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Plea in bar
(gcide) | Bar \Bar\ (b[aum]r), n. [OE. barre, F. barre, fr. LL. barra, W.
bar the branch of a tree, bar, baren branch, Gael. & Ir.
barra bar. [root]91.]
1. A piece of wood, metal, or other material, long in
proportion to its breadth or thickness, used as a lever
and for various other purposes, but especially for a
hindrance, obstruction, or fastening; as, the bars of a
fence or gate; the bar of a door.
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Thou shalt make bars of shittim wood. --Ex. xxvi.
26.
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2. An indefinite quantity of some substance, so shaped as to
be long in proportion to its breadth and thickness; as, a
bar of gold or of lead; a bar of soap.
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3. Anything which obstructs, hinders, or prevents; an
obstruction; a barrier.
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Must I new bars to my own joy create? --Dryden.
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4. A bank of sand, gravel, or other matter, esp. at the mouth
of a river or harbor, obstructing navigation.
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5. Any railing that divides a room, or office, or hall of
assembly, in order to reserve a space for those having
special privileges; as, the bar of the House of Commons.
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6. (Law)
(a) The railing that incloses the place which counsel
occupy in courts of justice. Hence, the phrase at the
bar of the court signifies in open court.
(b) The place in court where prisoners are stationed for
arraignment, trial, or sentence.
(c) The whole body of lawyers licensed in a court or
district; the legal profession.
(d) A special plea constituting a sufficient answer to
plaintiff's action.
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7. Any tribunal; as, the bar of public opinion; the bar of
God.
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8. A barrier or counter, over which liquors and food are
passed to customers; hence, the portion of the room behind
the counter where liquors for sale are kept.
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9. (Her.) An ordinary, like a fess but narrower, occupying
only one fifth part of the field.
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10. A broad shaft, or band, or stripe; as, a bar of light; a
bar of color.
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11. (Mus.) A vertical line across the staff. Bars divide the
staff into spaces which represent measures, and are
themselves called measures.
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Note: A double bar marks the end of a strain or main division
of a movement, or of a whole piece of music; in
psalmody, it marks the end of a line of poetry. The
term bar is very often loosely used for measure, i.e.,
for such length of music, or of silence, as is included
between one bar and the next; as, a passage of eight
bars; two bars' rest.
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12. (Far.) pl.
(a) The space between the tusks and grinders in the upper
jaw of a horse, in which the bit is placed.
(b) The part of the crust of a horse's hoof which is bent
inwards towards the frog at the heel on each side,
and extends into the center of the sole.
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13. (Mining)
(a) A drilling or tamping rod.
(b) A vein or dike crossing a lode.
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14. (Arch.)
(a) A gatehouse of a castle or fortified town.
(b) A slender strip of wood which divides and supports
the glass of a window; a sash bar.
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Bar shoe (Far.), a kind of horseshoe having a bar across
the usual opening at the heel, to protect a tender frog
from injury.
Bar shot, a double headed shot, consisting of a bar, with a
ball or half ball at each end; -- formerly used for
destroying the masts or rigging in naval combat.
Bar sinister (Her.), a term popularly but erroneously used
for baton, a mark of illegitimacy. See Baton.
Bar tracery (Arch.), ornamental stonework resembling bars
of iron twisted into the forms required.
Blank bar (Law). See Blank.
Case at bar (Law), a case presently before the court; a
case under argument.
In bar of, as a sufficient reason against; to prevent.
Matter in bar, or Defence in bar, any matter which is a
final defense in an action.
Plea in bar, a plea which goes to bar or defeat the
plaintiff's action absolutely and entirely.
Trial at bar (Eng. Law), a trial before all the judges of
one the superior courts of Westminster, or before a quorum
representing the full court.
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| | podobné slovo | definícia |
Special plea in bar
(gcide) | Special \Spe"cial\, a. [L. specialis, fr. species a particular
sort, kind, or quality: cf. F. sp['e]cial. See Species, and
cf. Especial.]
1. Of or pertaining to a species; constituting a species or
sort.
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A special is called by the schools a "species". --I.
Watts.
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2. Particular; peculiar; different from others;
extraordinary; uncommon.
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Our Savior is represented everywhere in Scripture as
the special patron of the poor and the afficted.
--Atterbury.
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To this special evil an improvement of style would
apply a special redress. --De Quincey.
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3. Appropriate; designed for a particular purpose, occasion,
or person; as, a special act of Parliament or of Congress;
a special sermon.
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4. Limited in range; confined to a definite field of action,
investigation, or discussion; as, a special dictionary of
commercial terms; a special branch of study.
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5. Chief in excellence. [Obs.]
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The king hath drawn
The special head of all the land together. --Shak.
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Special administration (Law), an administration limited to
certain specified effects or acts, or one granted during a
particular time or the existence of a special cause, as
during a controversy respecting the probate of a will, or
the right of administration, etc.
Special agency, an agency confined to some particular
matter.
Special bail, Bail above, or Bail to the action (Law),
sureties who undertake that, if the defendant is
convicted, he shall satisfy the plaintiff, or surrender
himself into custody. --Tomlins. --Wharton (Law Dict.).
Special constable. See under Constable. --Bouvier.
Special damage (Law), a damage resulting from the act
complained of, as a natural, but not the necessary,
consequence of it.
Special demurrer (Law), a demurrer for some defect of form
in the opposite party pleading, in which the cause of
demurrer is particularly stated.
Special deposit, a deposit made of a specific thing to be
kept distinct from others.
Special homology. (Biol.) See under Homology.
Special injuction (Law), an injuction granted on special
grounds, arising of the circumstances of the case.
--Daniell.
Special issue (Law), an issue produced upon a special plea.
--Stephen.
Special jury (Law), a jury consisting of persons of some
particular calling, station, or qualification, which is
called upon motion of either party when the cause is
supposed to require it; a struck jury.
Special orders (Mil.), orders which do not concern, and are
not published to, the whole command, such as those
relating to the movement of a particular corps, a detail,
a temporary camp, etc.
Special partner, a limited partner; a partner with a
limited or restricted responsibility; -- unknown at common
law.
Special partnership, a limited or particular partnership;
-- a term sometimes applied to a partnership in a
particular business, operation, or adventure.
Special plea in bar (Law), a plea setting forth particular
and new matter, distinguished from the general issue.
--Bouvier.
Special pleader (Law), originally, a counsel who devoted
himself to drawing special counts and pleas; in a wider
sense, a lawyer who draws pleadings.
Special pleading (Law), the allegation of special or new
matter, as distingiushed from a direct denial of matter
previously alleged on the side. --Bouvier. The popular
denomination of the whole science of pleading. --Stephen.
The phrase is sometimes popularly applied to the specious,
but unsound, argumentation of one whose aim is victory,
and not truth. --Burrill.
Special property (Law), a qualified or limited ownership
possession, as in wild animals, things found or bailed.
Special session, an extraordinary session; a session at an
unusual time or for an unusual purpose; as, a special
session of Congress or of a legislature.
Special statute, or Special law, an act of the
legislature which has reference to a particular person,
place, or interest; a private law; -- in distinction
from a general law or public law.
Special verdict (Law), a special finding of the facts of
the case, leaving to the court the application of the law
to them. --Wharton (Law Dict.).
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Syn: Peculiar; appropriate; specific; dictinctive;
particular; exceptional; singular. See Peculiar.
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SPECIAL PLEA IN BAR
(bouvier) | 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, Sec. 38.
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