| slovo | definícia |
tipu
(encz) | tipu, n: |
tipu
(wn) | tipu
n 1: semi-evergreen South American tree with odd-pinnate leaves
and golden yellow flowers cultivated as an ornamental [syn:
tipu, tipu tree, yellow jacaranda, {pride of
Bolivia}] |
| | podobné slovo | definícia |
multipurpose
(encz) | multipurpose,víceúčelový adj: Zdeněk Brož |
stipulate
(encz) | stipulate,projevit vůli v: Ivan Masárstipulate,sjednat v: Zdeněk Brožstipulate,specifikovat v: RNDr. Pavel Piskačstipulate,ujednat v: Zdeněk Brožstipulate,umluvit si v: RNDr. Pavel Piskačstipulate,vyhradit si v: RNDr. Pavel Piskač |
stipulated
(encz) | stipulated,vyhradil v: Zdeněk Brožstipulated,vyhradili Zdeněk Brožstipulated,vyhrazen v: Zdeněk Brožstipulated,vyhrazený Jaroslav Šedivý |
stipulating
(encz) | stipulating, |
stipulation
(encz) | stipulation,dohoda n: Pavel Machekstipulation,specifikace n: RNDr. Pavel Piskačstipulation,úmluva n: Zdeněk Brožstipulation,určení n: Zdeněk Brožstipulation,výhrada n: RNDr. Pavel Piskačstipulation,výminka n: Zdeněk Brož |
stipulative definition
(encz) | stipulative definition, n: |
stipulatory
(encz) | stipulatory, adj: |
stipule
(encz) | stipule, n: |
tipu tree
(encz) | tipu tree, n: |
AEgeria tipuliformis
(gcide) | Currant \Cur"rant\ (k?r"rant), n. [F. corinthe (raisins de
Corinthe raisins of Corinth) currant (in sense 1), from the
city of Corinth in Greece, whence, probably, the small dried
grape (1) was first imported, the Ribes fruit (2) receiving
the name from its resemblance to that grape.]
[1913 Webster]
1. A small kind of seedless raisin, imported from the Levant,
chiefly from Zante and Cephalonia; -- used in cookery.
[1913 Webster]
2. The acid fruit or berry of the Ribes rubrum or common
red currant, or of its variety, the white currant.
[1913 Webster]
3. (Bot.) A shrub or bush of several species of the genus
Ribes (a genus also including the gooseberry); esp., the
Ribes rubrum.
[1913 Webster]
Black currant,a shrub or bush (Ribes nigrum and {Ribes
floridum}) and its black, strong-flavored, tonic fruit.
Cherry currant, a variety of the red currant, having a
strong, symmetrical bush and a very large berry.
Currant borer (Zool.), the larva of an insect that bores
into the pith and kills currant bushes; specif., the
larvae of a small clearwing moth ({[AE]geria
tipuliformis}) and a longicorn beetle ({Psenocerus
supernotatus}).
Currant worm (Zool.), an insect larva which eats the leaves
or fruit of the currant. The most injurious are the
currant sawfly (Nematus ventricosus), introduced from
Europe, and the spanworm (Eufitchia ribearia). The fruit
worms are the larva of a fly (Epochra Canadensis), and a
spanworm (Eupithecia).
Flowering currant, Missouri currant, a species of Ribes
(Ribes aureum), having showy yellow flowers.
[1913 Webster] |
Antiputrefactive
(gcide) | Antiputrefactive \An`ti*pu`tre*fac"tive\, Antiputrescent
\An`ti*pu*tres"cent\, a.
Counteracting, or preserving from, putrefaction; antiseptic.
[1913 Webster] |
Antiputrescent
(gcide) | Antiputrefactive \An`ti*pu`tre*fac"tive\, Antiputrescent
\An`ti*pu*tres"cent\, a.
Counteracting, or preserving from, putrefaction; antiseptic.
