Reprieve

A reprieve (from reprendre, to take back), is the withdrawing of a sentence for an interval of time; whereby the execution is suspended. This may be, first ex arbitrio judicis; either before or after judgment; as, where the judge is not satisfied with the verdict, or the evidence is suspicious, or the indictment is insufficient, or he is doubtful whether the offense be within clergy; or sometimes if it be a small felony, or any favourable circumstances appear in the criminal's character, in order to give room to apply to the Crown for either an absolute or conditional pardon.

The withdrawing the execution is suspended.

! Withdrawing a sentence for an interval of time, whereby the execution is suspended. 2 It is granted ex arbitrio judicis (in the discretion of the judge), before or after judgment, for any reason sufficient to the court. It is ex necessitate legis (from legal necessity), where the offender becomes insane before or after the award of execution: he may have a reason, which he cannot explain, for non-execution. Where a woman, capitally convicted, pleads pregnancy, execution will be respited till she be delivered.^ A reprieve operates only in capital cases, and is granted either by the favor of his majesty himself, or the judge before whom the prisoner was tried, in his behalf, or from the regular operation of law, in circumstances which render an immediate execution inconsistent with humanity or justice.* See Pardon; Respite. REFRISAIj.9 Recaption: a species of remedy by the act of the party injured.* See Captive; Maequb and Reprisal. Reprises. Deduction on account of j^ayments or expenses. The yearly value of an estate ultra reprises, beyond all subtractions, is spoken of. In Pennsylvania, realty will not be sold by the sheriff when the rents will pa.v the judgment, with interest and costs, in seven years, beyond reprises,' — unless otherwise agreed to by the debtor.

n. A suspension of the execution of a sentence to punishment; a respite from penalty. Reprieve, V.: to grant a suspension of execution. Several grounds are recognized for granting a reprieve to a criminal sentenced to death: it may be granted upon doubt as to the justice of the conviction, and to allow time for further investigation, or for applying for a pardon; or because the convict appears to have become insane, or, being a woman, to be pregnant; or may be granted at the discretion of the executive power.

crim. law, practice; this term is derived from reprendre, to take back, and signifies the withdrawing of a sentence for an interval of time, and operates in delay of execution. 4 Bl. Com. 394. It is granted by the favour of the pardoning power, or by the court who tried the prisoner. Reprieves are sometimes granted ex necessttate legis; for example, when a woman is convicted of a capital offence, after judgment she may allege pregnancy in delay of execution. In order however to render this plea available she must be quick with child, (q. v.) the law presuming, perhaps absurdly enough, that before that period, life: does not commence in the foetus. 3 Inst. 17; 2 Hale, 413; 1 Hale, 368; 4 BI. Com. 395. The judge is also bound to grant a reprieve when the prisoner becomes insane.- 4 Harg. St. Tr. 205, 6; 3 Inst. 4; Hawk. B. 1, c. 1, 8. 43 1 Chit. Cr. Law, 757.. ' public officer pronounces against an offender. This species of punishment is used by legislative bodies to punish their members or others who have been guilty of some impropriety of conduct toward them. The reprimand is usually pronounced by the speaker.