Blacks Law Dict. 1st ed

STEWARD OF THE HOUSEHOLD 1125

STIRPS

munis stipes, the common stock. Fleta, lib. 6, c. 2. STIPITAL. Relating to stirpes, roots, or stocks. "Stipital distribution" of property is distribution per stirpes; that is, by right of representation. STIPULATED DAMAGE. Liquidated damage, (q. v.) STIPULATIO. Lat. In theRoman law, stipulatio was the verbal contract, (vetbis obligatio,) and was the most solemn and form al of all the contracts in that system of ju risprudence. It was entered into by question and corresponding answer thereto, by the parties, bolh being present at the same time, and usually by such words as "spondest spondeo," "promittist promitto," and the like. Brown. STIPULATIO AQUILIANA. Lat. In Roman law. A particular application of the stipulatio, which was used to collect together into one verbal contract all the liabilities of every kind and quality of the debtor, with a view to their being released or discharged by an acceptilatio, that mode of discharge be ing applicable only to the verbal contract. Brown. STIPULATION. A material article in an agreement. In practice. An engagement or under taking 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 en gaged on opposite sides of a cause, (especially if in writing,) regulating any matter inci dental to the proceedings or trial, which falls within their jurisdiction. Such, for instance, are agreements to extend the time for plead ing, to take depositions, to waive objections, to admit certain facts, to continue the cause. In admiralty practice. A recognizance of certain persons (called in the old law "fide jussors") in the nature of bail for the ap pearance of a defendant. 3 Bl. Comm. 10&. STIPULATOR. In the civil law. The party who asked the question in the contract of stipulation; the other party, or he who an swered, being called the "promissor." But, in a more general sense, the term was ap plied to both the parties. Calvin. STIRPS. Lat. A root or stock of descent or title. Taking property by right of repre sentation is called "succession per stirpe8 t n

STEWARD OP THE HOUSEHOLD. See MARSHALSEA. STEWARTRY, in Scotch law, is said to be equivalent to the English "county." See Brown. STEWS. Certain brothels anciently per mitted in England, suppressed by Henry VIII. Also, breeding places for tame pheas ants. STICK. In the old books. To stop; to hesitate; to accede with reluctance. "The court stuck a little at this exception." 2 Show. 491. STICKLER. (1) An inferior officer who cuts wood within the royal parks of Claren don. Cowell. (2) An arbitiator. (3) An ob stinate contender about anything. STIFLING A PROSECUTION. Agreeing, in consideration of receiving a pecuniary or other advantage, to abstain from prosecuting a person for an offense not giv ing rise to a civil remedy; e. g., perjury. Sweet. STILLICIDIUM. Lat. In the civil law. The drip of water from the eaves of a house. The servitude stilliridii consists in the right to have the water drip from one's eaves upon the house or ground of another. The term "flumen" designated the rain-water collected from the roof, and carried off by the gutters, and there is a similar easement of having it discharged upon the adjoining estate. Mac keld. Rom. Law, § 317, par. 4. STINT. In English law. Limit; a lim ited number. Used as descriptive of a species of common. See COMMON SANS NOMBRE. STIPEND. A salary; settled pay. In English and Scotch law. A provision made for the support of the clergy. STIPENDIARY ESTATES. Estates granted in return for services, generally of a military kind. 1 Steph. Comm. 174. STIPENDIARY MAGISTRATES. In English law. Paid magistrates; appointed in London and some other cities and bor oughs, and having in general the powers and jurisdiction of justices of the peace. STIPENDIUM. Lat. In the civil law. The pay of a soldier; wages; stipend. Cal vin. STIPES. Lat. In old English law. Stock; a stock; a source of descent or title. Cotn

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