[1913 Webster] |
Artipus Floridanus
(gcide) | Leaf \Leaf\ (l[=e]f), n.; pl. Leaves (l[=e]vz). [OE. leef,
lef, leaf, AS. le['a]f; akin to S. l[=o]f, OFries. laf, D.
loof foliage, G. laub, OHG. loub leaf, foliage, Icel. lauf,
Sw. l["o]f, Dan. l["o]v, Goth. laufs; cf. Lith. lapas. Cf.
Lodge.]
1. (Bot.) A colored, usually green, expansion growing from
the side of a stem or rootstock, in which the sap for the
use of the plant is elaborated under the influence of
light; one of the parts of a plant which collectively
constitute its foliage.
[1913 Webster]
Note: Such leaves usually consist of a blade, or lamina,
supported upon a leafstalk or petiole, which, continued
through the blade as the midrib, gives off woody ribs
and veins that support the cellular texture. The
petiole has usually some sort of an appendage on each
side of its base, which is called the stipule. The
green parenchyma of the leaf is covered with a thin
epiderm pierced with closable microscopic openings,
known as stomata.
[1913 Webster]
2. (Bot.) A special organ of vegetation in the form of a
lateral outgrowth from the stem, whether appearing as a
part of the foliage, or as a cotyledon, a scale, a bract,
a spine, or a tendril.
[1913 Webster]
Note: In this view every part of a plant, except the root and
the stem, is either a leaf, or is composed of leaves
more or less modified and transformed.
[1913 Webster]
3. Something which is like a leaf in being wide and thin and
having a flat surface, or in being attached to a larger
body by one edge or end; as:
(a) A part of a book or folded sheet containing two pages
upon its opposite sides.
(b) A side, division, or part, that slides or is hinged,
as of window shutters, folding doors, etc.
(c) The movable side of a table.
(d) A very thin plate; as, gold leaf.
(e) A portion of fat lying in a separate fold or layer.
(f) One of the teeth of a pinion, especially when small.
[1913 Webster]
Leaf beetle (Zool.), any beetle which feeds upon leaves;
esp., any species of the family Chrysomelid[ae], as the
potato beetle and helmet beetle.
Leaf bridge, a draw-bridge having a platform or leaf which
swings vertically on hinges.
Leaf bud (Bot.), a bud which develops into leaves or a
leafy branch.
Leaf butterfly (Zool.), any butterfly which, in the form
and colors of its wings, resembles the leaves of plants
upon which it rests; esp., butterflies of the genus
Kallima, found in Southern Asia and the East Indies.
Leaf crumpler (Zool.), a small moth (Phycis indigenella),
the larva of which feeds upon leaves of the apple tree,
and forms its nest by crumpling and fastening leaves
together in clusters.
Leaf fat, the fat which lies in leaves or layers within the
body of an animal.
Leaf flea (Zool.), a jumping plant louse of the family
Psyllid[ae].
Leaf frog (Zool.), any tree frog of the genus
Phyllomedusa.
Leaf green.(Bot.) See Chlorophyll.
Leaf hopper (Zool.), any small jumping hemipterous insect
of the genus Tettigonia, and allied genera. They live
upon the leaves and twigs of plants. See Live hopper.
Leaf insect (Zool.), any one of several genera and species
of orthopterous insects, esp. of the genus Phyllium, in
which the wings, and sometimes the legs, resemble leaves
in color and form. They are common in Southern Asia and
the East Indies.
Leaf lard, lard from leaf fat. See under Lard.
Leaf louse (Zool.), an aphid.
Leaf metal, metal in thin leaves, as gold, silver, or tin.
Leaf miner (Zool.), any one of various small lepidopterous
and dipterous insects, which, in the larval stages, burrow
in and eat the parenchyma of leaves; as, the pear-tree
leaf miner (Lithocolletis geminatella).
Leaf notcher (Zool.), a pale bluish green beetle ({Artipus
Floridanus}), which, in Florida, eats the edges of the
leaves of orange trees.
Leaf roller (Zool.), See leaf roller in the vocabulary.
Leaf scar (Bot.), the cicatrix on a stem whence a leaf has
fallen.
Leaf sewer (Zool.), a tortricid moth, whose caterpillar
makes a nest by rolling up a leaf and fastening the edges
together with silk, as if sewn; esp., {Phoxopteris
nubeculana}, which feeds upon the apple tree.
