SCANDAL. A scandalous verbal report or rumor respecting some person.
2. The remedy is an action on the case.
3. In chancery practice, when a bill or other pleading contains scandal, it will be referred to a master to be expunged, and till this has been done, the opposite party need not answer. 3 Bl. Com. 342. Nothing is considered scandalous which is positively relevant to the cause, however harsh and gross the charge may be. The degree of relevancy is not deemed material. Coop. Eq. Pl. 19; 2 Ves. 24; 6 Ves. 514, 11 Ves. 626; 15 Ves. 477; Story Eq. Plo. 269 Vide Impertinent.
SCANDALUM MAGNATUM. Great scandal or slander. In England it. is the slander of the great men, the nobility of the realm.
SCHEDULE, practice. When an indictment is returned, from au inferior court in obedience to a writ of certiorari, the, statement of the previous proceedings sent with it, is termed the schedule. 1 Saund. 309, a, n. 2.
2. Schedules are also frequently annexed to answers in a court of equity, and to depositions and other documents, in order to show more in detail the matter they contain, than could otherwise be conveniently shown.
3. The term is frequently used instead of inventory.
SCHOOLMASTER. One employed in teaching a school.
2. A schoolmaster stands in loco parentis in relation to the pupils committed to his charge, while they are under his care, so far as to enforce obedience to his, commands, lawfully given in his capacity of school-master, and he may therefore enforce them by moderate correction. Com. Dig. Pleader, 3 M 19; Hawk. c. 60, sect. 23. Vide Correction.
3. The schoolmaster is justly entitled to be paid for his important and arduous services by those who em ploy him. See 1 Bing. R. 357 8 Moore's Rep. 368. His duties are to teach his pupils what he has undertaken, and to have a special care over their morals. See 1 Stark. R. 421.
SCIENDUM, Eng. 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's Dict. art. Record.
SCIENTER, knowingly.
2. A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of certain facts. He may pass a counterfeit coin, when he is ignorant of its being counterfeit, and is guilty of no offence; but if he knew the coin to be counterfeit, which is called the scienter, he is guilty of passing counterfeit money. A man who keeps an animal which injures some person, or his property, is answerable for damages, or in some cases he may be indicted if he had a knowledge of such animal's propensity to do injury. 3 Blackst. Comm. 154; 2 Stark. Ev. 178; 4 Campb. 198; 2 Str. 1264; 2 Esp. 482; Bull. N. P. 77; Burr. 2092; 2 Lev. 172; Lord Raym. 110; 2 B. & A. 620; 2 C. M. & R. 496; 5 C. & P. 1; S. C. 24 E. C. L. R. 187; 1 Leigh, N. P. 552, 553; 7 C. & P. 755.
4. In this respect the civil law agrees with our own. Domat, Lois Civ. liv. 2, t. 8, s. 2. As to what evidence maybe given to prove guilty knowledge, see Archb. Cr. Pl. 109. Vide Animal; Dog.
SCILICET. A Latin adverb, signifying that is to say; to wit; namely.
2. It is a clause to usher in the sentence of another, to particularize that which was too general before, distribute what was too gross, or to explain what was doubtful and obscure. It neither increases nor diminish the premises or habendum, for it gives nothing of itself; it may make a restriction when the preceding words may be restrained. Hob. 171 P. Wms. 18; Co. Litt. 180 b, note 1.
3. When the scilicet is repugnant to the precedent matter, it is void; for example, when a declaration in trover states that the plaintiff on the third day of May was possessed of certain goods which on the fourth day of May came to the defendant's hands, who afterwards, to wit, on the first day of May converted them, the scilicet was rejected as surplusage. Cro. Jac. 428; and vide 6 Binn. 15; 3 Saund. 291, note 1, and the cases there cited. This word is sometimes abbreviated, ss. or sst.
SCINTILLA JURIS, estates; A spark of right. A legal fiction, resorted to for the purpose of enabling feoffees to uses to support contingent uses when they come into existence, thereby to enable the statutes of uses, 27 Henry VIII., to execute them. 4 Kent's Com. 238, et seq., and the authorities there cited, for the learning upon this subject.
SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the "advantage of such record; or, when it is issued to repeal letters-patent, why the record should not be annulled and vacated. 3 Sell. Pr. 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr. h. t.
2. It is, however, considered as an action, and in the nature of a new original. Skin. 682; Com. 455.
3. The scire facias against a bail, against pledges in replevin, to repeal letters-patent, or the like, is an original proceeding; but when brought to revive a judgment after a year and a day, or upon the death or marriage of the parties, when in the latter case one of them is a woman; or when brought on a judgment quando, &c., against an executor, it is but a continuation of the original action. Vide 1 T. R. 388. Vide generally, 11 Vin. Ab. 1; 19 Vin. Ab. 280 Bac. Ab. Execution, H; Bac. Ab. h. t. 2 Saund. 72 e, note, 3; Doct. Pl. 436 Bouv. Inst. Index, h. t.
SCIRE FACIAS AD AUDIENDUM ERRORES. The name of a writ which is sued out after the plaintiff in error has assigned his errors. F. N. B. 20; Bac. Ab. Error F.
