capital Cases on Account of Pregnancy or Insanity. In capital cases, there are two causes which operate to delay or prevent execution. When a woman is sentenced to death while pregnant, or becomes pregnant after such sentence, the court by whom the sentence was pronounced, upon suggestion of the pregnancy, will cause an investigation to be instituted, and, if the pregnancy be proved, will stay the execution of the sentence till the child be born. If, after the birth of one child, a second pregnancy occur, a further stay will not, according to the prevailing rule, be granted. Also, when a person under sentence of death becomes insane, or where the fact of his insanity first becomes apparent after sentence, the execution will be stayed till his recovery. Read 4 Bl. Comm., pp. 394-396. 2 H. P. C., pp. 412-414. 1 Chitty C. L., pp. 757-761. § 522. Of Execution in Capital Cases. Execution, in capital cases, is usually done by a warrant, issuing from the court in which the judgment was pronounced, and directed to the sheriff of the county, commanding him to hang the offender, by the neck, till he be dead. This warrant will protect only those to whom it is directed, and will protect them only when they strictly follow its commands. If an unauthorized person takes upon himself to execute a death-warrant, he will be guilty of murder. If the authorized officer executes it in an unauthorized manner, as by changing the mode of death, he will be guilty of manslaughter, if not of murder. The warrant must also be fully executed; and if, through any accident or mistake in the mode of hanging, the offender should revive, he must be hanged again and until his life is actually extinct. Read 4 Bl. Comm., pp. 403-406. 1 Chitty C. L., pp. 779-789. 1 Arch. Cr. Pr., pp. 732-737. HENDERT BREED. END. ADHERING TO THE PUBLIC ENEMY ADMINISTRATOR, retainer of debt by title of, to property of decedent plaintiff ADVERSE POSSESSION, effect of ADVOWSON defined AFFRAY. AGENCY, contract of AGENTS, classes of AIR, right to ALIENS defined duty of, to State 365 cannot commit treason 404 ANIMUS FURANDI defined 433 |