Leaf sight, a hinged sight on a firearm, which can be
raised or folded down.
Leaf trace (Bot.), one or more fibrovascular bundles, which
may be traced down an endogenous stem from the base of a
leaf.
Leaf tier (Zool.), a tortricid moth whose larva makes a
nest by fastening the edges of a leaf together with silk;
esp., Teras cinderella, found on the apple tree.
Leaf valve, a valve which moves on a hinge.
Leaf wasp (Zool.), a sawfly.
To turn over a new leaf, to make a radical change for the
better in one's way of living or doing. [Colloq.]
[1913 Webster]
They were both determined to turn over a new leaf.
--Richardson.
[1913 Webster] Leaf |
Astipulate
(gcide) | Astipulate \As*tip"u*late\, v. i. [L. astipulari; ad + stipulari
to stipulate.]
To assent. [Obs.] --Bp. Hall.
[1913 Webster] |
Astipulation
(gcide) | Astipulation \As*tip`u*la"tion\, n. [L. astipulatio.]
Stipulation; agreement. [Obs.] --Bp. Hall.
[1913 Webster] |
Bistipuled
(gcide) | Bistipuled \Bi*stip"uled\, a. [Pref. bi- + stipule.] (Bot.)
Having two stipules.
[1913 Webster] |
Exstipulate
(gcide) | Exstipulate \Ex*stip"u*late\, a. [Pref. ex- + stipulate.] (Bot.)
Having no stipules. --Martyn.
[1913 Webster] |
Gillenia stipulacea
(gcide) | Indian \In"di*an\ (?; 277), a. [From India, and this fr. Indus,
the name of a river in Asia, L. Indus, Gr. ?, OPers. Hindu,
name of the land on the Indus, Skr. sindhu river, the Indus.
Cf. Hindu.]
[1913 Webster]
1. Of or pertaining to India proper; also to the East Indies,
or, sometimes, to the West Indies.
[1913 Webster]
2. Of or pertaining to the aborigines, or Indians, of
America; as, Indian wars; the Indian tomahawk.
[1913 Webster]
3. Made of maize or Indian corn; as, Indian corn, Indian
meal, Indian bread, and the like. [U.S.]
[1913 Webster]
Indian bay (Bot.), a lauraceous tree (Persea Indica).
Indian bean (Bot.), a name of the catalpa.
Indian berry. (Bot.) Same as Cocculus indicus.
Indian bread. (Bot.) Same as Cassava.
Indian club, a wooden club, which is swung by the hand for
gymnastic exercise.
Indian cordage, cordage made of the fibers of cocoanut
husk.
Indian cress (Bot.), nasturtium. See Nasturtium, 2.
Indian cucumber (Bot.), a plant of the genus Medeola
(Medeola Virginica), a common in woods in the United
States. The white rootstock has a taste like cucumbers.
Indian currant (Bot.), a plant of the genus
Symphoricarpus (Symphoricarpus vulgaris), bearing
small red berries.
Indian dye, the puccoon.
Indian fig. (Bot.)
(a) The banyan. See Banyan.
(b) The prickly pear.
Indian file, single file; arrangement of persons in a row
following one after another, the usual way among Indians
of traversing woods, especially when on the war path.
Indian fire, a pyrotechnic composition of sulphur, niter,
and realgar, burning with a brilliant white light.
Indian grass (Bot.), a coarse, high grass ({Chrysopogon
nutans}), common in the southern portions of the United
States; wood grass. --Gray.
Indian hemp. (Bot.)
(a) A plant of the genus Apocynum ({Apocynum
cannabinum}), having a milky juice, and a tough,
fibrous bark, whence the name. The root it used in
medicine and is both emetic and cathartic in
properties.
(b) The variety of common hemp (Cannabis Indica), from
which hasheesh is obtained.
Indian mallow (Bot.), the velvet leaf ({Abutilon
Avicenn[ae]}). See Abutilon.
Indian meal, ground corn or maize. [U.S.]
