SPECIAL CONSTABLE¹. One who has been appointed a constable for a particular occasion, as in the case of an actual tumult² or a riot, or for the purpose of serving a particular process.

SPECIAL DAMAGES. Such as actually have been suffered, and are not implied by law. Vide Damages, Special; and 1 Chit. Pl. 385; Com. Dig. Action on the case for Defamation³, D 30, G 11.

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. 3 Bouv. Inst. n. 3022. See Demurrer.

SPECIAL DEPOSIT. A deposit made of a particular thing with the depositary: it is distinguished⁵ from an irregular deposit.

2. When a thing has been specially⁶ deposited with a depositary, the title to it remains⁷ with the depositor, and if it should be lost, the loss will fall upon him. When, on the contrary, the deposit is irregular, as where money is deposited in a bank, the title to which is transferred to the bank, if it be, lost, the loss will be borne by the bank. This will result from the same principle; the loss will fall, in both instances, on the owner of the thing, according to the rule res perit domino. See 1 Bouv. Inst. n. 1 054.

SPECIAL ERRORS. Special pleas in error are those which assign for error matters in confession⁸ and avoidance, as a release of errors, the act of limitations, and the like, to which the plaintiff in error may reply or demur⁴.

SPECIAL IMPARLANCE, pleading. One which contains the clause, "saving to himself all advantages and exceptions, as well to the writ⁹, as to the declaration aforesaid." 2 Chit. Pl. 407, 8.

2. This imparlance admits the jurisdiction¹⁰ of the court, but the defendant¹¹ may plead in abatement¹² or to the action; that is, to the writ or the count. Gould. on Pl. c. 2, §18; Lawes on Pl. 84. See imparlance.