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Updated: May 31, 2025
4 A stipulation is conditional, when performance is made to depend on some uncertain event in the future, so that it becomes actionable only on something being done or omitted: for instance, 'Do you promise to give five aurei if Titius is made consul? If, however, a man stipulates in the form 'Do you promise to give so and so, if I do not go up to the Capitol? the effect is the same as if he had stipulated for payment to himself at the time of his death.
The avaricious old man jumps at the proposal, but Marenka will have nothing to say to the arrangement, for Vasek is almost an idiot, and a stammerer as well. Kezal then proceeds to buy Jeník out for three hundred gulden. The latter, however, stipulates that in the agreement it shall only be set down that Marenka is to marry the son of Mícha.
Article Eleventh stipulates: "All subjects and servants of his Majesty the King of Prussia who hold bonds of the Saxon OBER-STEUER-EINNAHME shall be paid in full, capital and interest, at the times, and to the amount, specified in said STEUER-SCHEINE or Bonds." That is Article Eleventh.
Whereupon the buyer stipulates according to the ancient formula: "Do you guarantee that these sheep, for which we have bargained, are in such good health as sheep should be; that there is none among them one-eyed, deaf or bare-bellied; that they do not come out of an infected flock and that I will take them by good right and title?"
"Gracious man, we've tried; but the absurd old will expressly stipulates that he shall be known only by a certain quaint Roman ring, and unless he has it, no identification, no fortune. He has given the ring away, and that settles it." "Well, you 're all chumps. Why doesn't he get the ring from the owner?"
"Oh, Father expressly stipulates for Pip as well, because he is a scamp." "Upon my word, Esther, your parents have a large enough fund of philanthropy. Anyone else included in the invitation?" "Only Nell and Bunty and Baby. Oh, and Mother says if you can run up at any time for a few days shooting you know without her telling you how pleased she will be to see you."
In regard to the Tehuantepec route, which has been recently opened under the most favorable auspices, our treaty with Mexico of the 30th December, 1853, secures to the citizens of the United States a right of transit over it for their persons and merchandise and stipulates that neither Government shall "interpose any obstacle" thereto.
He that accepts protection, stipulates obedience. We have always protected the Americans; we may, therefore, subject them to government. The less is included in the greater. That power which can take away life, may seize upon property. The parliament may enact, for America, a law of capital punishment; it may, therefore, establish a mode and proportion of taxation.
We have uniformly adopted arbitration as a means of settlement for disputes with the Central and South American Republics. With Mexico the treaty of Guadalupe Hidalgo, of 1848, stipulates that future disputes between the two republics shall be submitted to arbitration. We have a general arbitration treaty for the settlement of pecuniary claims with all the Central and South American Republics.
Hence, if it be wished to make a stipulation in favour of any such third person, a penalty should be stipulated for, to be paid, in default of performance of that which is in reality the object of the contract, to the party who otherwise would have no interest in such performance; for when one stipulates for a penalty, it is not his interest in what is the real contract which is considered, but only the amount to be forfeited to him upon nonfulfilment of the condition.
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