Indian millet (Bot.), a tall annual grass ({Sorghum
vulgare}), having many varieties, among which are broom
corn, Guinea corn, durra, and the Chinese sugar cane. It
is called also Guinea corn. See Durra.
Indian ox (Zool.), the zebu.
Indian paint. See Bloodroot.
Indian paper. See India paper, under India.
Indian physic (Bot.), a plant of two species of the genus
Gillenia (Gillenia trifoliata, and {Gillenia
stipulacea}), common in the United States, the roots of
which are used in medicine as a mild emetic; -- called
also American ipecac, and bowman's root. --Gray.
Indian pink. (Bot.)
(a) The Cypress vine (Ipom[oe]a Quamoclit); -- so called
in the West Indies.
(b) See China pink, under China.
Indian pipe (Bot.), a low, fleshy herb ({Monotropa
uniflora}), growing in clusters in dark woods, and having
scalelike leaves, and a solitary nodding flower. The whole
plant is waxy white, but turns black in drying.
Indian plantain (Bot.), a name given to several species of
the genus Cacalia, tall herbs with composite white
flowers, common through the United States in rich woods.
--Gray.
Indian poke (Bot.), a plant usually known as the {white
hellebore} (Veratrum viride).
Indian pudding, a pudding of which the chief ingredients
are Indian meal, milk, and molasses.
Indian purple.
(a) A dull purple color.
(b) The pigment of the same name, intensely blue and
black.
Indian red.
(a) A purplish red earth or pigment composed of a silicate
of iron and alumina, with magnesia. It comes from the
Persian Gulf. Called also Persian red.
(b) See Almagra.
Indian rice (Bot.), a reedlike water grass. See Rice.
Indian shot (Bot.), a plant of the genus Canna ({Canna
Indica}). The hard black seeds are as large as swan shot.
See Canna.
Indian summer, in the United States, a period of warm and
pleasant weather occurring late in autumn. See under
Summer.
Indian tobacco (Bot.), a species of Lobelia. See
Lobelia.
Indian turnip (Bot.), an American plant of the genus
Aris[ae]ma. Aris[ae]ma triphyllum has a wrinkled
farinaceous root resembling a small turnip, but with a
very acrid juice. See Jack in the Pulpit, and
Wake-robin.
Indian wheat, maize or Indian corn.
Indian yellow.
(a) An intense rich yellow color, deeper than gamboge but
less pure than cadmium.
(b) See Euxanthin.
[1913 Webster] |
Instipulate
(gcide) | Instipulate \In*stip"u*late\, a.
See Exstipulate.
[1913 Webster] |
Stipula
(gcide) | Stipula \Stip"u*la\, n.; pl. E. Stipulas, L. Stipulae. [L.,
a stalk, stem.]
1. (Bot.) A stipule.
[1913 Webster]
2. (Zool.) A newly sprouted feather.
[1913 Webster] Stipulaceous |
Stipulaceous
(gcide) | Stipulaceous \Stip`u*la"ceous\, Stipular \Stip"u*lar\, a. [Cf.
F. stipulac['e], stipulaire. See Stipula.] (Bot.)
Of or pertaining to stipules; resembling stipules; furnished
with stipules; growing on stipules, or close to them;
occupying the position of stipules; as, stipular glands and
stipular tendrils.
[1913 Webster] |
Stipulae
(gcide) | Stipula \Stip"u*la\, n.; pl. E. Stipulas, L. Stipulae. [L.,
a stalk, stem.]
1. (Bot.) A stipule.
[1913 Webster]
2. (Zool.) A newly sprouted feather.
[1913 Webster] Stipulaceous |
Stipular
(gcide) | Stipulaceous \Stip`u*la"ceous\, Stipular \Stip"u*lar\, a. [Cf.
F. stipulac['e], stipulaire. See Stipula.] (Bot.)
Of or pertaining to stipules; resembling stipules; furnished
with stipules; growing on stipules, or close to them;
occupying the position of stipules; as, stipular glands and
stipular tendrils.
