Black's Law Dictionary

A method of compounding an offense, allowed in the English practice, where the court permits a defendant convicted of a mlsdemeanor to speak with the prosecutor before judgment is

Relating to or designating a species, kind or sort; designed for a particular purpose; confined to a particniar purpose, object, person, or class. The opposite of "general." —Speci

A private statute; an act which operates only upon particular persons or private concerns. 1 Bl. Comm. 86; Unity v. Burrage, 103 U. S. 454, 26 L. Ed. 405.

The special allowance of a writ (particularly a writ of error) which la required in some particular cases.

In English practice. In taxing the costs of an action as between party and party, the taxing officer is, in certain cases, empowered to make special ni-lowances ; i. e., to allow t

An action of assumpsit is so called where the declaration sets out the precise language or effect of a special contract, which forms the ground of action; as distinguished from a g

One barn of parents before marriage, the parents afterwanis intermarrying. By the civil and Scotch law he would be then legitimated.

A calendar or list of causes, containing those set down specinily for hearing, trial, or argument. .

In English practice. When a trial at nisi prtus appears to the judge to fum on a point of law, the jury may find a general verdict, subject to the opinion of the court above, upon

A charge or instruction given by the court to the jury, upon some particular point or question involved in the case, and usually in response to counsel's request for such instructi

In English law. A clnim not enumerated in the orders of April 22, 1850, which required the leave of the court of chancery to file it. Such claims are abolished.

In English law. An extraordinary commission of oyer and terminer and gaol delivery, issued by the crown to the judges when it is necessary that offenses should be immediately tried

A particular or local custom; one which, in respect to the sphere of its observance, does not extend throughout the entire state or country, but is Confined to some particular dist

The measure of diligence and skill exercised by a good business man in his particular specinity, which must be commensurate with the duty to be performed and the individual circums

An election for a particular emergency; out of the regular course ; as one held to fill a vacancy arising by death of the incumbent of the office.

Special pleas in error are such as, instead of joining in error, allege some extraneous matter as a ground,of defeating the writ of error, e. g., a release of errors, expiration of

In English law. Some person, not one of the examiners of the court of chancery, appointed to lake evidence in a particular suit. This may be done when the state of business in the

One whose power land office are limited, either in respect to the time or place of their exercise, or restricted to a particular portion of the decedent's estate. In the civil law.

A guaranty which is available only to the particular person to whom it is offered or addressed; as distinguished from a general guaranty, which will operate in favor of any person

Special worths derogate from general words. A special provision as to a particniar subject-matter is to be preferred to general language, which might have governed in the absence o

An indorsement in full, which specifically names the indorsee. Malone v. Garver, 3 Neb. (Unof.) 710, 92 N. W. 726; Carolina Sav. Bank v. Florence Tobacco Co., 45 S. C. 373, 23 S. E

In English practice. The writ of summons in an action may, under Order iii. 6, be indorsed with the particulars of the amount sought to be recovered in the action, after giving cre

An injunction obtained only on motion and petition, usually with notice to the other party. Aldrich v. Kirkland, 6 Rich. Law (S. O.) 340. An injunction by which parties are restrai

A court authorized to take cognizance of only some few kinds of causes or proceedings expressly designated by stafute is called a "court of special jurisdiction."

A jury ordered by the court, on the motion of either party, in cases of unusual importance or intricacy. Called, from the manner in which it is constituted, a "struck jury." 3 Bl.

A "specific legacy" (g. vt) is sometimes so called.

In English law. One granted by the archbishop of Canterbury to authorize a marriage at any time or place whatever. 2 Steph. Comm. 247, 255.

A qualification serving to mark out the bounds of an estate, so as to determine it ipso facto in a given event, without action, entry, or claim, before it would, or might, otherwis

Particular or personal malice; that is, hatred, ill will, or a vindictive disposition against a particular individual.

