Law Dictionary of Legal Terminology

STAY OF EXECUTION

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.