[1913 Webster] |
Stipulary
(gcide) | Stipulary \Stip"u*la*ry\, a. (Bot.)
Of or pertaining to stipules; stipular.
[1913 Webster] |
Stipulas
(gcide) | Stipula \Stip"u*la\, n.; pl. E. Stipulas, L. Stipulae. [L.,
a stalk, stem.]
1. (Bot.) A stipule.
[1913 Webster]
2. (Zool.) A newly sprouted feather.
[1913 Webster] Stipulaceous |
Stipulate
(gcide) | Stipulate \Stip"u*late\, a. (Bot.)
Furnished with stipules; as, a stipulate leaf.
[1913 Webster]Stipulate \Stip"u*late\, v. i. [imp. & p. p. Stipulated; p.
pr. & vb. n. Stipulating.] [L. stipulatus, p. p. of
stipulari to stipulate, fr. OL. stipulus firm, fast; probably
akin to L. stipes a post. Cf. Stiff.]
To make an agreement or covenant with any person or company
to do or forbear anything; to bargain; to contract; to settle
terms; as, certain princes stipulated to assist each other in
resisting the armies of France.
[1913 Webster] |
Stipulated
(gcide) | Stipulate \Stip"u*late\, v. i. [imp. & p. p. Stipulated; p.
pr. & vb. n. Stipulating.] [L. stipulatus, p. p. of
stipulari to stipulate, fr. OL. stipulus firm, fast; probably
akin to L. stipes a post. Cf. Stiff.]
To make an agreement or covenant with any person or company
to do or forbear anything; to bargain; to contract; to settle
terms; as, certain princes stipulated to assist each other in
resisting the armies of France.
[1913 Webster] |
Stipulating
(gcide) | Stipulate \Stip"u*late\, v. i. [imp. & p. p. Stipulated; p.
pr. & vb. n. Stipulating.] [L. stipulatus, p. p. of
stipulari to stipulate, fr. OL. stipulus firm, fast; probably
akin to L. stipes a post. Cf. Stiff.]
To make an agreement or covenant with any person or company
to do or forbear anything; to bargain; to contract; to settle
terms; as, certain princes stipulated to assist each other in
resisting the armies of France.
[1913 Webster] |
Stipulation
(gcide) | Stipulation \Stip`u*la"tion\, n. [See Stipule.] (Bot.)
The situation, arrangement, and structure of the stipules.
[1913 Webster]Stipulation \Stip`u*la"tion\, n. [L. stipulatio: cf. F.
stipulation.]
1. The act of stipulating; a contracting or bargaining; an
agreement.
[1913 Webster]
2. That which is stipulated, or agreed upon; that which is
definitely arranged or contracted; an agreement; a
covenant; a contract or bargain; also, any particular
article, item, or condition, in a mutual agreement; as,
the stipulations of the allied powers to furnish each his
contingent of troops.
[1913 Webster]
3. (Law) A material article of an agreement; an undertaking
in the nature of bail taken in the admiralty courts; a
bargain. --Bouvier. Wharton.
[1913 Webster]
Syn: Agreement; contract; engagement. See Covenant.
[1913 Webster] |
Stipulator
(gcide) | Stipulator \Stip"u*la`tor\, n. [L.]
One who stipulates, contracts, or covenants.
[1913 Webster] |
Stipule
(gcide) | Stipule \Stip"ule\, n. [L. stipula a stalk, stem, straw: cf. F.
stipule. Cf. Stubble.] (Bot.)
An appendage at the base of petioles or leaves, usually
somewhat resembling a small leaf in texture and appearance.
[1913 Webster] |
Stipuled
(gcide) | Stipuled \Stip"uled\, a. (Bot.)
Furnished with stipules, or leafy appendages.
[1913 Webster] |
Tipula
(gcide) | Tipula \Tip"u*la\, n.; pl. L. Tipulae, E. Tipulas. [L., the
water spider, or water spinner.] (Zool.)
Any one of many species of long-legged dipterous insects
belonging to Tipula and allied genera. They have long and
slender bodies. See Crane fly, under Crane.
