Blacks Law Dict. 1st ed

SFECIAL PLEADING

1113

SPECIAL TRUST

a judge's order in vacation, are termed "spe cial" rules. Brown. The term may also be understood as opposed to "general" rule; in which case it means a particular direction, in a matter of practice, made for the purposes of a particular case. SPECIAL SERVICE. In Scotch law. That form of service by which the heir is served to the ancestor who was feudally vested in the lands. Bell. SPECIAL SESSIONS. 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 requiied by statute or when specially convoked, which can only be convened afternotice to all the other magistrates of the division, to give them an opportunity of attending. Stone, J. Pr. 52, 55. SPECIAL STATUTE. One which op erates only upon particular persons and pri vate concerns. 1 Bl. Comm. 86. Distin guished from a general or public statute. See SPECIAL ACT. SPECIAL TAIL. Where an estate tail is limited to the children of two given par ents, as to A. and the heirs of his body by B., his wife. 1 Steph. Comm. 244. SPECIAL TERM. In New York prac tice, 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 nature is called the "special term," as opposed to the "general term," held by three judges (usually) to hear appeals. Ab bott. SPECIAL TERMS. Peculiar or unusual conditions imposed on a party before grant ing some application to the favor of the court. SPECIAL TRAVERSE. In pleading. A peculiar form of traverse or denial, the de sign of which, as distinguished from a com mon traverse, is to explain or qualify the de nial, instead of putting it in the direct and absolute form. It consists of an affirmative and a negative part, the first setting forth the new affirmative matter tending to explain or qualify the denial, and technically called the "inducement," and the latter constitut ing the direct denial itself, and technically called the " absque hoc. " Steph. PI. 169-180. SPECIAL TRUST. Where the machin ery of a trust is introduced for the execution of some purpose particularly pointed out.

issue. These terms have given rise to the popular denomination of that science which, though properly called "pleading," is gener ally known by the name of "special plead ing. " Brown. The allegation of special or new matter in opposition or explanation of the last previous averments on the other side, as distinguished from a direct denial of matter previously al leged by the opposite party. Gould, PL c. 1, §18. In popular language, the adroit and plausi ble advocacy of a client's case in court. Stimson, Law Gloss. SPECIAL PBIVILEGE. In constitu tional law. A right, power, franchise, im munity, or privilege granted to, or vested in, a person or class of persons, to the exclu sion of others, and in derogation of common right. See 1 Dak. 118; 1 Utah, 108. SPECIAL PROCEEDING. This phrase has been used in the NewYoikand other codes of procedure as a generic term for all civil remedies which are not ordinary actions. Code Proc. N. Y. § 3. SPECIAL PROPERTY. Property of a qualified, temporary, or limited nature; as distinguished from absolute, general, or un conditional property. Such is the property of a bailee in the article bailed, of a sheriff in goods temporarily in his hands under a levy, of the finder of lost goods while looking for the owner, of a person in wild animals which he has caught. SPECIAL REQUEST. A request act ually 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 Bouv Inst. no. 2843. SPECIAL RESTRAINT OF TRADE. One which forbids the person to employ his talents, capital, or industry in a designated trade or business, either for a limited time or within a prescribed area or district. SPECIAL RETAINER. An engage ment or retainer of an attorney or solicitor for a special and designated purpose; as, to prepare and try a particular case. SPECIAL RULE. Rules granted with out any motion in court, or when the motion is only assumed to have been made, and is not actually made, are called "common" rules; while the rules granted upon motion actually made to the court in term, or upon

Archive CD Books USA