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| This dictionary contains: 8526 juridical terms |
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Special traverse
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Special traversePleading. A technical special traverse begins in most cases, with the words absque hoc, (without this,) which words in pleading form a technical form of negation.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Technical
That which properly belongs to an art.
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
Traverse
1) Criminal law, practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial. 2) Pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings;
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Negation
Denial. Two negations are construed to mean one affirmation.
SIMILAR TERMS--------------------------------------
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
Special agent
A special agent is one 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 his authority, and he cannot bind his principal beyond what he is authorized to do.
Special agricultural workers
(SAW). Aliens who performed labor in perishable agricultural commodities for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status.
Special assumpsit
Practice. Where an action of assumpsit has been brought on a special contract, and the plaintiff declares upon it, setting out its particular language, or its legal effect. It is distinguished from a general assumpsit, where the plaintiff, instead of setting out the particular language, or effect of the original contract, declares as for a debt, arising out of the execution of the contract, where that constitutes the debt.
Special bail
A person who becomes specially bound to answer for the appearance of another; the recoguizance or act by which such person thus becomes bound, is also called special bail.
Special compensation
Compensation payable under art. 14 of the International Convention on Salvage, 1989, adopted at London, April 28, 1989 (the Salvage Convention 1989 (supra), in respect of salvage operations carried out in respect of a vessel which by itself or its cargo threatened damage to the environment. This special compensation covers the salvor's expenses, defined at art. 14(3) as "the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j)." Special compensation is only payable if the salvor failed to earn a salvage reward under art. 13 of the Convention at least equivalent to special compensation as defined. It is payable, however, regardless of whether or not the salvor succeeded in salving any of the ship or cargo.
Special constable
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.
Special damages
Torts. Special damages are such as are in fact sustained, and are not implied by law; these are either superadded to general damages, arising from an act injurious in itself, as when some particular loss arises.
Special demurrer
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 exception.
Special deposit
A deposit made of a particular thing with the depositary: it is distinguished from an irregular deposit.
Special errors
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 error may reply or demur.
Special immigrants
Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the U.S. Armed Forces, their spouses and children.
Special imparlance
Pleading. One which contains the clause, "saving to himself all advantages and exceptions, as well to the writ, as to the declaration aforesaid."
Special injunction
One obtained only on motion and petition, with notice to the other party, and is applied for, sometimes on affidavit before answer, but more frequently upon merits disclosed in the defendant's answer.
Special issue
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 whicli traverses or denies the whole declaration or indictment.
Special jury
One selected in a particular way by the parties. A pannel is made out, and each party is entitled to strike from it the names of a certain number of jurors, as provided for by the local statutes, and from those who remain, the jury in that case must be selected. This is also called a struck jury.
Special legislative rights
Rights which governments in most countries of the world have given themselves by national legislation to detain, seize and sell ships, and (often) to be preferred to other creditors on the proceeds of sale, in respect of claims for harbour, dock and canal dues; wreck removal; or pollution. Special legislative rights also increasingly include a governmental power of forfeiture of ships and/or other property for offences against national legislation on matters such as drug trafficking, fisheries control, customs, immigration, the arms trade and piracy.
Special naturalization provisions
Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file his or her naturalization application in any district instead of where he/she resides; and 3) children of U.S. citizen parents to be naturalized without meeting certain requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad.
Special non est factum
The name of a plea by which the defendant says that the deed which he has executed is not his own or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it has been delivered without the performance of the condition, he may plead non est factum, state the fact, of the conditional delivery, the non-performance of the condition, and add, "and so it is not his deed;" or if the defendant be a feme covert, she may plead non est factum, that she was a feme covert at the time the deed was made, "and so it is not her deed."
Special occupant
Estates. 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 will succeed, and is called a special occupant.
Special partnership
Special or limited partnerships are of two kinds; 1) Those at common law. 2) Limited partnerships, or those in commendam.
Special plea in bar
One which advances new matter. It differs from the general in this, that the latter denies some material allegation, but never advances new matter.
Special pleader
English practice. A special pleader is 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 pleadings, civil or criminal, and such practical proceedings as may be out of the general course.
Special pleading
The allegartion of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Special pleding
By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Special property
This term is used as synonymous with qualified or limited property. It is that property which is not perfect in the hands of the possessor, but his right is qualified or limited; as, where a person is possessed of an animal ferae naturae, he has a property in such animal, but this is not a general right, for if the animal should escape, and be taken by another person, the latter only would have a special property in it.
