KFLCC Kingdom Law 2nd Ed.

1060

SCIRE FACIAS

SCOTCH PEERS

SCIRE FIERI INQUIRY. In English law. The name of a writ formerly used to recover the amount of a judgment from an executor. Scire leges non hoe est verba eanun tenere, sed vim ac potestatem. To know the laws is not to observe their mere words, but their force and power; [that is, the es sential meaning in which their efficacy re sides.] Dig. 1, 3, 17; 1 Kent, Comm. 462. Scire proprie est rem ratione et per causam cognoscere. To know properly is to know a thing in its reason, and by its cause. We are truly said to know anything, where we know the true cause thereof. Co. Litt. 1836. SCIREWYTE. In old English law. A tax or prestation paid to the sheriff for hold ing the assizes or county courts. CowelL cutting. Scissio auricularum, cropping of the ears. An old punishment. Fleta, lib. 1, c. 38, § 10. SCITE, or SITE. The sitting or standing on any place; the seat or situation of a cap ital messuage, or the ground whereon it stands. Jacob. SCOLD. A troublesome and angry wo man, who, by brawling and wrangling among her neighbors, breaks the public peace, in creases discord, and becomes a public nui sance to the neighborhood. 4 Steph. Comm. 276. -Common scold. One who, by the practice of frequent scolding, disturbs the neighborhood. Bish. Crim. Law, § 147. A quarrelsome, brawl ing, vituperative person. U. S. v. Royall, 27 Fed. Cas. 907; Com. v. Mohn, 52 Pa. 243, 91 Am. Dec. 153; Baker v. State, 53 N. J. Law, 45, 20 Atl. 858. SCOT. In old English law. A tax, or tribute; one's share of a contribution. —Scot and lot. In English law. The name of a customary contribution, laid upon all sub jects according to their ability. Brown.— -Scot and lot voters. In English law. Voters in certain boroughs entitled to the franchise in vir tue of their paying this contribution. 2 Steph. Comm. 360. SCOTAIi. In old English law. An ex tortionate practice by officers of the forest who kept ale-houses, and compelled the peo ple to drink at their houses for fear of their displeasure. Prohibited by the charter of the forest, c. 7. Wharton. SCISSIO. Lat In old English law. A

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 used more rarely as a mode of proceeding against special bail on their recognizance, and as a means of repealing letters patent, in which cases it is an original proceeding. 2 Archb. Pr. K. B. 86. And see Knapp v. Thomas, 39 Ohio St 383, 48 Am. Rep. 462; Walker v. Wells, 17 Ga. 551, 63 Am. Dec. 252; Chestnut v. Chestnut, 77 111.349; Lyon v Ford, 20 D. C. 535; State Treasurer v. Foster, 7 Vt. 53; Lafayette County v. Won derly, 92 Fed. 314, 34 C. C A. 360; Hadaway v. Hynson, 89 Md. 305, 43 Atl. 806. —Scire facias ad audiendum errores. The mime of a writ which is sued out after the plaintiff in error has assigned his errors. Fitzh. Nat. Brev. 20.— Scire facias ad disproban dum debitum. The name of a writ in use in Pennsylvania, which lies by a defendant in for eign attachment against the plaintiff, in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the attachment, to disprove or avoid the debt recovered against him. Bouvier.— Scire facias ad rehabendam terrain. A scire facias ad rehabendam terram lies to enable a judgment debtor to recover back his lands taken under an elegit when the judgment creditor has satisfied or been paid the amount of his judgment. Chit. 692; Fost. on Sci. Fa. 58.— Scire facias for the crown. In English law. The summary proceeding by extent is only resorted to when a. crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. In ordinary cases where a debt or duty appears by record to be owing to the crown, the process for the crown is a writ of sci. fa. qware executionem non; but should the defendant become insolvent pending this writ, the crown may abandon the proceeding and re sort to an extent. Wharton.— Scire facias quare restitutionem non. This writ lies where execution on a judgment has been levied, but the money has not been paid over to the f plaintiff, and the judgment is afterwards re versed in error or on appeal; in such a case a scire facias is necessary before a writ of resti tution can issue. Chit. 582; Fost. on Sci. Fa. 64.— Scire facias sur mortgage. A writ of scire facias issued upon the default of a mort gagor to make payments or observe conditions, requiring him to show cause why the mortgage should not be foreclosed, and the mortgaged' property taken and sold in execution.— Scire facias snr municipal claim. A writ of scire facias, authorized to be issued, in Penn sylvania, as a means of enforcing payment of a municipal claim (q. v.) out of the real estate upon which such claim is a lien. SCIRE FECI. La t In practice. The name given to the sheriff's return to a writ of scire facias that he has caused notice to be given to the party or parties against whom the writ was issued. 2 Archb. Pr. K. B. 98, 99.

SCOTCH MARRIAGES.

See GBETNA

GEEEN.

SCOTCH PEERS. Peers of the king dom of Scotland; of these sixteen are elected to parliament by the rest and represent the whole body. They are elected for one parlia ment only.