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Bouvier's Law Dictionary, Revised 6th Edition (1856)

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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