[1913 Webster] |
Tipulae
(gcide) | Tipula \Tip"u*la\, n.; pl. L. Tipulae, E. Tipulas. [L., the
water spider, or water spinner.] (Zool.)
Any one of many species of long-legged dipterous insects
belonging to Tipula and allied genera. They have long and
slender bodies. See Crane fly, under Crane.
[1913 Webster] |
Tipulary
(gcide) | Tipulary \Tip"u*la*ry\, a. [Cf. F. tipulaire.] (Zool.)
Of or pertaining to the tipulas.
[1913 Webster] |
Tipulas
(gcide) | Tipula \Tip"u*la\, n.; pl. L. Tipulae, E. Tipulas. [L., the
water spider, or water spinner.] (Zool.)
Any one of many species of long-legged dipterous insects
belonging to Tipula and allied genera. They have long and
slender bodies. See Crane fly, under Crane.
[1913 Webster] |
Tip-up
(gcide) | Tip-up \Tip"-up`\, n. (Zool.)
The spotted sandpiper; -- called also teeter-tail. See
under Sandpiper.
[1913 Webster]collapsible \collapsible\ adj.
Capable of collapsing or being collapsed; as, a collapsible
boat. [Narrower terms: telescopic; tip-up] Also See:
folded. Antonym: noncollapsible.
Syn: collapsable.
[WordNet 1.5] |
tip-up
(gcide) | Tip-up \Tip"-up`\, n. (Zool.)
The spotted sandpiper; -- called also teeter-tail. See
under Sandpiper.
[1913 Webster]collapsible \collapsible\ adj.
Capable of collapsing or being collapsed; as, a collapsible
boat. [Narrower terms: telescopic; tip-up] Also See:
folded. Antonym: noncollapsible.
Syn: collapsable.
[WordNet 1.5] |
aralia stipulata
(wn) | Aralia stipulata
n 1: similar to American angelica tree but less prickly; China
[syn: Chinese angelica, Chinese angelica tree, {Aralia
stipulata}] |
family tipulidae
(wn) | family Tipulidae
n 1: crane flies [syn: Tipulidae, family Tipulidae] |
genus tipuana
(wn) | genus Tipuana
n 1: one species: South American tree: tipu tree [syn:
Tipuana, genus Tipuana] |
lespedeza stipulacea
(wn) | Lespedeza stipulacea
n 1: annual native to Korea but widely cultivated for forage and
hay in hot dry regions [syn: Korean lespedeza, {Lespedeza
stipulacea}] |
multipurpose
(wn) | multipurpose
adj 1: having multiple uses; "a multipurpose tool" |
stipulate
(wn) | stipulate
v 1: specify as a condition or requirement in a contract or
agreement; make an express demand or provision in an
agreement; "The will stipulates that she can live in the
house for the rest of her life"; "The contract stipulates
the dates of the payments" [syn: stipulate, qualify,
condition, specify]
2: give a guarantee or promise of; "They stipulated to release
all the prisoners"
3: make an oral contract or agreement in the verbal form of
question and answer that is necessary to give it legal force |
stipulation
(wn) | stipulation
n 1: (law) an agreement or concession made by parties in a
judicial proceeding (or by their attorneys) relating to the
business before the court; must be in writing unless they
are part of the court record; "a stipulation of fact was
made in order to avoid delay" [syn: stipulation,
judicial admission]
2: an assumption on which rests the validity or effect of
something else [syn: condition, precondition,
stipulation]
3: a restriction that is insisted upon as a condition for an
agreement [syn: stipulation, specification] |
stipulative definition
(wn) | stipulative definition
n 1: a definition that is stipulated by someone and that is not
a standard usage |
stipulatory
(wn) | stipulatory
adj 1: constituted or contracted by stipulation or agreement;
"stipulatory obligations" [syn: agreed upon(p),
stipulatory] |
stipule
(wn) | stipule
n 1: a small leafy outgrowth at the base of a leaf or its stalk;
usually occurring in pairs and soon shed |
tipu tree
(wn) | tipu tree
n 1: semi-evergreen South American tree with odd-pinnate leaves
and golden yellow flowers cultivated as an ornamental [syn:
tipu, tipu tree, yellow jacaranda, {pride of
Bolivia}] |
tipuana
(wn) | Tipuana
n 1: one species: South American tree: tipu tree [syn:
Tipuana, genus Tipuana] |
tipulidae
(wn) | Tipulidae
n 1: crane flies [syn: Tipulidae, family Tipulidae] |
multipurpose internet mail extensions
(foldoc) | Multipurpose Internet Mail Extensions
MIME
(MIME) A standard for multi-part,
multimedia electronic mail messages and web
hypertext documents on the Internet. MIME provides the
ability to transfer non-textual data, such as graphics,
audio and fax. It is defined in RFC 2045, RFC 2046,
RFC 2047, RFC 2048, RFC 2049, and BCP0013. It uses
mimencode to encode binary data into base 64 using a
subset of ASCII.
