英文法律词典 S-62

SPARSIM. This Latin adverb signifies scatteredly, here and there, in a scattered¹ manner, sparsedly, dispersedly. It is sometimes used in law; for example, the plaintiff may recover the place wasted, not only where the injury has been total, but where trees, growing sparsim in a close, are cut. Bac. Ab. Waste, M; Brownl. 240; Co. Litt. 54, a; 4 Bouv. Inst. n. 3690.

TO SPEAK. This term is used in the English law, to signify the permission given by a court to the prosecutor² and defendant³ in some cases of misdemeanor, to agree together, after which the prosecutor comes into court and declares himself to be satisfied; when the court pass a nominal⁴ sentence. 1 Chit. Pr. 17.

SPEAKER. The presiding officer of the house of representatives of the United States is so called. The presiding officer of either branch of the state legislatures generally bears this name.

SPEAKING DEMURRER, equity⁵ pleading. One which contains an argument in the body of it; as, for instance, when a demurrer says, "in or about the year 1770," which is upwards⁶ of twenty years before the bill filed. 2 Ves. jr. 83; S. C. 4 Bro. C. C. 254.

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 bind⁷ his principal beyond what he is authorized⁸ to do. 2 Bouv. Inst. n. 1299; 2 John. 48; 1 Wash. C. C. lT4; 5 John. 48; 15 John. 44; 8 Wend. 494.

SPECIAL ASSUMPSIT, practice. Where an action of assumpsit (q. v.) has been brought on a special contract, and the plaintiff declares upon it, setting out its particular language, or its legal effect. It is distinguished⁹ 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. 3 Bouv. Inst. n. 3426.

SPECIAL BAIL¹⁰. A person who becomes specially¹¹ bound to answer for the appearance of another; the recoguizance or act by which such person thus becomes bound, is also called special bail. Vide Bail.