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 ?
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.
A campaign calling for a halt to the execution was launched on Facebook and Twitter last month and appeared to have brought a temporary stay of execution.
Mary Fallin then issued a two-week stay of execution for Warner, but his attorneys asked for a six-month delay.
An Iranian woman who was going to be stoned to death for adultery has been given a temporary stay of execution.
Summary: Portsmouth earned a temporary stay of execution from Premier League relegation as they held Blackburn to a goalless draw at Fratton Park.
CHESTER City received a stay of execution yesterday when the High Court in London adjourned a winding up petition from HM Revenue and Customs for 42 days.
ANKARA, Jan 20, 2010 (TUR) -- Privatization tender process on four state-owned sugar refineries in Turkey has been shut down after a high court order for stay of execution, the country's privatization authority said Wednesday.
THERE will be delight at the decision of Northumberland County Council to scrap plans to shut 12 libraries in the county - accompanied by a degree of scepticism about how long the stay of execution may last.
A MIDLAND man caught up in an immigration row has been granted an unwelcome stay of execution after being jailed for five years.
A DEBT and welfare advice centre under threat of closure has won a stay of execution.
And following a near three hour conversation between both parties on Thursday, Silkman said important issues had been addressed and stated he was "90 per cent certain" that a 60-day stay of execution would be granted from next Saturday to allow racing to continue.
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