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40a More optimistic, but to be executed : shoot!
Think it's osier - (R) osier but why "executed ..shoot"?
52a In gospel-singing era, less pop (6,3) L?N?E? / AGE
Any help please?

Part of the explanation, I think, is that OSIER can refer to a shoot (new growth) of the willow as well as to the tree itself.

It's hardly the setter assuming that R = OR = BUT, is it?
Then R being executed (got rid of) gived (R)OSIER as Sammy says. If so, I don't believe it to be good setting. Perhaps someone will come up with a more sensible explanation.

I do not see a problem. ROSIER, beheaded = OSIER.

Ah yes, Turan! How daft of me. Apologies to the setter.
What about the other clue?

Ha, ha, ha, at last! How did I miss it? It's "GINGER ALE" (it's 'in' there). Well clued!

Thanks all - i had felon instead if Fagin!