SPENDTHRIFT. By the Rev¹. Stat. of Vermont, tit. 16, c. 65, s. 9, spendthrift is defined to be a person who by excessive drinking) gaming, idleness or debauchery of any kind, shall so spend, waste, or lessen² 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.

SPERATE. That of which there is hope.

2. In the accounts of an executor and the inventory³ of the personal assets, he should distinguish between those assets which are sperate, and those which are desperate; he will be prima facie responsible for the former, and discharged for the latter. 1 Chit. Pr. 520; 2 Williams Ex. 644; Toll⁴. Ex. 248. See Desperate.

SPES RECUPERANDI. The hope of recovery. This term is applied⁵ to cases of capture of an enemy's property as a booty or prize. As between the belligerent⁶ parties, the title to the property taken as a prize passes the moment there is no longer any hope of recovery. 2 Burr. Rep. 683. Vide Infra praesidea; Jus Postliminy; Bopty; Piize.

SPINSTER. An addition given, in legal writings, to a woman who never was married. Lovel. on Wills, 269.

SPLITTING A CAUSE OF ACTION. The bringing an action for only a part of the cause of action. This is not permitted either at law nor in equity⁷. 4 Bouv. Inst. n. 4167.

SPOLIATION, Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. F. N. B. 85.

2. It is also a waste of church property by an ecclesiastical person. 3 Bl. Com. 90.

SPOLIATION, torts. Destruction of a thing by the act of a stranger; as, the erasure⁸ or alteration⁹ of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. §566. 2. By spoliation is also understood the total destruction of a thing; as, the spoliation of papers, by the captured party, is generally regarded as proof of. guilt¹⁰, but in America it is open to explanation, except in certain cases where there is a vehement¹¹ presumption¹² of bad faith. 2 Wheat. 227, 241; 1 Dods. Adm. 480, 486. See Alteration.