英文法律词典 S-9

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 obedience² to his, commands, lawfully³ given in his capacity of school-master, and he may therefore enforce them by moderate correction. Com. Dig. Pleader, 3 M 19; Hawk⁴. c. 60, sect⁵. 23. Vide Correction.

3. The schoolmaster is justly entitled to be paid for his important and arduous⁶ services by those who em ploy¹ 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 Stark⁷. 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 writ⁸ 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 justifiable⁹ or not, as he is ignorant or not ignorant of certain facts. He may pass a counterfeit¹⁰ 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 indicted¹¹ if he had a knowledge of such animal's propensity¹² 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 usher¹³ 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 premises¹⁴ or habendum, for it gives nothing of itself; it may make a restriction¹⁵ 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 precedent¹⁶ matter, it is void; for example, when a declaration in trover states that the plaintiff on the third day of May was possessed¹⁷ 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 abbreviated¹⁸, ss. or sst.