Special request
One 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
Special resolution
In relation to a company, a resolution passed by a majority of not less than three-fourths of such members as, being entitled to do so, vote in person or where proxies are allowed, by proxy at a general meeting of which not less than 21 days` notice, specifying the intention to propose the resolution as a special resolution has been duly given. Special resolutions are required to alter the Articles of Association of the company; to alter the objects of the company; to change the name of the company; and to reduce the capital of the company with the leave of the court. A copy of every special resolution must within 15 days after it has been passed be forwarded to the Registrar of Companies and recorded by him.
Special rule
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 common rule, or rule of course.
Special trust
A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed out, and is not, as in the case of a simple trust, a mere passive depositary of the estate, but is required to exert himself actively in the execution of the settler's intention; as, where a conveyance is made to trustees upon trust to reconvey, or to sell for the payment of debts.
Special verdict
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.
Special Visit (prison)
In the US penitentiary jargon, a visit granted when there is a special need which cannot be satisfied through normal procedures.
Specialty
Contracts. A writing sealed aud delivered, containing some agreement. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified.
Specie
Metallic money issued by public authority.
Specific legacy
A bequest of a particular thing.
Specific performance
remedies. The actual accomplishment of a contract by the party bound to fulfil it.
Specification
1) Civil law. A term used in the civil law, by which is meant a person's making a new species or subject from materials belonging to another. 2) Practice, contracts. A particular and detailed account of a thing: example, in order to obtain a patent for an invention, it is necessary to file a specification or an instrument of writing, which must lay open and disclose to the public every part of the process by which the invention can be made useful if the specification does not contain the whole truth relative to the discovery, or contains more than is requisite to produce the desired effect, and the concealment or addition was made for the purpose of deception, the patent would be void; for if the specification were insufficient on account of its want of clearness, exactitude or good faith, it would be a fraud on society that the patentee should obtain a monopoly without giving up his invention.
Specimen
A sample; a part of something by which the other may be known.
Speculation
Contracts. The hope or desire of making a profit by the purchase and resale of a thing. The profit so made; as, be made a good speculation.
PREVIOUS AND NEXT TERMS--------------------------------------
Special pleding
By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Special property
This term is used as synonymous with qualified or limited property. It is that property which is not perfect in the hands of the possessor, but his right is qualified or limited; as, where a person is possessed of an animal ferae naturae, he has a property in such animal, but this is not a general right, for if the animal should escape, and be taken by another person, the latter only would have a special property in it.
Special request
One 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
Special resolution
In relation to a company, a resolution passed by a majority of not less than three-fourths of such members as, being entitled to do so, vote in person or where proxies are allowed, by proxy at a general meeting of which not less than 21 days` notice, specifying the intention to propose the resolution as a special resolution has been duly given. Special resolutions are required to alter the Articles of Association of the company; to alter the objects of the company; to change the name of the company; and to reduce the capital of the company with the leave of the court. A copy of every special resolution must within 15 days after it has been passed be forwarded to the Registrar of Companies and recorded by him.
Special rule
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 common rule, or rule of course.
Special traverse
Special trust
A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed out, and is not, as in the case of a simple trust, a mere passive depositary of the estate, but is required to exert himself actively in the execution of the settler's intention; as, where a conveyance is made to trustees upon trust to reconvey, or to sell for the payment of debts.
Special verdict
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.
Specialty
Contracts. A writing sealed aud delivered, containing some agreement. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified.
Specie
Metallic money issued by public authority.
Specific legacy
A bequest of a particular thing.
RELATED TERMS--------------------------------------
Pleading
Practice. The statement in a logical, and legal form, of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence; it is the formal mode of alleging that on the record, which would be the support, or the defence of the party in evidence.
Technical
That which properly belongs to an art.
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
Traverse
1) Criminal law, practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an indictment for a misdemeanor, and means nothing more than turning over or putting off the trial to a following sessions or assize; it has, perhaps with more propriety, been applied to the denying or taking issue upon an indictment, without reference to the delay of trial. 2) Pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in the declaration, plea, replication or other pleadings;
Cases
General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice.
Negation
Denial. Two negations are construed to mean one affirmation.
SIMILAR TERMS--------------------------------------
Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.
Special agent
A special agent is one 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 his authority, and he cannot bind his principal beyond what he is authorized to do.
