The Cyclopedic Law Dictionary

That state of a man's mind which is adequate to reason, and comes to a judgment upon ordinary subjects like other rational men.

In Louisiana. An act or contract evidenced by writing under, the private signature of the parties to it. The term is used in opposition to the "authentic act," which is an agreemen

The produce of the taxes appropriated to pay the interest of such part of the English national debt as was advanced by the South Sea Company and its annuitants. The holders of Sout

The union and exercise of all human power possessed in a state. It is a combination of all power; it is the power to do everything in a state without accountability, — to make laws

In old English law. To he leviable. An old exchequer term applied to sheriff's returns. "Estreats that sowne not" were such as could not be collected. 4 Inst. 107; Cowell; Spelman.

A court for the speedy execution of justice upon military delinquents..Cowell.

In pleading. One which alleges new matter in addition to that contained in the bill as a cause for demurrer. 4 Brown, Ch. 254; 2 Ves. Jr. 83; 4 Paige, Ch. (N. Y.) 374.

That which relates to a particular species or kind, or is confined to a particular person, object or class, opposed to general; as, special verdict and general verdict; special Imp

A qualified acceptance of a bill of exchange, as by stipulating for payment at a certain time or place.

See "Administration."

An agent whose authority is confined to a particular or an individual instance. It is a general rule that he who is invested with a special authority must act within the bounds of

In taxing the costs of an action as between party and party, the taxing officer is, in certain cases, empowered to make special allowances; i. e., to allow the party costs which th

See "Appearance."

A species of taxation to pay for local improvements for public purposes upon real property, which recognizes the general public interest, but rests upon the theory that such proper

In practice. An action of assumpsit brought on a special contract, which the plaintiff declares upon, It is distinguished from a general assumpsit, where the plaintiff, instead ot

See "Bail."

One born of parents before marriage, the parents afterwards intermarrying. See "Bastard."

Any benefits not conjectural or speculative, which result to the market value of property as a result of an improvement are special benefits. 267 111. 124.

The name given in English practice to an agreed statement of facts, on which a cause is submitted to the court without trial. Also the statement of facts on which a point reserved

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

A person appointed and sworn as a constable in an emergency to augment the constabulary, or to serve during disability or disqualification of the constable.

A specialty.

A statement of the facts of the particular case, as opposed to the common counts (g. v.)

A local custom. See "Custom."

The damages recoverable for the actual injury incurred through the peculiar circumstance of the individual case, above and beyond those presumed by law from the general nature of t

In pleading. One which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically the nature of the objection and the particular ground of the excepti

A deposit made of a In Banking Law. A deposit which is to be returned in specie.

An election specially called for an emergency, as opposed to general election (q. v.)

Special pleas in error are those which assign for error matters in confession and avoidance, as a release of errors, the act of limitations, and the like, to which the plaintiff in

An examiner in chancery appointed to take evidence in a particular suit.

A special execution is process upon which a sale of property is had which has already been levied upon by writ of attachment and is in the custody of the law. 198 111. 494.

A finding by the jury of a particular ultimate fact material to the issue.

See "Guaranty."

A guardian of limited or temporary power in respect of his ward, or of his ward's estate. A guardian of a particular fund, appointed because of the general guardian's adverse inter

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

In pleading, Aji imparlance which contains the clause, "saving to himself all advantages and exceptions, as well to the writ as to the declaration aforesaid." 2 Chit. PI. 407, 408.

An indorsement of a note or bill, naming the indorsee.

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

In pleading. A plea to the action which denies some particular material allegation, which is in effect a denial of the entire right of action. It differs from the general issue, wh

One selected in a particular way by the parties. See "Jury."

A particular lien. See "Lien."

A qualification serving to make 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, otherwise

Express malice. See "Malice."

Matter of special defense admitted under the genera,l issue by a relaxation of the common-law rules of pleading. 3 Bl. Comm. 306. See "Special Plea."

A meeting called for and limited to the transaction of a specified business. Applied to corporate meetings, including meetings of municipal councils or assembles.

A special motion is 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. 173 Mich. 1

The name of a plea by which the defendant says that the deed which he has executed is not hia own, or binding upon him, because of some circumstance which shows that it was not int

When an estate Is granted to a man and his heirs during the life of cestui que vie, and the grantee die without alienation, and while the life for which he held continues, the heir

One who has been appointed a constable for a particular occasion, as in the case of an actual tumult or a riot, or for the purpose of serving a particular process.

One having a special property. See "Property."

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

See "Partnership.''

A plea which alleged matter to distinguish away or palliate the charge in the declaration. They were various, limitations and estoppel being examples of matters so to be pleaded.

In English practice. A lawyer whose professional occupation is to give verbal or written opinions upon statements submitted to him, either in writing or verbally, and to draw plead

The science of pleading. The allegation of special or new matter to avoid the effect of the previous allegations of the opposite party, as distinguished from a direct denial of mat

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.

