SPECIAL

Relating to or designating a species, kind, or sort; designed for a particular purpose; confined to a particular purpose, 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. Special 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 verdict, 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 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 banc has decided on the special case; and, according to the result of that decision, the verdict is ultimately 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, expiration 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 demurrers, 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 particular division. Wharton. As to special “Acceptance,” “Administration,” “Agent,” “Allocatur,” “Allowances,” “Assessment,” “Assumpsit,” “Bail,” “Bailiff,” “Bastard,” “Benefit,” “Calendar,” “Charge,” “Constable,” “Contract,” “Count,” “Covenant,” “Custom,” “Damage,” “Demurrer,” “Deposit,” “Deputy,” “Election,” “Examiner,” “Executor,” “Finding,” “Guaranty,” “Guardian,” “Imparlance,” “Indorsement,” “Indorsement of Writ,” “Injunction,” “Insurance,” “Issue,” “Jurisdiction,” “Jury,” “Law,” “Legacy,” “Letter of Credit,” “License,” “Lien,” “Limitation,” “Malice,” “Master,” “Meeting,” “Mortgage,” “Motion,” “Non Est Factum,” “Occupant,” “Owner,” “Partner,” “Partnership,” “Plea,” “Pleader,” “Pleading,” “Power,” “Privilege,” “Proceeding,” “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. 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 such special provision. L R. 1 C. P7 546.