stay of execution


Also found in: Dictionary, Thesaurus, Idioms, Wikipedia.

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 ?
According to a Cihan news agency report on Thursday, E[currency]ifa University also filed a complaint with an administrative court, demanding a stay of execution be issued for the decision to close its supplementary outpatient polyclinics.
The European Union, US and British governments have all appealed for a stay of execution.
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.
Centre manager and Labour councillor Rachel Lancaster, said support from the council's ruling Tories meant a stay of execution when 25 per cent more people were calling in for advice on debt problems.
However, SOS leader Ricky Holloway had a meeting with Stow director Jack Chandler and if the stay of execution is secured, it is hoped those that have bought the vital equipment would show goodwill and allow it to remain in place for any future racing.
SUPREME COURT DECLINES TO ISSUE STAY OF EXECUTION FOR MEXICAN DEFENDANT, WHO ALLEGES PREJUDICIAL ERROR RESULTING FROM VIOLATION OF VIENNA CONVENTION ON CONSULAR RELATIONS IN ABSENCE OF CONGRESSIONAL IMPLEMENTATION OF CONVENTION
A US federal court has given a stay of execution to 85 sea lions slated to be killed to help boost salmon stocks below a dam connecting the states of Washington and Oregon.
But an appeal to the government planning inspectorate has given the building a three-year stay of execution.
Fame wins Wilbur only a temporary stay of execution.
A popular library which was threatened with closure has been given a stay of execution.