Stipulation

A material article in an agreement. The term appears to have derived its meaning from the use of stipulatio above given; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement.

2 Poth. Obi. (Evans Ed.) 19.

It is commonly applied to agreements between counsel in respect to matters of proceeding. In Admiralty Practice. A recognizance of, certain persons (called in the old law fide jussors) in the nature of bail for the appearance of a defendant.

3 Bl. Comm. 108.

These stipulations are of three sorts, namely: Judioatum solvi, by which the party is absolutely bound to pay such sum as nlay be adjudged by the court; de judicio sisti, by which he is bound to appear from time to time during the pendency of the suit, and to abide the sentence; de ratio, or de rata, by which he engages to ratify the acts of his proctor.. This stipulation is not The securities are taken in the following manner, namely: Cautio fide jussoria, by sureties; pignoratitia, by deposit; juratoria, by oath, — ^this security is given when the party is too poor to find sureties, at the discretion of the court; nvde promissoria, by bare promise, — this security is unknown in the -admiralty courts of the United States.

Hall, Adm. Prac. 12; Dunl. Adm. Prac. 150, 151. See 17 Am. Jur. 51.