stay of execution


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stay of execution

n. a court-ordered delay in inflicting the death penalty. (See: stay)

See: reprieve, respite

stay of execution

1 an order that operates to prevent the judgment creditor from putting in operation the legal process of execution or legal enforcement; it does not affect rights acquired independently of the process stayed. Unlike the position with regard to STAY OF PROCEEDINGS, the court has no inherent power to order a stay of execution of a judgment or order requiring the payment of money, which goes to the question of enforceability of the judgment rather than its validity or correctness.
2 where the death penalty still operates, a suspension of the sentence pending an appeal or other event may be so described, as was the legal tradition whereby a woman would not be hanged if with child.

STAY OF EXECUTION, practice. A term during which no execution can issue on a judgment.
     2. 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.
     3. 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.
     4. In criminal cases when a woman is capitally convicted, and she is proved to be enceinte, (q.v.) there shall be a stay of execution till after her delivery. Vide Pregnancy.

References in periodicals archive ?
Although the ystanbul Metropolitan Municipality and the Ministry of Culture and Tourism both rushed to appeal the stay of execution decision, hoping that the project, carried out by private construction company Euzyazycy ynE-t, would continue, the second court deemed the BakyrkE[micro]y Municipality's concerns well-founded.
Ten-man Portsmouth earned a temporary stay of execution from Premier League relegation as they held Blackburn to a goalless draw at Fratton Park.
Supporters group City Fans United said: "The stay of execution given to the club in the High Court is of little comfort to Chester supporters.
Seker-Is Union, union of sugar refinery workers, appealed in September last year for the stay of execution of the tender.
Amjad Hussain said the Pakistani high commissioner to Britain had phoned him yesterday to say that Hussain had been granted an indefinite stay of execution.
Based on this, together with my personal lobbying in the background in the Middle East, we had a stay of execution and we have saved my brother's life for at least 24 hours.
Liverpool had delayed a change with the promise that a Champions League place would earn Houllier a temporary stay of execution.
NUNEATON'S Abbey Theatre and Arts Centre has been given an 11th hour stay of execution by councillors.
But embattled Swans boss Brian Flynn - the target of abuse from some supporters - earned a stay of execution as his side staged a thrilling fightback to end a dismal run of four games without a goal.
The feds are still playing the "scarcity" charade, which means that the Klamath Basin farming community has received a stay of execution, rather than a full commutation.
Timothy McVeigh's brief stay of execution in May underscores the potential for error in capital punishment cases, writes Salim Muwakkil in a June 25 In These Times editorial.
AeroZambia was banned from flying by the Department of Civil Aviation early in January after an order for stay of execution was dismissed in court.