KFLCC Kingdom Law 2nd Ed.

1110

STEVEDORE

STIPULATIO

ment of a direction that all further proceed ings shall be stayed, (i. e., that the process may stand,) and it is one of the ways by which a suit may be terminated by an act of the party, as distinguished from a termi nation of it by judgment, which is the act of the court It was used by the plaintiff when he wished to suspend the action with out suffering a nonsuit. Brown. A person employed in loading and unloading vessels. The Senator (D. C.) 21 Fed. 191; Rankin v. Merchants' & M. Transp. Co., 73 Ga. 232, 54 Am. Rep. 874; The Elton, 83 Fed 521, 31 G. G. A. 496. STEWARD. This word signifies a man appointed in the place or stead of another, and generally denotes a principal officer within his jurisdiction. Brown. — Land steward. See LAND.— Steward of a manor. An important officer who has the gen eral management of all forensic matters con nected with the manor of which he is steward. He stands in much the same relation to the lord of the manor as an under-sheriff does to the sheriff. Cowell.— Steward of all England. In old English law. An officer who was invest ed with various powers; among others, to pre side on the trial of peers.—Steward of Scot land. An officer of the highest dignity and trust. He administered the crown revenues, superintended the affairs of the household, and possessed the privilege of holding the first place in the army, next to the king, in the day of battle. From this office the royal house of Stu art took its name. But the office was sunk on their advancement to the throne, and has never since been revived. Bell. STEWARTRT, 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 arbitrator. (3) An ob Agree ing, in consideration of receiving a pecuniary or other advantage, to abstain from prose cuting a person for an offense not giving rise to a civil remedy; e.fir.,perjury. Sweet. STILLBORN. A stillborn child is one born dead or in such an early stage of preg nancy as to be incapable of living, though not actually dead at the time of birth. Chil dren born within the first six months after conception are considered by the civil law as incapable of living, and therefore, though STEVEDORE. stinate contender about anything. STIFLING A PROSECUTION.

they are apparently born alive, if they do not in fact survive so long as to rebut this pre sumption of law, they cannot inherit, so as to transmit the property to others. Marsel lis v. Thalhimer, 2 Paige (N. Y.) 41, 21 Am. Dec. 66.' STILLICLDIUM. Lat. In the civil law. The drip of water from the eaves of a house. The servitude stillicidii consists in the right to have the water drip from one's eaves upon the house or ground of another. The term "flumeri" 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 NOMBBE. STIPEND. A salary; settled pay. Man gam v. Brooklyn, 98 N. Y. 597, 50 Am. Rep. 705. 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. Communis 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, (g. v.) STIPULATIO. Lat. In the Roman law, stipulatio was the verbal contract, (verbis ooligatio,) and was the most solemn and formal of all the contracts in that system of jurisprudence. It was entered into by ques tion and corresponding answer thereto, by the parties, both being present at the same time, and usually by such words as "spondest spondeo," "promittist promitto," and the like. Brown. —Stipulatio Aqniliana. A particular appli cation of the stipulatio, which was used to col lect together into one verbal contract all the li abilities of every kind and quality of the debt-