Article 379

No order for stay of execution shall be made under the provisions of this Chapter unless the court or President making it finds that:

substantial loss may result to the party applying for stay of execution unless the order is made;

the application has been made without unreasonable delay; and

money has been deposited, security given or a surety produced by the applicant for the due performance of such judgment or order as may ultimately be binding upon him.

An application for a stay shall be decided after the parties have been heard, except that the court may, on an application supported by affidavit, make an ex parte order for stay of execution pending such hearing.