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Specification
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Specification1) 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.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Materials
Everything of which anything is made.
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Example
An example is a case put to illustrate a. principle.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Patent
1) Constrction. That which is open or manifest. 2) Contracts. A patent for an invention is a giant made by the government of the United States to the inventor of any new or useful art, machine, manufacture or composition of matter, or any new and useful improvement in any art, machine, manufacture or composition of matter not known or used by others before his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer; securing to him for a limited time, therein expressed, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery, on certain conditions, among which is the one of at once giving up his secret and making public his discovery or invention, and the manner of making and using the same, so that at the expiration of his privilege, it may become public property.
Invention
A contrivance; a discovery. It is in this sense this word is used in the patent laws of the United States. It signifies not something which has been found ready made, but something which, in consequence of art or accident, has been formed; for the invention must relate of some new or useful art, machine, manufacture, or composition of matter, not before known or used by others. By invention, the civilians understand the finding of some things which had not been lost; they must either have abandoned, or they must have never belonged to any one, as a pearl found on the sea shore.
File
To personally deliver a document to a clerk of a court so that the document can be included in the official records of a case.
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.
Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Useful
That which may be put into beneficial practice.
Truth
The actual state of things.
Relative
One connected with another by blood or affinity; a relation, a kinsman or kinswoman. In an adjective sense, having relation or connexion with some other person or thing; as relative rights, relative powers.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Void
Invalid; a void agreement is one for which there is no remedy.
Were
The name of a fine among the Saxons imposed upon a murderer
Faith
Probity; good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to the acts of a magistrate while acting within his jurisdiction.
Fraud
Contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law.
Society
A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose.
Patentee
He to whom a patent has been granted. The term is usually applied to one who has obtained letters-patent for a new invention.
Monopoly
Commercial law. This word has various significations. 1). It is the abuse of free commerce by which one or more individuals have procured the advantage of selling alone all of a particular kind of merchandise, to the detriment of the public.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
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 traverse
Pleading. 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.
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.
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 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.
Specific performance
remedies. The actual accomplishment of a contract by the party bound to fulfil it.
Specification
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.
Speech
A formal discourse in public.
Spelling
The art of putting the proper letters in words.
Spendthrift
Spendthrift is defined to be a person who by excessive drinking) gaming, idleness or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering, or expose the town to charge or expense, for support of himself or family.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Subject
1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
Materials
Everything of which anything is made.
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Account
Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them.
Example
An example is a case put to illustrate a. principle.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Patent
1) Constrction. That which is open or manifest. 2) Contracts. A patent for an invention is a giant made by the government of the United States to the inventor of any new or useful art, machine, manufacture or composition of matter, or any new and useful improvement in any art, machine, manufacture or composition of matter not known or used by others before his or their discovery or invention thereof, and not, at the time of his application for a patent, in public use or on sale, with his consent or allowance, as the inventor or discoverer; securing to him for a limited time, therein expressed, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery, on certain conditions, among which is the one of at once giving up his secret and making public his discovery or invention, and the manner of making and using the same, so that at the expiration of his privilege, it may become public property.
Invention
A contrivance; a discovery. It is in this sense this word is used in the patent laws of the United States. It signifies not something which has been found ready made, but something which, in consequence of art or accident, has been formed; for the invention must relate of some new or useful art, machine, manufacture, or composition of matter, not before known or used by others. By invention, the civilians understand the finding of some things which had not been lost; they must either have abandoned, or they must have never belonged to any one, as a pearl found on the sea shore.
File
To personally deliver a document to a clerk of a court so that the document can be included in the official records of a case.
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.
Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.
Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.
Useful
That which may be put into beneficial practice.
Truth
The actual state of things.
Relative
One connected with another by blood or affinity; a relation, a kinsman or kinswoman. In an adjective sense, having relation or connexion with some other person or thing; as relative rights, relative powers.
Discovery
1) International law. The act of finding an unknown country. 2) Practice, pleading. The act of disclosing or revealing by a defendant, in his answer to a bill filed against him in a court of equity. 3) Rights. The patent laws of the United States use this word as synonymous with invention or improvement of July 4, 1836.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Void
Invalid; a void agreement is one for which there is no remedy.
Were
The name of a fine among the Saxons imposed upon a murderer
Faith
Probity; good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to the acts of a magistrate while acting within his jurisdiction.
Fraud
Contracts, torts. Any trick or artifice employed by one person to induce another to fall into an error, or to detain him in it, so that he may make an agreement contrary to his interest. The fraud may consist either, first, in the misrepresentation, or, secondly, in the concealment of a material fact. Fraud, force and vexation, are odious in law.
Society
A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose.
Patentee
He to whom a patent has been granted. The term is usually applied to one who has obtained letters-patent for a new invention.
Monopoly
Commercial law. This word has various significations. 1). It is the abuse of free commerce by which one or more individuals have procured the advantage of selling alone all of a particular kind of merchandise, to the detriment of the public.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
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 traverse
Pleading. 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.
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.
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.
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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.
Specific performance
remedies. The actual accomplishment of a contract by the party bound to fulfil it.
Specification
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.
Speech
A formal discourse in public.
Spelling
The art of putting the proper letters in words.
Spendthrift
Spendthrift is defined to be a person who by excessive drinking) gaming, idleness or debauchery of any kind, shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering, or expose the town to charge or expense, for support of himself or family.
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