A master in chancery appointed to act as the representative of the court in some particular aet or transaction, as, to make a sale of property under a decree. Guaranty Trust, etc.,

Under a plea of the general issue, the defendant is allowed to give special matter in evidence, usually after notice to the plaintiff of the nafure of such'matter, thus sparing him

In the law of corporations. A meeting called for special purposes ; one limited to particular business; a meeting fur those purposes of which the parties have had special notice. M

A motion addressed to the discretion of the court, and which must be heard and determined ; as distinguished from one which may be granted of course. Merchants' Bank v. Crysler, 67

A form of the plea of non est factum, in debt on a specialty, by which the defendant alleges that, although he executed the deed, yet it is in law "not his deed," because of certai

A person baving a special right to enter upon and occupy lands granted pur autre vie, on the death of the tenant, and during the life of cestui que vie. Where the grant is to a man

One who has a special interest in an article of property, amounting to a qualified ownership of it, such, for example, as a bailee's lien; as distinguished from the general owner,

A list kept in the English courts of common law, and now in the king's bench, common pleas, and exchequer divisions of the high court, in which list demurrers, special cases, etc.,

A member of a limited partnership, who furnishes certain funds to the common stock, and whose liability extends no further than the fund furnished. A parther whose responsibility i

At common law. Oae formed for the prosecution of a special branch of business, as distinguished from the general business of the parties, or for one particular venture or subject.

A special kind of plea in bar, distinguished by this name from the general issue, and consisting usually of some new affirmative matter, though it may also be in the form of a trav

In English practice. A person whose professional occupation is to give verbal or written opinions upon statements made verbally or in writing, and to draw pleadings, civil or crimi

When the allegations (or "pleadings," as they are called) of the contending parties in an action are not of the general or ordinary form, but are of a more complex or special chara

One which advances new matter. It differs from the general, in this: that the latter denies some material allegation, but never advances new matter. Gould, PI. c. 2, § 38.

In constitutional law. A right, power, franchise, immunity, or privilege granted to, or vested in, a person or class of persons, to the exclusion of others, and in derogation of co

This phrase has been used in the New York and other codes of procedure as a generic term for ali civil remedies which are not ordinary actions. Code Proc. N. Y. § 3.

Property of a qualified, temporary, or limited nature ; as distinguished from absolute, general, or unconditional property. Such is the property of a bailee in the article bailed,

A request actually made, at a particular time and place. This term is used in contradistinction to a general request, which need not state the time when nor place where made. 3 Bou

An engagement or retainer of an attorney or solicitor for a special and designated purpose; as, to prepare and try a particular case. Agnew v. Walden, 84 Ala. 502, 4 South. 672.

Rules granted without any motion in court, or when the motion is only assumed to have been made, and is not actually made, are calied "common" rales; while the rules granted upon m

In Scotch law. That form of service by which the heir is served to the ancestor who was feudally vested in the lands. Bell.

In English law. , A meeting of two or more justices of the peace held for a special purpose, (such as the licensing of alehouses,) either as required by statute or when specially c

One which operates only upon particular persons and private concerns. 1 Bl. Comm. 86. Distinguished from a general or public statute.

authorized by statute. It is limited in amount to two-fifths of the actual capital. It is subject to redemption by the corporation at par after a fixed time. The coi> poration is b

In New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance motions and causes of equitable nafure is called the "

Peculiar or unusual conditions imposed on a party before granting some application to the favor of the court.

A peculiar form of traverse or denial, the design of which, as distinguished from a common traverse, is to explain or qualify the denial, instead of putting it in the direct and ab

Where the machinery of a trust is introduced for the execution of some purpose particularly pointed out, and the trustee is not a mere passive depositary of the estate, but is call

A writing sealed and delivered, containing some agreement. A writing sealed and delivered, which ls given as a security for the payment of a debt, in which such debt is particularl

A debt due or acknowledged to be due by deed or instrument under seal. 2 Bl. Comm. 465.

A special finding of the facte of a case by a jury, leaving to the court the application of the law to the facte thus found. 1 Archb. Pr. K. B. 213; 3 Bl. Comm. 377; Statler v. U.

A clause of warranty inserted in a deed of lands, by which the grantor covenants, for himself and his heirs, to "warrant and forever defend" the title to the same, to the grantee a

1. Coin of the precious metals, of a certain weight and fineness, and bearing the stamp of the government, denoting its value as currency. Trebilcock v. Wilson, 12 Wall. 695, 20 L.

