KFLCC Kingdom Law 2nd Ed.

1059

SCIRE FACIAS

SCHOOL

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 allega tion (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 ignoran tia. 8 Coke, 159. The knowledge of smat terers is diluted ignorance. Scientia utrimque par pares contra hentes facit. Equal knowledge on both sides makes contracting parties equal. 3 Burrows, 1905. An insured need not mention 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 other instru ments, as introductory to a more particu lar 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 this figurative expression was denoted the small particle of in terest which, by a fiction of law, was supposed to remain in a feoffee to uses, sufficient to sup port contingent uses afterwards coming into ex istence, and thereby enable 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. A spark, glimmer, or faint show of evidence. A metaphorical ex pression to describe a very insignificant or tri fling item or particle of evidence; used in the statement of the common-law rule that if there is any evidence at all in a case, even a mere scintilla, tending to support a material issue, the case cannot be taken from the jury, but must be left to their decision. See Offutt v. World's Columbian Exposition, 175 111. 472, 51 N. E. 651. Scire debeg cum quo oontrahis. 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

to become such. See Gordon v. Comes, 47 N. T. 616; Board of Regents v. Painter, 102 Mo. 464, 14 S. W. 938, 10 L. R. A. 493.— Private school. One maintained by private individuals or corporations, not at public expense, and open only to pupils selected and admitted by the pro prietors or governors, or to pupils of a certain class or possessing certain Qualifications, (racial, religious, or otherwise,) and generally supported, in part at least, by tuition fees or charges. See Quigley v. State, 5 Ohio Cir. Ct. R. 638.— Pub lic schools. Schools established Under the laws of the state, (and usually regulated in mat ters of detail by the local authorities,} in the various districts, counties, or towns, maintained at the public expense by taxation, and open without charge to the children of all the resi dents of the town or other district. Jenkins v. Andover, 103 Mass. 97; St. Joseph's Church T. Assessors of Taxes, 12 R. I. 19, 34 Am. Rep. 597; Merrick v. Amherst, 12 Allen (Mass.) 508. A public school is one belonging to the public and established and conducted under public au thority ; not one owned, and conducted by pri vate parties, though it may be open to the pub lic generally and though tuition may be free. Gerke v. Purcell, 25 Ohio St. 229.— School board. A board of municipal officers charged with the administration of 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 so. The members of the school board are sometimes termed "school directors," or the official style may be "the board of school direct ors." The circuit of their territorial jurisdic tion is called a "school district," and each school district is usually a separate taxing dis trict for school purposes.— School directors. See SCIJOOL BOABD.— School district. A pub lic and quasi municipal corporation, organized by legislative authority or direction, compris ing a defined territory, for the erection, main tenance, government, and support of the public schools within its territory in accordance with and in subordination to the general school laws of the state, invested, for these purposes only, with powers of local self-government and general ly of local taxation, and administered by a board of officers, usually elected by the voters of the dis trict, who are variously styled "school direct ors," or "trustees," "commissioners," or "super visors" of schools. See Hamilton v. San Diego County, 108 Cal. 273, 41 Pac. 305; Landis v. Ashworth, 57 N. J. Law, 509, 31 Atl. 1017; Travelers' Ins. Co. v. Oswego Tp., 59 Fed. 64, 7 C. C. A. 669; Board of Education v. Sinton, 41 Ohio St. 511.— School lands. See LAND.— School-master. One employed in teaching a school. SCHOUT. In Dutch law. An officer of a court whose functions somewhat resemble those of a sheriff. SCI. FA. An abbreviation for "scire fa cias, (q. v.) SCIENDUM. Lat. 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 known; 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