Special agricultural workers
(SAW). Aliens who performed labor in perishable agricultural commodities for a specified period of time and were admitted for temporary and then permanent residence under a provision of the Immigration Reform and Control Act of 1986. Up to 350,000 aliens who worked at least 90 days in each of the 3 years preceding May 1, 1986 were eligible for Group I temporary resident status.
Special assumpsit
Practice. Where an action of assumpsit has been brought on a special contract, and the plaintiff declares upon it, setting out its particular language, or its legal effect. It is distinguished from a general assumpsit, where the plaintiff, instead of setting out the particular language, or effect of the original contract, declares as for a debt, arising out of the execution of the contract, where that constitutes the debt.
Special bail
A person who becomes specially bound to answer for the appearance of another; the recoguizance or act by which such person thus becomes bound, is also called special bail.
Special compensation
Compensation payable under art. 14 of the International Convention on Salvage, 1989, adopted at London, April 28, 1989 (the Salvage Convention 1989 (supra), in respect of salvage operations carried out in respect of a vessel which by itself or its cargo threatened damage to the environment. This special compensation covers the salvor's expenses, defined at art. 14(3) as "the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j)." Special compensation is only payable if the salvor failed to earn a salvage reward under art. 13 of the Convention at least equivalent to special compensation as defined. It is payable, however, regardless of whether or not the salvor succeeded in salving any of the ship or cargo.
Special constable
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.
Special damages
Torts. Special damages are such as are in fact sustained, and are not implied by law; these are either superadded to general damages, arising from an act injurious in itself, as when some particular loss arises.
Special demurrer
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 exception.
Special deposit
A deposit made of a particular thing with the depositary: it is distinguished from an irregular deposit.
Special errors
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 error may reply or demur.
Special immigrants
Certain categories of immigrants who were exempt from numerical limitation before fiscal year 1992 and subject to limitation under the employment-based fourth preference beginning in 1992; persons who lost citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; ministers of religion and other religious workers, their spouses and children; certain employees and former employees of the U.S. Government abroad, their spouses and children; Panama Canal Act immigrants; certain foreign medical school graduates, their spouses and children; certain retired employees of international organizations, their spouses and children; juvenile court dependents; and certain aliens serving in the U.S. Armed Forces, their spouses and children.
Special imparlance
Pleading. One which contains the clause, "saving to himself all advantages and exceptions, as well to the writ, as to the declaration aforesaid."
Special injunction
One obtained only on motion and petition, with notice to the other party, and is applied for, sometimes on affidavit before answer, but more frequently upon merits disclosed in the defendant's answer.
Special issue
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 whicli traverses or denies the whole declaration or indictment.
Special jury
One selected in a particular way by the parties. A pannel is made out, and each party is entitled to strike from it the names of a certain number of jurors, as provided for by the local statutes, and from those who remain, the jury in that case must be selected. This is also called a struck jury.
Special legislative rights
Rights which governments in most countries of the world have given themselves by national legislation to detain, seize and sell ships, and (often) to be preferred to other creditors on the proceeds of sale, in respect of claims for harbour, dock and canal dues; wreck removal; or pollution. Special legislative rights also increasingly include a governmental power of forfeiture of ships and/or other property for offences against national legislation on matters such as drug trafficking, fisheries control, customs, immigration, the arms trade and piracy.
Special naturalization provisions
Provisions covering special classes of persons whom may be naturalized even though they do not meet all the general requirements for naturalization. Such special provisions allow: 1) wives or husbands of U.S. citizens to file for naturalization after three years of lawful permanent residence instead of the prescribed five years; 2) a surviving spouse of a U.S. citizen who served in the armed forces to file his or her naturalization application in any district instead of where he/she resides; and 3) children of U.S. citizen parents to be naturalized without meeting certain requirements or taking the oath, if too young to understand the meaning. Other classes of persons who may qualify for special consideration are former U.S. citizens, servicemen, seamen, and employees of organizations promoting U.S. interests abroad.
Special non est factum
The name of a plea by which the defendant says that the deed which he has executed is not his own or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it has been delivered without the performance of the condition, he may plead non est factum, state the fact, of the conditional delivery, the non-performance of the condition, and add, "and so it is not his deed;" or if the defendant be a feme covert, she may plead non est factum, that she was a feme covert at the time the deed was made, "and so it is not her deed."
Special occupant
Estates. 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 will succeed, and is called a special occupant.
