The 'Lectric Law Library's Lexicon On
* Stay Of Execution *

 

STAY OF EXECUTION - A term during which no execution can issue on a judgment.

It is either conventional, when the parties agree that no execution shall issue for a certain period; or it is granted by law, usually on condition of entering bail or security for the money.

An execution issued before the expiration of the stay is irregular and will be set aside; and the plaintiff in such case may be liable to an action for damages. What is said above refers to civil cases.

In criminal cases when a woman is capitally convicted, and she is proved to be enceinte, there shall be a stay of execution till after her delivery.
   --b--


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