Blacks Law Dict. 1st ed

SCHOOL DIRECTORS

1065

SCIRE FACIAS

«f the affairs of the public schools. They are commonly organized under the general laws of the state, and fall within the class of quasi corporations, sometimes coterminous with a county or borough, but not necessarily BO. The members of the school board are sometimes termed "school directors," or the official style may be " the board of school di rectors." The circuit of their territorial ju risdiction is called a "school-district," and each school-district is usually a separate tax ing district for school purposes. SCHOOL DIRECTORS. See SCHOOL BOARD. SCHOOL-DISTRICT. See SCHOOL BOARD. SCHOOL-MASTER. One employed in teaching a school. SCHOUT. In Dutch law. An officer of a court whose functions somew hat resemble those of a sheriff. SCI. FA. An abbreviation for "scire facias, (q. v.) SCIENDUM. In English law. The name given to a clause inserted in the record by which it is made "known that the justice here in court, in this same term, delivered a writ thereupon to the deputy-sheriff of the county aforesaid, to be executed in due form of law." Lee, Diet. "Record." SCIENDUM EST. Lat. It is to be kno^vn; be it remarked. In the books of the civil law, this phrase is often found at the beginning of a chapter or paragraph, by way of introduction to some explanation, or di recting attention to some particular rule. SCIENTER. Lat. Knowingly. The term is used in pleading to signify an alle gation (or that part of the declaration or in dictment which contains it) setting out the defendant's previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which it was his duty to guard against, and his omission to do which has led to the injury complained of. The insertion of such an allegation is called " laying the action (or indictment) with a scienter." And the term is frequently used to signify the defendant's guilty knowledge. Scienti et volenti non fit injuria. Bract, fol. 20. An injury is not done to one who knows and wills it.

Scientia sciolorum est mixta igno rantia. 8 Coke, 159. The knowledge of smatterers is diluted ignorance. Scientia utrimque par pares eontra hentes facit. Equal knowledge on both sides makes contracting parties equal. 3 Burrows, 1905. An insured need not men tion what the underwriter knows, or what he ought to know. Broom, Max. 772. SCILICET. Lat. To-wit; that is to say. A word used in pleadings and o'ther instruments, as introductory to a more par ticular statement of matters previously men tioned in general terms. Hob. 171,172. SCINTILLA. Lat. A spark; a remain ing particle; the least particle. SCINTILLA JURIS. In real property law. A spark of right or interest. By thia figurative expression was denoted the small particle of interest which, by a fiction of law, was supposed to remain in a feoffee to uses, sufficient to support contingent uses after wards coming into existence, and thereby en able the statute of uses (27 Hen. VIII. c. 10} to execute them. See 2 Washb. Real Prop. 125; 4 Kent, Comm. 238. SCINTILLA OF EVIDENCE. The doctrine that where there is any evidence, however slight, tending to support a materi al issue, the case must go to the jury, since they are the exclusive judges of the weight of the evidence. 43 Ga. 323; 106 Mass. 271; 40 Mo. 151. Scire debes cum quo contrahis. You ought to know with whom you deal. 11 Mees. & W. 405, 632; 13 Mees. & W. 171. Scire et scire debere sequiparantur in jure. To know a thing, and to be bound to know it, are regarded in law as equivalent. Tray. Leg. Max. 551. SCIRE FACIAS. Lat. In practice. A judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bring ing it should not have advantage of such record, or (in the case of a scire facias to re peal letters patent) why the record should not be annulled and vacated. 2 Archb. Pr. K. B. 86; Pub. St. Mass. p. 1295. The most common application of this writ is as a process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of the judgment, in which cases it is merely a continuation of the original action. It is

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