Special partnership
Special or limited partnerships are of two kinds; 1) Those at common law. 2) Limited partnerships, or those in commendam.
Special plea in bar
One which advances new matter. It differs from the general in this, that the latter denies some material allegation, but never advances new matter.
Special pleader
English practice. A special pleader is 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 pleadings, civil or criminal, and such practical proceedings as may be out of the general course.
Special pleading
The allegartion of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Special pleding
By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Special property
This term is used as synonymous with qualified or limited property. It is that property which is not perfect in the hands of the possessor, but his right is qualified or limited; as, where a person is possessed of an animal ferae naturae, he has a property in such animal, but this is not a general right, for if the animal should escape, and be taken by another person, the latter only would have a special property in it.
Special request
One 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
Special resolution
In relation to a company, a resolution passed by a majority of not less than three-fourths of such members as, being entitled to do so, vote in person or where proxies are allowed, by proxy at a general meeting of which not less than 21 days` notice, specifying the intention to propose the resolution as a special resolution has been duly given. Special resolutions are required to alter the Articles of Association of the company; to alter the objects of the company; to change the name of the company; and to reduce the capital of the company with the leave of the court. A copy of every special resolution must within 15 days after it has been passed be forwarded to the Registrar of Companies and recorded by him.
Special rule
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 common rule, or rule of course.
Special trust
A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed out, and is not, as in the case of a simple trust, a mere passive depositary of the estate, but is required to exert himself actively in the execution of the settler's intention; as, where a conveyance is made to trustees upon trust to reconvey, or to sell for the payment of debts.
Special verdict
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.
Special Visit (prison)
In the US penitentiary jargon, a visit granted when there is a special need which cannot be satisfied through normal procedures.
Specialty
Contracts. A writing sealed aud delivered, containing some agreement. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified.
Specie
Metallic money issued by public authority.
Specific legacy
A bequest of a particular thing.
Specific performance
remedies. The actual accomplishment of a contract by the party bound to fulfil it.
Specification
1) Civil law. A term used in the civil law, by which is meant a person's making a new species or subject from materials belonging to another. 2) Practice, contracts. A particular and detailed account of a thing: example, in order to obtain a patent for an invention, it is necessary to file a specification or an instrument of writing, which must lay open and disclose to the public every part of the process by which the invention can be made useful if the specification does not contain the whole truth relative to the discovery, or contains more than is requisite to produce the desired effect, and the concealment or addition was made for the purpose of deception, the patent would be void; for if the specification were insufficient on account of its want of clearness, exactitude or good faith, it would be a fraud on society that the patentee should obtain a monopoly without giving up his invention.
Specimen
A sample; a part of something by which the other may be known.
Speculation
Contracts. The hope or desire of making a profit by the purchase and resale of a thing. The profit so made; as, be made a good speculation.
PREVIOUS AND NEXT TERMS--------------------------------------
Special pleding
By special pleading is meant the allegation of special or new matter, as distinguished from a direct denial of matter previously alleged on the opposite side.
Special property
This term is used as synonymous with qualified or limited property. It is that property which is not perfect in the hands of the possessor, but his right is qualified or limited; as, where a person is possessed of an animal ferae naturae, he has a property in such animal, but this is not a general right, for if the animal should escape, and be taken by another person, the latter only would have a special property in it.
Special request
One 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
Special resolution
In relation to a company, a resolution passed by a majority of not less than three-fourths of such members as, being entitled to do so, vote in person or where proxies are allowed, by proxy at a general meeting of which not less than 21 days` notice, specifying the intention to propose the resolution as a special resolution has been duly given. Special resolutions are required to alter the Articles of Association of the company; to alter the objects of the company; to change the name of the company; and to reduce the capital of the company with the leave of the court. A copy of every special resolution must within 15 days after it has been passed be forwarded to the Registrar of Companies and recorded by him.
Special rule
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 common rule, or rule of course.
Special traverse
Special trust
A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed out, and is not, as in the case of a simple trust, a mere passive depositary of the estate, but is required to exert himself actively in the execution of the settler's intention; as, where a conveyance is made to trustees upon trust to reconvey, or to sell for the payment of debts.
Special verdict
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.
Specialty
Contracts. A writing sealed aud delivered, containing some agreement. In a more confined meaning, it signifies a writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified.
Specie
Metallic money issued by public authority.
Specific legacy
A bequest of a particular thing.
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