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Dictionary of Law Terms: Special

Special Case. A mode of raising a point of law for the opinion of the Court on an agreed written statement of the facts.

Special Jury, is a jury composed of individuals above the rank of ordinary freeholders. Either party in an action may apply for, and obtain a special jury. Special Pleading. When the pleadings in an action are not in the ordinary form, but are of a more complex character, they are termed special pleadings. Specific performance. A remedy in equity, to compel the performance of a contract according to its terms instead of proceeding at law to recover damages merely. States Evidence. An accomplice in the commission of a crime, who gives evidence in the hope of receiving a pardon for himself.

Stirpes. Taking property by representation is called succession per stirpes, as contradistinguished from per capita, which signifies taking it by one's own right. Stoppage in transitu. Goods sold on credit to a person, since become insolvent or bankrupt, may be seized by the vendor at any time before their actual and complete delivery to the vendee. This seizure is called stoppage in transitu; it is often a nice and difficult question to determine when the transit has ended and the purchaser's possession begun.

Subpœna. A writ used for the purpose of compelling witnesses to attend and give evidence. In Chancery, a mandatory writ requiring the defendant to appear and answer.

Sufferance. A tenant at, is a person who acquired the possession of lands by right, and holds over after his right is determined.

Summons, writ of. The process used for the commencement of certain actions in the courts of law.

Supersedeas. A command to stay some ordinary proceedings at law, on good cause shown.

Surrejoinder. An answer to the rejoinder of the defendant in action. Syngraph. A deed or bond under hand and seal of all the parties. Tenancy. The holding of property under tenure.

Tenant. One who holds lands or tenements by any kind of title, whether by purchase, inheritance, for life, for years, or at will. Tender. A legal tender is an unconditional offer to pay a debt, which, if refused, may be afterwards, pleaded in bar to an action, Tenement. Property held by a tenant; comprises lands, houses, and every species of real property which may be holden.

Tenure. The mode by which an estate in lands is held. Termor. A tenant who holds lands for fixed and ascertained period of time. Testamentary Guardian. A person appointed by a father in his will to be the guardian of his child.

Testator or Testatrix. The maker of a will.

Teste. The clause at the bottom of a writ beginning with the word "witness" is so called.

Theft bote. When a party, who has been robbed, and knowing the felon, takes his goods again, or receives other amends, upon agreement not to prosecute. Title. The evidence of the right which a person has to the possession of property. Traverse. A plea which denies the truth of some part of the plaintiff's Statement of Claim in an action.

Trespass. Any wrong or damage done by one man to another, whether it relates to his person or property, but it usually signifies a wrongful entry on another premises.

Trover. The form of action used to try a disputed question of property in goods or chattels, in which the plaintiff can only recover damages, and not the goods or chattels themselves. "rue bill. The words indorsed upon an indictment by a grand jury, when satisfied that the charge against the offender is made out.

Trust. A trust exists where a party, called the cestui-que-trust has a right in equity to the beneficial enjoyment of property, the legal ownership of which is vested in another, who is hence called a trustee.

Under-lease. A lease granted by one who is himself only a lessee of the premises under-let.

Under-lessee. The person to whom an under-lease is granted. Unliquidated damage. Damages not fixed or ascertained, and which require therefore to be estimated by a jury.

Use. A right to the beneficial enjoyment of land nominally vested in another. Usury. The extortion of unlawful gain; the taking more for the use of money than is allowed by law. All the Acts fixing rates of interest have been repealed in England except with regard to pawnbrokers.

Value received. The words usually appearing in bills of exchange and promissory notes.

Venditioni exponas. A writ directed to the sheriff, commanding him to sell goods which he has taken possession of under a writ of fieri facias, and which remain in his hands unsold.

Venue. The county in which an action at law is intended to be tried. Verdict. A verdict is the unanimous judgment or opinion of the jury on the issue of fact submitted to them.

Vi et Armis (with force and arms). Words formerly used in indictments to express the charge of a forcible and violent committing of any crime or trespass. Viva Voce. By word of mouth.

Voir dire. An examination of a witness to test his competency is termed an "examination in the voir dire." Voluntary Conveyance or Settlement. A settlement or conveyance made without any valuable consideration. Waifs, Stolen goods which the thief has thrown away and left behind him. Also goods found but claimed by nobody.