| 释义 |
▪ I. stipulation1|stɪpjuːˈleɪʃən|
[a. L. stipulātiōn-em, agent-n. f. stipulārī: see stipulate v. and -ation. Cf. F. stipulation, Sp. estipulacion, It. stipulazione.]
The action or an act of stipulating, in various senses of the verb.
†1. An engagement or undertaking to do something. Obs.
1552Huloet, Stipulation, bonde, bargayne, obligation, or promise to do, perfourme, & satisfye yt thinge for the whyche suche stipulation or bond is made, whether it be for paiment of any summe of mony, or other act to be performed,..stipulatio. 1560J. Daus tr. Sleidane's Comm. 264 b, The Emperour pardoned them al, taking stipulation of them, that they should no more weare armure against him [L. accepta fide ne etc.]. 1597Hooker Eccl. Pol. v. §64. 156 Because the answere which they make to the vsuall demaunds of stipulation proposed in baptisme is not their owne. a1618Sylvester Honour's Farew. 127 Wks. (Grosart) II. 288 To trust our Soule with such whose Stipulation Cannot repaire, cannot reprive, Damnation. 1624Donne Serm. xliii. (1640) 427 Thou art bound to live according to that stipulation and contract, made in thy behalfe, at thy receiving of that Sacrament [of Baptism]. 1660R. Coke Justice Vind. 2 A Contract is the mutual stipulation of two or more, that they will do or give. 1674Owen Holy Spirit (1693) 94 The stipulation of Obedience on our part is consequential thereupon. 1719W. Wood Surv. Trade 294 We can have no Security that the Subjects of those Nations shall not clandestinely Trade to the South-Seas, notwithstanding such Stipulation to the contrary, if they find any Advantage therein.
†2.
a. A contract, agreement, treaty. Obs.
1649Milton Tenure Kings 28 All which..bore witness that regal power was nothing else but a mutuall Covenant or stipulation between King and people. 1681–6J. Scott Chr. Life ii. vii. §9 Wks. 1718 I. 444 That which unites them is..their being obliged together under the same Laws and Stipulations. 1711Swift Cond. Allies 33 Which is the only Article that I can call to mind, in all our Treaties or Stipulations, with any view of Interest to this Kingdom. Ibid. 47 The Emperor..was by Stipulation to furnish Ninety thousand Men against the Common Enemy. 1818Cruise Digest (ed. 2) III. 24 He doubted..whether a covenant, that the mortgagee should present..was not void; being a stipulation for something more than the principal and interest.
b. Roman Law. The action of making a contract or agreement in the verbal forms legally binding; a contract or agreement so made.
a1623Swinburne Spousals (1686) 6 Concerning the Form, so precise were the ancient Romans in the observation thereof, that they did not for a long time admit any other manner of contracting Spousals, but by stipulation. 1681Stair Inst. Law Scot. x. viii. 116 Instead of the remeids of Stipulation, the inconveniences that rejected naked Paction among the Romans, are remeided with us by this means. 1837–9Hallam Hist. Lit. II. ii. iv. §82 He dwells on the folly of keeping up the old forms of stipulation in contracts. 1871Poste Gaius 311 The dumb cannot stipulate or promise, nor can the deaf, for the promisee in stipulation must hear the answer, and the promisor must hear the question. 1880W. A. Hunter Introd. Roman Law 101 Although the validity of a stipulation depended upon its being made orally, there was nothing to prevent..the practice of recording the terms of the stipulation in writing.
c. U.S. Law. An agreement between opposing parties (or their counsels) relative to the course of a judicial proceeding; a requirement or condition of such an agreement.
1802South Carolina Rep. (1817) II. 162 The Court opened a stipulation entered into between the insurers and the insured, by which it was agreed that one case should decide all others. 1828U.S. Supreme Court Rep. XXVI. 448 The want of possession, if consistent with the stipulations of the parties,..has never been held to be, per se, a badge of fraud. 1876Ibid. (1877) XCIV. 278 Stipulations between counsel relative to the course of proceeding in a cause pending in this court cannot be withdrawn by one party without the consent of the other. 1909Northeastern Reporter LXXXVIII. 786/1 By that stipulation the defendants had the right of inspection before final acceptance of the goods. 1948Pacific Reporter (1949) XCIX. 956/1 The contents of the proposed stipulation with reference to the repairs of the damage as to sidewalks, are merely instructions to workmen. 1977National Observer (U.S.) 8 Jan. 18/1 Agreements to something he [sc. your counsel] calls ‘stipulations’ pour from his eager lips so thick and fast that soon a miasma of confusion covers you. Eventually you learn that a stipulation is a point or condition agreed upon between the litigants.
3. a. A giving security for the performance of an undertaking. (Cf. stipulate v. 5 b.)
Now only in the language of the Admiralty Courts, after quot. 1648.
1648Coke Instit. iv. xxii. 135 Whereas time out of minde the Admirall Court hath used to take stipulations for appearance and performance of the Acts and Judgements of the same Court: It is now affirmed..that [etc.]. 1768Blackstone Comm. III. vii. 108 These courts [of Admiralty]..also take recognizances or stipulation of certain fidejussors in the nature of bail.
†b. The action of giving security for an assertion; asseveration, assurance. Obs.
1720Wodrow Corr. (1843) II. 488 From this method of stipulation, by a solemn appeal to God's omniscience, with implied imprecations to him as a Judge. 1737Waterland Eucharist Introd. 22 They are supposed, when worthily performed, to carry in them all dutiful Allegiance to God,..a Stipulation of a good Conscience, and [etc.].
4. The action of specifying as one of the terms of a contract or agreement; a formulated term or condition of a contract or agreement.
1750Johnson Rambler No. 75 ⁋11, I have never discovered any lady who did not think wealth a title to some stipulations in her favour. 1766Blackstone Comm. II. xx. 299 Next follow the terms or stipulations..upon which the grant is made. a1802Bp. S. Horsley Serm. (1816) III. xlii. 266 Hence, we may understand..with what equity and reason salvation is promised in Scripture to faith, without the express stipulation of any other condition. 1817Selwyn Law Nisi Prius (ed. 4) II. 1063 In a case where there was a stipulation between three persons who appeared to the world as partners, that one of them should not participate in the profit and loss. 1844H. H. Wilson Brit. India III. 155 The stipulation of the treaty of Yandabo providing for the permanent residence of a representative of the British Government, at the capital of Ava. 1889S. Walpole Life Ld. John Russell II. xxviii. 313 The stipulations on which the two emperors had agreed at Villafranca.
5. The action of stipulating for or insisting on something as a condition of agreement; an instance of this, a condition stipulated for.
1792Anecd. Pitt II. xxii. 40 Pensions were thrown about indiscriminately... The only stipulation was, ‘Give us your vote.’ 1845Disraeli Sybil v. xi, I did not preface it by a stipulation of confidence, because that is idle. 1878R. B. Smith Carthage 275 The stipulation made by the ease-loving inhabitants and granted by Hannibal, that no Capuan citizen should be required to serve in his army.
▪ II. stipulation2 Bot.|ˌstɪpjuːˈleɪʃən|
[ad. mod.L. stipulātiōn-em: see stipula and -ation.]
The arrangement of the stipules.
1760J. Lee Introd. Bot. iii. xvii. (1765) 209 By Stipulation is meant the Situation and Structure of the Stipulæ at the Base of the Leaves. 1830Lindley Nat. Syst. Bot. 24 Their stipulation points out their affinity with Urticeæ. |