Blacks Law Dict. 1st ed

1110

SPECIAL BASTAED

SPECIAL ELECTION

SPECIAL BASTARD. One born of parents before marriage, the parents after wards intermarrying. By the civil and Scotch law he would be then legitimated. SPECIAL CALENDAR, DOCKET, OR PAPER. A calendar or list of causes, containing those set down specially for hear ing, trial, or argument. SPECIAL CASE. In English practice. When a trial at nisi prius appears to the judge to turn on a point of law, the jury may find a general verdict, subject to the opinion of the court above, u pon what is termed a "special case" to be made; that is, upon a written statement of all the facts of the case drawn up for the opinion of the court in bane, by the counsel and attorneys on either side, under correction of the judge at nisi prius. The party for whom the general verdict is so given is in such case not entitled to judgment till the court in bane has de cided on the special case; and, according to the result of that decision, the verdict is ultimately entered either for him oc his ad versary. Brown. SPECIAL CHARGE. In practice 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 instruction. SPECIAL CLAIM. 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 COMMISSION. 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 and punished. Wharton. SPECIAL CONSTABLE. One who has been appointed and sworn in as a constable only for some special occasion; as, to assist in quelling an apprehended or existing riot. SPECIAL CONTRACT. A contract under seal; a specialty; as distinguished from one merely oral or in writing not sealed. But in common usage this term is often used to denote an express or explicit contract, one which clearly defines and set tles the reciprocal rights and obligations of the parties, as distinguished from one which must be made out, and its terms ascer

tained, by the inference of the law from the nature and circumstances of the transac tion. SPECIAL COUNT. As opposed to the common counts, in pleading, a special count is a statement of the actual facts of the particular case. SPECIAL COVENANT. In real prop erty law, covenants are divided into gen eral and special; the former relating to land generally, and placing the covenantee in the position of a specialty creditor only; the latter relating to particular lands, and giv ing the covenantee a lien thereon. Brown. SPECIAL CUSTOM. 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 district or locality. 1 Bl. Comm. 67; 23 Me. 95. SPECIAL DAMAGE. The damages which a plaintiff seeks to recover are either general or special. General damages are such as the law implies or presumes to have resulted from the wrong complained of. Special damages are such as really and in fact resulted, but are not implied by law, and are either superadded to general dam ages arising from an act injurious in itself or are such as arise from an act indifferent and not actionable in itself, but injurious only in its consequences. Brown. Special damage, as contradistinguished from general damage, is that which is the natural, but not the necessary, consequence of the act com plained of. 6 Wall. 578. SPECIAL DEMURRER. One which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically the nature of the objection, and the partic ular ground of the exception. 3 Bouv. Inst. no. 3022. S P E C I A L DEPOSIT. A deposit In which the identical thing deposited is to be returned to the depositor. Distinguished from an irregular deposit. SPECIAL DEPUTY. One constituted or appointed, not to perform the general duties of the officer whose deputy he is, but for the specific purpose of doing some one or more acts in the place and stead of such officer. SPECIAL ELECTION. An election for a particular emergency; out of the reg ular course; as one held to fill a vacancy

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