{FAQ
(http://cis.ohio-state.edu/hypertext/faq/usenet/mail/mime-faq/top.html)}.
(1995-04-04)
|
secure multipurpose internet mail extensions
(foldoc) | Secure Multipurpose Internet Mail Extensions
S-MIME
(S-MIME) A specification for secure
electronic mail. S-MIME was designed to add security to
e-mail messages in MIME format. The security services
offered are authentication (using digital signatures) and
privacy (using encryption).
(http://rsa.com/rsa/S-MIME/).
(1997-05-10)
|
STIPULATED DAMAGES
(bouvier) | STIPULATED DAMAGES, contracts. The sum agreed by the parties to be paid, on
a breach of a contract, by the party violating his engagement to the other.
2. It is difficult to distinguish, in some cases, between stipulated
damages and a penalty; (q.v.) 3 Chitty's Commer. Law, 627; 2 Bos. & Pull.
346. The effect of inserting stipulated damages, either at law or equity, a
pears to be, that both parties must abide by the stipulation, and the
prescribed sum must be given. Holt, C. N. P. 46 Newl. Contr. 313; see 5
Taunt. Rep. 247. Vide Damages, Liquidated.
|
STIPULATION
(bouvier) | STIPULATION, contracts. In the Roman law, the contract of stipulation was
made in the following manner, namely; the person to whom the promise was to
be made, proposed a question to him from whom it was to proceed, fully
expressing tho nature and extent of the engagement and, the question so
proposed being answered in the affirmative, the obligation was complete.
2. It was essentially necessary that both parties should speak, (so
that a dumb man could not enter into a stipulation) that the person making
the promise should answer conformably to the specific question, proposed,
without any material interval of time, and with the intention of contracting
an obligation.
3. From the general use of this mode of contracting, the term
stipulation has been introduced into common parlance, and, in modern
language, frequently refer's to any thing which forms a material article of
an agreement; though it is applied more correctly and more conformably to
its original meaning to denote the insisting upon and requiring any
particular engagement. 2 Evans' Poth. on Oblig. 19.
4. In this contract the Roman law dispensed with an actual
consideration. See, generally, Pothier, Oblig. P. 1, c. 1, s. 1, art. 5.
5. In the admiralty courts, the first process is frequently to arrest
the defendant, and then they take the recognizances or stipulation of
certain fide jussors in the nature of bail. 3 Bl. Comm. 108; vide Dunlap's
Adm. Practice, Index, h.t.
6. These stipulations are of three sorts, namely: l. Judicatum solvi,
by which the party is absolutely bound to pay such sum as may be adjudged by
the court. 2 De judico sisti, by which he is bound to appear from time to
time, during the pendency of the suit, and to abide the sentence. 3. 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.
7. The securities are taken in the following manner, namely: 1. Cautio
fide jussoria, by sureties. 2. Pignoratitia; by deposit. 3. Juratoria, by
oath: this security is given when the party is too poor to find sureties, at
the discretion of the court. 4. Aude promissoria, by bare promise: this
security is unknown in the admiralty courts of the United States. Hall's
Adm. Pr. 12; Dunl. Adm. Pr. 150, 151. See 17 Am. Jur. 51.
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