Page:Black's Law Dictionary (Second Edition).djvu/1109

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SPECIFICATION

fiilhert v. U. S.. l Ct. Cl. 34: State v. Kendall, 15 l\'eb. 262, 18 N. W. 85; Wilson V. Uoon (C. 0.) I5 Fed. 614.

In military law. The clear and particu- lar description of the charges preferred against a person accused of a inilltaiy offense. Tytler. Mil. Law, 109; Carter v. Mc- Claiighry, 183 U. S. 365, 22 Sup. Ct. 181, 46 L. Ed. 236.

In the law of personal property. The acquisition of title to a thing by 'iV'0I‘l\lllg it into new forms or species from the raw material: corresponding to the spccifir-aiio of the Roman law. See Lampton v. Prest,0l:l, 1 .I. .l. Marsh. (Ky.) 462. 19 Am. Dec. 104.

In practice. A detailed and particular enuineuitiou of several points or matters urged or relied on by a party to a suit or proceedi.ug: as, a "specification of errois,” or a "specification of grounds of opposition to a banl.riipt's Ll1SC‘lJ£l[‘,E0." See Railway Co. v. liic.-\rihur_ 96 Tex. G5. 70 S. W. 317; In re Glass (D. C.) 119 Fed. 514.

SPECIMEN. A sample: a part of something intended to exhiiiit the kind and quali-

ty of the vshole. People v. Freeman, 1 Idaho, 322. SPECIJLATION. In commerce. Theact

or prnLt.ce of buying lands, goods. et('.. in expectation of a rise of price and of selling them at an advance, as distinguished from a regular trade. in which the profit expected is the dil“ference between the retail and wholessle prices, or the difference of price in the place where the goods are purchased, and the place where they are to be carried for mnrket. Webster. See I\Ia.\'well v. Burns (Tenn. Ch. App.) 59 S. W. 1067; U. S. v. Detroit Timber & Lumber Co. (C. C.) 124 Fed. 393.

SPECULATIVE DAMAGES. See DAM-

AGES.

SPEGULUM. Lot. Mirror or lookingglass. The title of several of the most acnient law-hooks or compilations. One of the ancient Icelandic books is styled "Speculum Reyah-2."

SPEEDY EXECUTION. An execution which, iiy the direction of the Judge at mist priiza. issues forthwith, or on some early ilay fixed upon by the Judge for that purpose aiter the trial of the action. Brown.

SPEEDY TRIAL. In criminal law. As secured by constitutional guaranties, a speedy trial means a trial conducted according to fixed rules. regulations, and proceedings of law, free from vexatious, capricious, and oppressive delays manufactured by the ministeis of Justice. See People v. Hall. 51 App. Div. 57. 64 N. Y. Supp. 433; Nixon v. State. 2 Smedes & M. (lSilss.) 507, 41 Am. Dec 601;

1101

SPIRITUAL

Cummins v. People, 4 Colo. App. 71, 34 Pae. 734; Benton v. Com., 91 Va. 782, 21 S. E. 495.

SPELLENG. The formation of words by letters: olthogiaplly. Incorrect spelling does not vitiate a written instrument if the intention clearly appears.

SPENDTHRIFT. A person who by ex- cessive drinking, gaming, idleness, or de- bauchery of any kind shall so spend, naste, or lessen his estate as to expose himself or his family to want or suffering, or expose the town to charge or expense for the support of himself or family. Rev. St. Vt. c. (35. § 9: Appeal of Morey. 57 N. H. 54.

The word “spendtiirift," in all the provi- sions relating to guardians and wards. contnlned in this or any other statute. is intended to include every person who is liable to be put under guardianship, on account of excessive drinking. gaming. idleness or de- liaucherv. How. St. Mich. 1882. § 6340. —Spemltlu-ift trust. A term commonly applied to those trusts which are (‘rented with a view of providing a fund for the maintenance of anollier, nnd at the same time securing it a_;:iinsL lils improvidence or incapacity for his

protection. Provisions against alienation of the

trust fund liv the voluntary not of the beneficiary or by his creditors are the usual incidents. Bennett v. Bennett. (56 Ill. A p. 28: Guernsey v. Lazenr. 51 W. Va. 328. 41 E. 405.

SPERATE. That of which there is hope. Thus a debt which one may hope to recover may be called "sperate,” in opposition to “desperate." See 1 Chit. Pr. 520.

SPES ACCRESCENDI. Lat. Hope of snrviving. 3 Atk. 762; 2 Kent, Comm. 424.

Spes est vigilantls somnium. Hope is the dream of the vigilant. 4 Inst. 20 .

Spas impunitnfls continuum nfiectum tr-ibuit delinquendi. The hope of impunity holds out :1 continual temptation to crime. 3 Inst. 236.

SP1-ZS RECUPERANDI. [AL The hope of recovery or recapture; the chance of retaking property captured at sea_ which prevents the captors from ac-qulrlng'complete ownership of the property until they have definitely precluded it by eifectual measures. 1 Kent, Comm. 101.

SPIGURNEI... The sealer of the royal writs. SPINSTER. The addition given. in legal

proceedings, and in conveyancing. to a wo- man who never has been married.

SPIRITUAL. Relating to religious or ecclesiastical persons or afiairs, as distin- guished from “secular" or lay, worldly, or business matters.

As to spiritual “Corpnration," “Courts,"

and “Lords." see those titles.