stipulation

Whenever a stipulation is taken in an admiralty suit, for the property subjected to legal process and condemnation, the stipulation is deemed a mere substitute for the thing itself, and the stipulators liable to the exercise of all those authorities on the part of the Court, which it could properly exercise, if the thing itself were still in its custody.

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.

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 Pothicr. Obi., Evans ed. 19. In Practice. An agreement between counsel respecting business before a court. Anderson, L. Diet. A case may be reversed on stipulation in the appellate court; Union Mut. Life Ins. Co. v. Waters, 124 U. S. 3(19, 8 Sup. Ct. 510, 31 L. Ed. 474. A stipulation of counsel does not bind a court to retry a case; Kidd v. Mc Millan, 21 Ala. 325; nor to continue the argument of a motion; Ford v. Holmes, 61 Ga. 419; but it does bind the court on a question of costs; Dorr v. Steichen, 18 Minn. 20 (Gil. 10 ). A stipulation entered into for the purpose of saving time may be repudiated, where the facts subsequently developed show that it was inadvertently signed; but sufficient notice must be given to prevent prejudice to the other party; Carnegie Steel Co. v. Iron Co., 185 U. S. 403, 22 Sup. Ct. 698, 46 L. Ed. 968. In Admiralty Practice. A recognizance of certain persons (called in the old law fide jussores) in the nature of bail for the appearance of a defendant. 3 Bla. Com. 108. These stipulations are of three sorts: namely, judicatum solvi, by which the party is absolutely bound to pay such sum as may 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 rato, by which he engages to ratify the acts of his proctor: this stipulation is not usual in the admiralty courts of the United States. • The securities are taken in the following manner: namely, cautio fide jussoria, by sureties; pignoratitia, by deposit; jurat oria, by oath: this security is given when the party is too poor to find sureties, at the discretion of the court; nuda promissoria, by bare promise: this security is unknown in the admiralty courts of the United States. Dunl. Adm. Pr. 150. STIRPES (Lat.). Descents. The root-stem, or stock of a tree. Figuratively, it signifies in law that person from whom a family is descended, and also the kindred or family.

A material article in an agrcement.

In practice. An engagement or undertaking In writing, to do a certain act; as to try a cause at a certain time. 1 Burrill, Pr. 389. The name "stipulation" is familiarly given to any agreement made by the attorneys engaged on opposite sides of a cause, (especially lf in writing,) regulating any matter incidental to the proceedings or trial, which falls within their jurisdiction. Such, for instance, are agreements to extend the time for pleading, tut take depositions, to waive objections, to admit certain facts, to continue the cause. See Lewis v. Orpheus, 15 Fed. Cas. 492.

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.

! 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.

In admiralty, an engagement in the nature of bail, or bond, to release from attachment.

1. An instrument of much importance in the practice of admiralty courts, being an engagement in the nature of bail, or of a recognizance or undertaking given to procure discharge, for the time being, of the res when it has been seized, or of the defendant when he has been arrested. 2. The term is also frequently used in reference to proceedings in common-law and equity coui-ts, but the stipulations here given are of less definite charact«r and importance. Rules of modern courts very generally provide that agreements between attorneys or counsel will not be enforced unless in writing. The memorandum made between the lawyers on opposite sides, exhibiting any agi'eement they may have made ailecting the proceedings, such as a promise to admit certain facts or waive certain objections, a consent to refer or postpone a cause, or the like, is called, in the parlance of the court-room, a stipulation.