Lat. In the civil law. Form; figure; fashion or shape. A form or shape given to materials. A particular thing; as distinguished from "genus." —Species facti. In Scotch law. The par

In Scotch law. The particular criminni act charged against a person.

Having a certain form or designation; observing a certain form; particular; precise. As to specific "Denial," "Devise," "Legacy," and "Performance," sce those titles.

Lat In the civil law. Literally, a making of form; a giving of form to materials. That mode of acquiring property through which a person, by transforming a thing belonging to anoth

As used in the law relating to patents and in building contracts, the term denotes a particular or detalled statement of the various elements involved. Gilbert v. U. S., 1 Ct. Cl.

A legacy or gift by will of a particular specified thing, as of a horse, a piece of furniture, a term of years, and the like. Mornss v. Garland, 78 Va. 222. In a strict sense, a le

Performance of a contract in the specific form in which it was made, or according to the precise terms agreed upon. This is frequently compelled by a bill in equity filed for the p

A tax imposed as a fixed sum on each article or item of property of a given class or kind, without regard to its value; opposed to ad vaiprem tax.

A sample; a part of something intended to exhibit the kind and quality of the whole, Pcople v. Freeman, 1 Idaho, 322.

It bas often been settled that matters adjudged between others ought not to prejudice those who were not parties. Dig. 42, 1, 63.

In commerce. The act or practice of buying lands, goods, etc., in expectation of a rise of price and of selling them at an advance, as distinguished from a regular trade, in which

See Damages.

Lab Mirror or looking-glass. The title of several of the most ancient law-books or compilations. One of the ancient Icelandic books is styled "Speculum Regale."

An execution which, by the direction of the judge at nisi prius, issues forthwith or on some early day fixed upon by the judge for that purpose after the trial of the action. Brown

In criminal law. As secured by censtitutional guaranties, a speedy trial means a trial conducted according to fixed rules, regulations, and proceedings of law, free from vexatious,

The formation of words by letters; orthography. Incorrect spelling does not vitiate a written instrument lf the intention clearly appears.

A person who by excessive drinking, gaming, idleness or debauchery of any kind shall so spend, waste or lessen his estate as to expose himself or his family to want or suffering or

A term commonly applied to those trusts which are created with a view of providing a fund for the maintenance of another, and at the same time securing it against his improvidence

Oftentimes where the propriety of words is attended to, the true sense is lost Branch, Princ.; 7 Coke, 27.

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.

Lat Hope of surviving. 3 Atk. 762; 2 Kent, Comm. 424.

Hope is the dream of the vigliant. 4 Inst. 203.

The hope of impunity holds out a centinual temptation to crime. 3 Inst. 236.

Lat The hope of recovery or recapture; the chance of retaking property captured at sea, which prevents the captors from acquiring complete ownership of the property until they /hav

4 Inst. 34. A new road, not an old one, often deceives the traveler.

The sealer of the royal writs.

The addition given, in legal proceedings, and in conveyancing, to a woman who never has been married.

Relating to religious or ecclesiastical persons or affairs, as distinguished from "secular" or lay, worldly or business matters. As to spiritual "Corporation," "Courts," and "Lords

In English law. The ecclesiastical courts, or courts Christian. See 3 Bl. Comm. 61.

Those profits which a bishop receives in his ecclesiastical character, as the dues arising from his ordaining and Instituting priests, and snch like, in contradistinction to those

In ecclesiastical law. The tithes of land, etc. Wharton.

These are inflammable liquids producod by distillation, and forming an article of commerce. See Blankenship v. State, 93 Ga. 814, 21 S. E. 130; State v. Munger, 15 Vt. 293; Allred

A charitable foundation; a hospital for diseased people; a hospital. Cowell.

Dividing a single cause of action, claim, or demand into two or more parts, and bringing suit for one of such parts only, intending to reserve the rest for a separate action. The p

In English ecclesiastical law. An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. 3 B

Lat. A spoiler or destroyer. It is a maxim of law, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that everything most to his disadvantage i

A party despoiled [forcibly deprived of possession] ought first of all to be restored. 2 Inst 714; 4 Reeve, Eng. Law, 18.

Lat. In the civil and common law. A thing violently or uuiawfully token from another.