A phrase used in the codes of procedure to denote all proceedings other than actions; generally, any proceeding in a court which was not under the common law and equity practice ei

That property in a thing which gives a qualified or limited right. See "Property."

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 B

See "Restraint of Trade."

A rule or order of court made in a particular case, for a particular purpose. It is distinguished from a "general rule," which applies to a class of cases. It differs also from a "

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

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 co

A private statute. See "Statute."

Where an estate tail is limited to the children of two given parents, as to "A. and the heirs of his body by B., his wife." 1 Steph. Comm. 244.

A term of court called for a special occasion, as distinguished from the regular terms held at times appointed by law.

See "Traverse."

A special trust is one where a trustee is interposed for the executrust, a mere passive depositary of the estate, but is required to exert himself actively in the execution of the

A writing sealed and delivered, containing some agreement. 2 Serg. & R. (Pa.) 503; Willes, 189; 1 P. Wms. 130; 10 Ga. 167. A writing sealed and delivered, which Is given as a secur

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

In practice. A special verdict is one by which the facts of the case are put on the record, and the law is submitted to the judges, as where the jury instead of finding for either

Metallic money issued by public authority. This term is used in contradistinction to "paper money," which in some countries is emitted by the government, and is a mere engagement w

Having a certain form or designation; observing a certain form; particular; precise. Burrill.

A particular and detailed account of a thing. For example, in order to obtain a patent for an invention, it is necessary to file a specification or an instrument of writing, which

Devises of lands particularly specified in the terms of the devise, as opposed to general and residuary devises of land, in which the local or other particular descriptions are not

A bequest of a particular thing, so described that it may be identified. The description may be such as to distinguish a particular article among several of the class owned by test

The actual accomplishment of a contract by the party bound to fulfill it. An equitable remedy to compel the precise or substantial performance of a contract. The right to the remed

To mention specifically or explicitly, to state in full or explicit terms or explicitly and in detail, name expressly, distinctly and particularly. 145 Iowa 424, 431.

A sample; a part of something by which the other may be known. Act Cong. July 4, 1836, § 6, requires the inventor or discoverer of an invention or discovery to accompany his petiti

The hope or desire of making a profit by the purchase and resale of a thing. Pardessus, Dr. Com. note 12. The profit so made; as, he made a good speculation.

See "Damages." SPECULUM (Lat.) 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 Re

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. Brow

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 sufferin

A trust created for the purpose of providing for the maintenance of a person, and at the same time putting the property from which such maintenance is derived beyond the reach of t

An addition given, in legal writings, to a woman who never was married. Lovelace, Wills, 269.

Corporations, the members of which are entirely spiritual persons, and incorporated as such, for the furtherance of religion, and perpetuating the rights of the church. They are of

A belief in the power of departed spirits to communicate with the living by means of mediums. 160 111. App. 642.

The tithes of land, etc.

These are Intoxicating liquids produced by distillation, and forming an article of commerce. 1 Exch. 281. The term does not include fermented liquors. 5 Blackf. (Ind.) 118.

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

A fence erected maliciously and with no other purpose thaii to shut out the light and air from a neighbor's window. Such a fence is a nuisance, for no man has a right to build and

The bringing an action for only a part of the cause of action. This is not permitted either at law or in equity. 4 Bouv. Inst, note 4167.

In English Ecclesiastical Law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. Fitzh. Nat. Brev. 85. A waste o

In the civil and common law. A thing violently or unlawfully taken from another. 1 Mackeld. Civ. Law, 261, note. SPONDEO (Lat.) In the civil law. I undertake; I engage. Inst. 3. 16

He promises to use the skill of his art. Poth. de Contr. du Louage, note 425; Jones, Bailm. 22, 53, 62, 97, 120; Domat, liv. 1, tit. 4, § 8, note 1; 1 Story, Bailm. § 431; 1 Bell,

or STIPULATIO SPONSAlitia (Lat.) A promise lawfully made between persons capable of marrying each other, that at some future time they will marry. See "Espousals;" Ersk. Inst. 1. 6

The feigned issue of the Romans. See "Feigned Issue." SPONSIO (Lat.) In the civil law. An engagement or undertaking; particularly such as was made in the form of an answer to a for

In international law. Agreements or engagements made by certain public officers, as generals or admirals, in time of war, either without authority or by exceeding the limits of aut

In civil law. He who intervenes for another voluntarily and without being requested. The engagement which he enters into is only accessory to the principal. See Dig. 17. 1. 18; Nov

A free gift or present to the crown. SPONTE VIRUM FUGIENS MULIER ET adultera facta, doti sua careat, nisi sponte retracta. A woman leaving her husband of her own accord, and commit