STATUTE1 MERCHANT, English law. A security entered before the mayor of London, or some chief warden2 of a city, in pursuance of 13 Ed. 1. stat. 3, c. 1, whereby the lands of the debtor3 are conveyed to the creditor4, till out of the rents and profits of them, his debt may be satisfied. Cruise, Dig. t. 14, s. 7; 2 Bl. Com. 160.
STATUTES5 STAPLE6, English law. The statute of the staple, 27 Ed. HI. stat. 2, confined the sale of all commodities to be exported to certain towns in England, called estaple or staple, where foreigners might resort. It authorized7 a security for money, commonly called statute staple, to be taken by traders for the benefit of commerce; the mayor of the place is entitled to take a recognizance of a debt, in proper form, which has the effect to convey the lands of the debtor to the creditor, till out of the rents and profits of them he may be satisfied. 2 Bl. Com. 160; Cruise, Dig. tit. 14, s. 10; 2 Rolle's Ab. 446; Bac. Ab. Execution, B. 1 4 Inst. 238.
STATUTI, Rom. civ. law. From Constantine to Justinian, advocates, were arranged in two classes: viz. those called Statuti, and the supernumeraries. (q. v.) The Statute were those advocates whose names were inscribed8 in the registers of matriculation, and formed a part of the college of advocates. The number of advocates of this class was limited. See Calvini Lex ad vocem.
STAY OF EXECUTION, practice. A term during which no execution can issue on a judgment9.
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 bail10 or security for the money.
3. An execution issued before the expiration11 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 Pregnancy12.
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