英文法律词典 S-78

STAYING PROCEEDINGS. The suspension of an action.

2. Proceedings are stayed absolutely or conditionally.

3. - 1. They are peremptorily stayed when the plaintiff is wholly incapaci-tated from suing; as, for example, when the plaintiff is not the holder, nor beneficially interested in a bill on which he has brought his action; 2 Cr, & M. 416; 2 Dowl. 336; Chitty on Bills, 335; 3 Chitty, Pr. 628; or when the plaintiff admits in writing, that he has no cause of action; 3 Chit. Prac. 370, 630; or when an action is brought contrary to good faith. Tidd's Prac. 515, 529, 1134; 3 Chit. Pr. 633.

4. - 2. Proceedings are sometimes stayed until some order of the court shall have been complied with; as, when the plaintiff resides in a foreign country, or in another estate, or is insolvent, and he has been ruled to give security for costs, the proceedings are stayed until such security shall be given; see Security for Costs; 3 Chit. Pr, 633, 635; or until the payment of costs in a, former action. 1 Chit. R. 195; 18 E. C. L. R. 64.

STEALING. This term imports, ex vi termini, nearly the same as larceny; but in common parlance, it does not always import a felony; as, for example, you stole an acre of my land.

2. In slander cases, it seems that the term stealing takes its complexion from the subject-matter to which it is applied, and will be considered as intended of a felonious stealing, if a felony could have been committed of such subject-matter. Stark. on Slan. 80; 12 Johns. Rep. 239; 3 Binn. R. 546; Whart. Dig. tit. Slander.

STELLIONATE, civil law. A name given generally, to all species of frauds committed in making contracts.

2. This word is said to be derived from the Latin stellio, a kind of lizard remarkable for its cunning and the change of its color, because those guilty of frauds used every art and cunning to conceal them. But more particularly it was the crime of a person who fraudulently assigned, sold, or engaged the thing which he had before assigned sold, or engaged to another, unknown to the person with whom be was dealing. Dig. 47, 20, 3; Code, 9, 34, 1; Merl. Repert. h. t.; Code Civil, art. 2069; 1 Bro. Civ. Law, 426.

3. In South Carolina and Georgia, a mortgagor who makes a second mortgage without disclosing in writing, to the second mortgagee, the existence of the first mortgage, is not allowed to redeem and, in the foraier state, when a person suffers a judgment, or enters into a statute or recognizance binding his land, afterwards mortgages it, without giving notice, in writing, of the prior incumbrance, he shall not be allowed to redeem, unless, within six months from a written demand, he discharges such incumbrauce. Prin. Dig. 161; 1 Brev. Dig. 166-8.

4. In Ohio a fraudulent conveyance is punished as a crime; Walk. Intr. 350; and, in Indians, any party to a fraudulent conveyance is subjected to a flue and to double damages. Ind. Rev. Laws, 189. See 12 Pet. 773.