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Stipulation

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

! 1.

The mode of furnishing security or bail in admiralty; also, the instrument by which this is done. The name given to the securities which the parties are required to furnish or enter into, as a means of enabling the court to enforce justice. 2 Corresponds to "bond" and "recognizance" at common law. No particular form of words is used; the instrument states the pendency of the suit, and that the required obligation is assumed; it is acknowledged, but need not be sealed. A deposit of moneymay be made instead.. The stipulations now in use are for costs, for coasts and damages, for value, to appear and abide the decree, or to pay money recovered. ^ Stipulator. An obligor or surety. Stipulators, like sureties, are not liable beyond the amount specified, except for costs and interest byway of damages in case of default to make payment pursuant to the terms of the obligation.* The court may require the security to be kept good.^ 8. An agreement between counsel respecting business before a court. Generally, by rules or practice of the courts, is to be reduced to writing. May be to refer or to postpone a cause, to admit one or more facts, to waive an objection, to waive a trial by jury, or the like. Once filed, becomes part of the record, to be withdrawn only by leave of court.* See Finding, Special.