stay of execution

stay of execution

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

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.