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. Gould on Pl. c. 2, §38.

SPECIAL PLEADER, Engl. 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 proceedings¹ as may be out of the general course. 2 Chit. Pr. 42.

SPECIAL PLEADING. The allegartion of special or new matter, as distinguished² from a direct denial of matter previously³ alleged⁴ on the opposite side. Gould on Pl. c. 1, s. 18; Co. Litt. 282; 3 Wheat. R. 246 Com. Dig. Pleader, E 15.

SPECIAL PROPERTY. This term is used as synonymous with qualified⁵ 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 possessed⁶ 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.

2. Again, a person may have a special property in a chattel⁷ in consequence of the peculiar⁸ circumstances of the owner; a bailee, for example, has a special property in the thing bailed⁹. 1 Bouv. Inst. n. 475 to 477.

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. 3 Bouv. Inst. n. 2843.

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 negation¹⁰. Lawes' Pl. 116 to 120.

2. A traverse commencing with these words is special, because, when it thus commences, the inducement and the negation are regularly both special; the former consisting of new matter, and the latter pursuing, in general, the words of the allegation traversed, or at least those of them which are material. For example, if the defendant¹¹ pleads title to land in himself, by alleging¹² that Peter devised the land to him, and then died seised in fee; and the plaintiff replies that Peter died seised in fee intestate, and alleges¹³ title in himself, as heir of Peter without this, that Peter devised the land to the defendant; the traverse is special. Here the allegation of Peter's intestacy, &c., forms the special inducement; and the absque hoc, with what follows it, is a special denial of the alleged devise, i. e. a denial of it in the words of the allegation. Lawes on Pl. 119, 120; Gould, Pl. ch. 7, §6, 7; Steph. Pl. 188. Vide Traverse; General Traverse.