KFLCC Kingdom Law 2nd Ed.

1100

SPECIAL

SPECIFICATION

special provision as to a particular subject matter is to be preferred to general lan guage, which might have governed in the absence of such special provision. L R. 1 C. P 7 546. A writing sealed and de livered, containing some agreement. A writ ing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified. Bac. Abr. "Obligation," A. A specialty is a contract under seal, and is considered by law as entered into with more solemnity, and, consequently, of higher dignity than ordinary simple contracts. Code Ga. 1882, § 2717. —Specialty debt. A debt due or acknowledg ed to be due by deed or instrument under seal. 2 Bl. Comm. 465. SPECIE. 1. Coin of the precious met als, of a certain weight and fineness, and bearing the stamp of the government, de noting its value as currency. Trebilcock v. Wilson, 12 Wall. 695, 20 L. Ed. 460; Walkup v. Houston, 65 N. C. 501; Henry v. Bank of Salina, 5 Hill (N. Y.) 536. 2. When spoken of a contract, the ex pression "performance in specie" means strictly, or according to the exact terms. As applied to things, it signifies individuality or identity. Thus, on a bequest of a specific picture, the legatee would be said to be en titled to the delivery of the picture in specie; i. e., of the very thing. Whether a thing is due in genere or in specie depends, in each case, on the will of the transacting parties. Brown. SPECIES. 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 particu lar criminal act charged against a person. Having a certain form or designation; observing a certain form; par ticular; precise. As to specific "Denial," "Devise," "Leg acy," and "Performance," see 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 trans forming a thing belonging to another, es pecially by working up his materials into a new species, becomes proprietor of the same. Mackeld. Rom. Law, § 271. As used In the la* relating to patents and in building contracts, the term denotes a particular or detailed statement of the various elements involved. SPECIALTY. SPECIFIC. SPECIFICATION SPECIFICATION.

pose, object, person, or class. The opposite of "general." —Special act. 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.—Spe cial case. In English practice. When a trial at nisi prtua appears to the judge to turn on a point of law, the jury may find a general ver dict, subject to the opinion of the court above, upon 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 banc, by the counsel and attor neys 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 banc has decided on the special case; and, according to the result of that decision, the verdict is ulti mately entered either for him or his adversary. Brown.—Special claim. In English law. A claim 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. —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 errors. 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, expira tion of the time within which error might be brought, or the like. To these, the plaintiff in error may either reply or demur.—Special matter. 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 nature of such*matter, thus sparing him the necessity of pleading it specially. 3 Bl. Comm. 306.—Special paper. 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 demur rers, special cases, etc., to be argued are set down. It is distinguished from the new trial paper, peremptory paper, crown paper, revenue paper, etc., according to the practice of the par ticular division. Wharton. As to special "Acceptance," "Administra tion," "Agent," "Allocatur," "Allowances," "Assessment," "Assumpsit," "Bail," "Bailiff," "Bastard," "Benefit," "Calendar," "Charge," "Constable," "Contract," "Count," "Cove nant," "Custom," "Damage," "Demurrer," "Deposit," "Deputy," "Election," "Examin er," "Executor," "Finding," "Guaranty," "Guardian," "Imparlance," "Indorsement," "Indorsement of Writ," "Injunction," "In surance," "Issue," "Jurisdiction," "Jury," "Law," "Legacy," "Letter of Credit," "Li cense," "Lien," "Limitation," "Malice," "Mas ter," "Meeting," "Mortgage," "Motion," "Non Est Factum," "Occupant," "Owner," "Part ner," "Partnership," "Plea," "Pleader," "Pleading," "Power," "Privilege," "Proceed ing," "Property," "Request," "Replication," "Restraint of Trade," "Retainer," "Rule," "Service," "Sessions," "Statute," "Stock," "Tail," "Term," "Terms," "Traverse," "Trust," "Verdict," and "Warranty," see those titles.

Specialise generalilras derogaat. Spe cial words derogate from general words. A