Page:Black's Law Dictionary (Second Edition).djvu/1118

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STEVEDORE

ment of a direction that all further proceedings shall he 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 without sufferlng a nonsuit. Brown.

STEVEDORE. A person employed in loading and unloading vessels. The Senator (D. C.) 21 Fed. 191: Rankin v. Merchants’ & M. Transp. 00.. "3 Ga. 232, 54 Am. Rep. 874; The Elton. 83 Fed 521. 3] C. C. 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.—StewarrI of u manor. An important officer who has the gen- --rnl manazetnent of all forensic matters con- iinz-tetl 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 sherilf. Uowell.—Ste'warrI of all England. in old English law. An officer who was invest- ml with vaiioiis powers: among others. to preside on the trial of peers.—Stewar-d of Scot- land. An officer of the highest dignity and trust. He administered the crown revenues, superintended the aifairs of the household, and possessed the privilege of holding the first place in the army. next to the king. in the day of iinttie. From this office the royal house of Stu- ait took its name. But the office was sunk on their aduincement to the throne, and has never since been revived.

STEWARTRY, in Scotch law, is said to he equivalent to the English “county.” See Brown.

STEWS. Certain brothels anciently permitted in England. suppressed by Henry VIII. Also, hreeding places for tame phess- ants.

STICK. In the old hooks. 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 (‘linendon Cmvell. (2) An arbitr.-itor. (3) An ob- stinate contender about anything.

STIFLING A PROSECUTION. Agreeing. in consideration of recehing a pecuniary or other ad\"1iit'1ge, to abstain from prosecuting a person for an ofieuse not giving rise to a civil remedy; e. p., perjury. Sweet.

STELLBORN. A stillborn Child is one born dead or in such an eiriy stage of pregnancy as to be incapable of living. though not actually dead at the time of birth. (‘hil- di-en born within the first six months after ('li'l.l(‘L'1'|l’l0Ii are considered by the civil law as incapable of living, and therefore, though

1110

STIPULATIO

they are apparently born alive, if they do not in fact survive so long as to rebut this pro sumption of law, they cannot inherit, so as to transmit the property to others. Marsei- iis v. Thalhitner, 2 Paige (N. Y.) 41, 21 Am. Dec. 66.

STILLICIDIUM. Lat. In the civil law. The drip or 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 “flum.cn" designated the min-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; :1 limited number. Used as descriptive of a species of common. See Common sens NOMBRE.

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.

S'.I'IPENDIA_'R,Y MAGISTRATES. In English law. Paid magistrates; appointed in London and some other cities and bor- oughs, and having in geiierai 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. Uommunis stipes, the common stock. Fieta lih. 6, C. 2.

STIPITAL. Relating to stlrpes. roots. or stocks. “Stlpital distribution" of property is distribution per stirpes; that is, by right of representation.

STIPULATED DAMAGE. damage, (a. 1;.)

Liquidated

STIPULATIO.}} Lat. In the Roman law, stipulutio was the verbal contract, (ucrbis obiigatio.) and was the most solemn and formal or all the contracts in that svstem of jurisprudence. It was entered into by question and corresponding answer thereto, by the parties, both being present at the same time, and usually by such Words as “spmi.dt'si spomlco." “promittisi prmm'tto." and the like. Brown.

-Stipulatio Aquiliana. A particular application of the stipulaliu, which was used to CU!- icct together into one verbal contract all the li-

abilities of every kind and quality of the debt-