Page:Black's Law Dictionary (Second Edition).djvu/1108

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


SPECIAL

pose, object, person, or class, of "general."

—S1iecial set. A priiate statute: an act which upcrates only upon particular persons or private concerns. 1 Bi. (‘orum. S6: Unity V. Rurrage. 103 U. S -in-1, 26 L. Ed. 405.—Spe- eiai case. In English practice. When a trial at m'si' prim appears to the judge to turn on a point of law, the jury may End a gincral V91‘- (lici. subject to the opinion of the court above, upon what is termed a "spcr-hi cttse" to he made; that is. upon a uiittcn st ~tciuent of all the facts of the case drnun up for the opinion of the («aunt in bunt-. h_r the coin 4-] and attnrncys on either side, under correction of the judge tit nix-i prim. The party for whom the general verdict is so giien is in such case not entitled to judgment till the court in bane h-is decidnd on the special case: and, according to the result of that decision, the verdict is ultimntely entered either for him or his adversary. Brni\n.—Special elnini. In English law. A claim not cniinicrzitr-d in the orders of April 22 1850 which reqiiirnd the ieiire of the court of chanr-ery to tile it. Such claims are abolished. —SpecinI commission. In English law. A.n extraordinziry coinmission of oycr and terininer and guol delivery, issued by the crown to the judges when it is lil‘(‘(.iS:lI'y that offenses should be immediately tried and punished. iVharton. —Specin.i. errors. Special pleas in error are such as. instead of joining in error, allege some extraneous matter as :1 ground of defeating the writ of error. e. y., a release of errors. expiration of the time within which error niight be brought, or the like. To these, the plaintiff in error may either reply or demur.—Speein.‘l matter. Under A. plea of the general issue, the defendant is itliowed to give special matter in evidence, usually after notice to the plaiutilf of the nature of such matter, thus sparing him the neee ty of pleading it specially. 3 Bl. .—-Special paper. A list. kept in the iingiish courts of common law, iuid now in the king's bench. common pleas, and excheriuer divisions of the high court, in which list demiirrcrs, special cases. etc.. to be argued are set down. It is distinguished from the new tiiiil paper, peremptory paper. crown paper, revenue paper, etc. zictoi-din: to the practice of the par-

The opposite

E‘ E

1

en

ticular division. Wharton. As to special “Acceptance," “Administration." “Agent," “Allo(‘ai;11r" ”

“Asscssiiient." “Assumpsic, "fiiistard," “Benefit." “Calen(i.ir," “Charge," “Constable.” "Couti'act." “Count." “Core- n.am;." “Custom,” “Dnnia,<:e." “Deniurrer," "Deposit," “D(1iuty." "Elrth'on," “E.\':1i.uin er," "Executor." "Findlug.” “Guaranty ' “Gii.-ii'd.i:in." “IlJ1p£tl‘iai'iCE. “Indorsement," “Indorsenient of Writ," junction." "Insurnnce" "issue," “Juri.sd_iction."

ner." “Partnership "P'IE‘&i(ii11g." “Pow-2 , "I’rivilevo" "Proceeding." "Property." “Roqiies " Replication," “Restraint of Trade." “Ret:ilner," “Rule,” “Servlce," “Sessions." “Statute," “Stock” “Tail,” “'I‘erm.’ “Terms," “Traverse.” “Tnist." “Verdict.” and “Warranty,” see those titles.

Speciali: gene:-niibns derogsnt. Special words derogate from general words. A

1100

SPEC IFIOATION

special provision as to a particular sub] matter is to be preferred to gencr-ii gusge, which might have gun-riied in absence of such special provision. L. R. l C. P. 546. '

SPECIALTY. A writing sealed iuid 6 livered, containing some agreeuient. Aiflfl ing sealed and delireied, which is given ll security for the pay nient, of a Gun. I which such debt is particularly spudlifl Bar: Ahr. "Obligation," A.

A specialty is I1 contract under uni. Ifl is considered by law as entered into III more solcninity, and, consequently, of him‘ (li_:nlt_r than ordinary simple eontricts (lily G11. ISSZ. § 2717.

—-Specialty debt. A debt due or fl(‘h'l]flWiE3

to be due by deed or instrument under 5 2 Bl. Comm. 465.

SP]-ICIE. 1. Gain of the precious met- als, of 21 certain weight and iiuenmr. nil beiirlmz the stamp of the government. tie- noting its value as currency. Trebfi-ucli Ir. “'iis0l1. 12 V\’:ili 695, 20 L. Ed. 460; \\ alkup v. Houston. 65 N. C. 501; Ileiiry v. Bank of Salintt, 5 Hill (N. Y.) 536.

2. When spoken of a contract, the expression "pcrforniaiice in. specie" means strictly, or according to the exact terms M applied to things, it signifies indiridualiti of identity. Thus. on a bequest of a s1.-ME picture, the iezittee would be said to be intitlcd to the delivery of the picture in specie,- L 2., of the very thing. Whether ti thing is due in genera or in specie dcpeiirls. in €nL‘ii case. on the will of the transacting partiu. Brown.

SPECIES. Lot. In the civil law. Fnrni: figure; fashion or shape. A form or Siifl]|E given to materials.

A particular thing; as distinguished from “gcmI.«I."

—Speeies facti. In Scotch law. The particu- lar ciimiiiai not charged against a person.

SPECIFIC. Having a certain form or designation; observing a certain form; p.irtlculnr ; ' precise.

As to specific “Deniui," “Derlse." “leg- aey," and ‘‘Performance.‘' bee those titles.

SPECIFICATIO.}} Lot In the clvllluw. Literally, a making of form: a giving of term to mateiials. That mode of acquliing [)1'0[iei'ty through which a person, by transforming a thing belonging to another. especially by Working up his materiais i.nto a new species. becomes pi-oprietor of the sums. M:icl;eld. Rom. Law, § 211.

SPECIFICATION. As used in the law relating to patents and in building contracts. the term denotes a p:irt.i(:nlnr or detilled

statement or the various elements mvoived.