SCIRE FACIAS AD DISPROBANDUM DEBTTUM. The name of a writ in use in Pennsylvania, which lies by a defendant in foreign 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. Act relating to the commencement of actions, s. 61, passed June 13th, 1836.
SCIRE FECI, practice. The return of the sheriff, or other proper officer, to the writ of scire facias, when it has been served; scire feci, "I have made known."
SCIRE FIERI INQUIRY, Eng. law. The name of a writ, the history of the origin of which is as follows: when on an execution de bonis testatoris against an executor the sheriff returned nulla bona and also a devastavit, a fieri fac-ias, de bonis propriis, might formerly have been issued against the executor, without a previous inquisition finding a devastavit and a scire facias. But the most usual practice upon the sheriff's return of nulla bona a to a fieri facias de bonis testatoris, was to sue out a special writ of fieri facias de bonis testatoris, with a clause in it, "et si tibi constare, poterit," that the executor had wasted the goods, then to levy de bonis propriis. This was the practice in the king's bench till the time of Charles I.
2. In the common pleas a practice had prevailed in early times upon a suggestion in the special writ of fieri facias of a devastavit by the executor, to direct the sheriff to inquire by a jury, whether the executor had wasted the goods, and if the jury found he had, then a scire facias was issued out against him, and unless he made a good defence thereto, an execution de bonis propriis was awarded against him.
3. The practice of the two courts being different, several cases were brought into the king's bench on error, and at last it became the practice of both courts, for the sake of expedition, to incorporate the fieri facias inquiry, and scire facias, into one writ, thence called a scire fieri inquiry, a name compounded of the first words of the two writs of scire facias and fieri facias, and that of inquiry, of which it consists.
4. This writ recites the fieri facias de bonis testatoris sued out on the judgment against the executor, the return of nulla bona by the sheriff, and then suggesting that the executor bad sold and converted the goods of the testator to the value of the debt and damages recovered, commands the sheriff to levy the said debt and damages of the goods of the testator in the hands of the executor, if they could be but if it should appear to him by the inquisition of a jury that the executor had wasted the goods of the testator, then the sheriff is to warn the executor to appear, &c. If the judgment had been either by or against the testator or intestate, or both, the writ of fieri facias recites that fact, and also that the court had adjudged, upon a scire facias to revive the judgment, that the executor or administrator should have execution for the debt, &c. Clift's Entr. 659; Lilly's Entr. 664; 3 Rich. Pr. K. B. 523.
5. Although this practice is sometimes adopted, yet the most usual proceeding is by action of debt on the judgment, suggesting a devastavit, because in the proceeding by scire fieri inquiry the plaintiff is not entitled to costs, unless the executor appears and pleads to the scire facias. 1 Saund. 219, n. 8. See 2 Archb. Pr. 934.
SCITE. The setting or standing of may place. The seat or situation of a capital messuage, or the ground on which it Stood. Jacob, L. D. h. t.
SCOLD. A woman who by her habit of scolding becomes a nuisance to the neighborhood, is called a common scold. Vide Common Scold.
SCOT AND LOT, Eng. law. The name of a customary contribution, laid upon all the subjects according to their ability.
SCOUNDREL. An opprobrious title given to a person of bad character. General damages will not lie for calling a man a scoundrel, but special damages may be recovered when there has been an actual loss. 2 Bouv: Inst. n. 2250; 1 Chit. Pr. 44.
SCRIPT, conv. The original or principal instrument, where there are part and counterpart. Vide Chirograph; Part, Rescript.
SCRIVENER. A person whose, business it is to write deeds and other instruments for others; a conveyancer.
2. Money scriveners are those who are engaged in procuring money to be lent on mortgages and other securities, and lending such money accordingly. They act also as agents for the purchase and sale of real estates.
3. To be considered a money scrivener, a person must be concerned in carrying on the trade or profession as a means of making a livelihood. He must in the course of his occupation receive other men's moneys into his trust and custody, to lay out for them as occasion offers. 3 Camp. R. 538; 2 Esp. Cas. 555.
SCROLL. A mark which is to supply the place of a seal, made with a pen or other instrument on a writing.
2. In some of the states this has all the efficacy of a seal. 1, S. & R. 72; 1 Wash. 42; 2 McCord, 380; 4 McCord 267; 3 Blackf. 161; 3 Gill & John. 234; 2 Halst. 272. Vide Seal; 2 Serg. & Rawle, 504; 2 Rep. 5. a; Perk. 129. In others, a scroll has no such effect; and when a suit is brought on an instrument sealed with a scroll, the act of limitations may be pleaded to it, as to a simple contract. 2 Rand. 446; 6 Halst. 174; 5 John. 239; 1 Blackf. 241; Griff. Law Reg., answers to question No 110.
SCUTAGE, old Eng. law. The name of a tax or contribution raised for the use of the king's armies by those who held lands by knight's service.
SCYREGEMOTE. The name of a court among the Saxons. It was the court of the shire, in Latin called curia comitatus, and the principal court among the Saxons. It was holden twice a year for determining all causes both ecclesias-tical and secular.