Page:Black's Law Dictionary (Second Edition).djvu/1117

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STAY

rence in the accounts of monastic establish- ments. Spelman; Cowell.

STAY. in practice. A stopping; the act of arresting a judicial proceeding, by the order of a court. See In re Scbwarz (D. C.) 14 Fed. 783.

—-Stay laws. Acts of the legislaturs prsscrih- iii; a stag of execution in certain cases, or E. SKI] of foreclosure of mortgages, or closing the courts for a limited period, or providing that sins "'l'lii not be instituted until a certnin time aft-r the cause of oction arose, or otherwise siiapt-ncfiiz Irsal remedies; designed for the re- liif of di-btors. in times of general distress or financial tronble.—Stay of execution. The .slo|lpil.l;.' or arrest-ing of execution on a judgment, that is, of the judgment-creditor's right to issue execution, for a limited period This is given by statute in many jurisdictions, as ii priillegre to the debtor, usually on his furnishing bziil for the debt, costs, nnd intt-rest. Or it may take place by agreement of the parties. See National Docks. ctc., n. v. Pennsylvania R. Co.. 5-} N. J. Ed. 167. 33 Ali 93G.—Stay of proceedings. The temporary suspension of the l'E_'."lllE1[ order of proceedings in a cause, by \’l'il'£‘CllOl] or cider of the court. usually to await the action of one of the psrtii-.s In regard

to some omitted step or some not which the court has required him to perform as incidental to the suit: as where a non-resident plsintiif has been ruled to give security for costs See Wiilliii-e v. WalI-ir-n, 13 “'is. 226: Lewton v. Flower. 18 Flu. S76: Rossiter v. Etna L. Ins. (‘n.. 96 Wis. 400, 71 N. W. .

STEAL. This term is commonly used in indictments for larceny. (“take, steal, and cari-v swan") and denotes the commission of theft. But, in popular usage, “stealing" seems to be a wider term than “larceny." inssniucli as it may include the unlawful appropriation of things which are not technically the subject of larceny, e. g., immovables. See Randall v. Evening News Ass’u. 101 Mich. -.361. G0 N. W. 301; People v. Du- lJl:1l', -)2 lliin (N. Y.) 85: Com. v. Kelley. 184 Mass 320. (‘.8 N. E. 846; Holmes v. Gil- maii. G4 Him. 227. 19 N. Y. Supp. 151; Dunncll v. Flske. 11 Metc. (Mass) 554: Bsrnhsrt \ State. 154 Ind. l77, 56 N. E. 212. -—-Stealing children. See KIDNAPPING.

STEALTH. Theft is so called by some ancient writers. “Stealth is the wrongful taking or goods without pretense of title." Finch. Law. b. 3. c. 17.

STEELBOW GOODS. In Scotch law. Corns, tattle. straw, and implements of bus- bandry delivered by a landlord to his tenant, by which the tenant is eiiabled to stock and labor the farm: in consideration of which he becomes bound to return art-icles equiil in quantity and quality, at the expiry of the lease. Bell.

STELLIONATAIRE. Fr. In French law. A party who fraudulently mortgages property to which he has no title.

STELLIONATE. In Scotch law. The crime of aliening the same subject to d.ilTerent persons. 2 Kames, Eq. -10.

1109

STET PROGESSUS STELLIONATUS. Lat. In the civil law. A general name for uny kind of fraud

not falling under any specific class. But the term is chiefly applied to fraud practiced in the sale or pledging of property; as, selling the same property to two different persons, selling another's property as o1ie's own. placing a second mortgage on property without disclosing the existence of the first, etc.

STENOGRAPHI-IR. One who is skilled in the art of short-hand writing; one whose business is to write in short-hand. See Ry- nerson v. Allison. 30 S. C. 534, 9 S. E. 656; In re Appi-opriations for Deputy State Officers, 25 Neb. G62. 41 N. W. 643; Chase v. Vandei-grift. 88 Pa 217.

STEP-DAUGHTER. The daughter of one’s wife by a former husband, or of one's husband by a former wife.

STEP-FATHER. The man who marries a widow. she having a child by her former marriage is step-father to such child.

STEP-MOTHER. The woman who marries a widower. he having a child by his former wife, becomes step-mother to such child.

STEP-SON. The son of one's wife by a

former husband, or of one's husband by a former wife

STERBRECHE, or STREBRICH. The breaking. obstructing, or straitening of a way. Tertnes de in Ley.

swims. used in measuring wood.

A French measure of solidity, it is a cubic meter.

STERILITY. to produce a child.

Barrenness ; incapacity

STERLING. in English law. Current or stzinrlard coin. especially silver coin; a standard of coinage.

STET BILLA. If the plaintiff in a pluint in the may oi-‘s court of London has attached property lielouging to the defendant and ob- tained execution agniiist the gurnishee, the defendant, if he wishes to contest the plaintiiT’s claim, and obtain restomtion of his property, must issue a wire facias or! disprolumdum dd:-iiwm; if the only question to be tried is the plnintifl"‘s debt, the plnintifif in appearing to the scire fucius pl‘d_\‘S strt billa “tlint his bill (ii-i:,'lii:il." i. e.. his orig- inal plaint. “may stand, and that the defend- ant may plead thereto." The action then proceeds in the usual way as if the proceedings lu attachment (which are founded on a flotitloiis defniilt of the defendant in appearing to the plaint) had not tnlren place. Brand, F. Attaclim. 115; Sweet.

STET PROCESSUS. Stet pmccsims is

an entry on the roll in the nature of a judg-