Page:Black's Law Dictionary (Second Edition).djvu/1067

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SCHOOL

to become such. See Gordon v. Comes, 47 N. Y. GIG: Board of Regents v. Painter, 102 M0. 404, 14 S. W. 938, 10 L. R. A. 493.—Privnta lchool. One maintained by private indivirliiuls or corporations, not at public expense, and open only to pupils selected and admitted by the pro- prietols or goveraors, 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 Quigiey v. State, 5 Ohio Cir. Ct R. 638.—Pu|i- lia schools. Schools established under the lava; of the state. (and usually regulated in matters of detail by the local nuthnriLles,) in the rariuus 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. Aodover, 103 Mass. 97; St. Joseph's Church v. Assessois of Taxes, 12 R. I. 19. 34 Am. R013. 597: Merrick v. Amherst, 12 Allen (M:iss.) 508. A public school is one belonging to the public and established and conducted under public authority: 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.

Ike v. Purcell. 25 Ohio St. 229.—Sc]:oo1 board. A board of municipal officels charged with the administration of the affairs of the public schools. ey nre commonly organized under the geneial laws of the state, and full within the class of qiuzai corporations meti.i.nes coteruiinous with a county or boroug , 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- ms." The circuit of their territorial jurisdiction is called a "school district," and each school district is usually a separate taxing district Eor school purposi:-s.—Schoo1 directors. See ScuooL Bo.ui.o.—Schon1 district. A pub- lic and quasi municipal corporation, organized by legislative autlioi-ity or direction. comprising a defined territory, for the erection, maintenance, 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 onLv. with powers of local self-government and generally of local taxation, and administered by a board of officers. usuallyclected by the voters of the district, who are variously styled “school direct- ors." or "trustees," “commissioners.” or “super- visois" of schools. See Hamilton v. San Diego County. 108 Cal. 273. 41 Pac. 305: Lnndis v. Ashworth. 5'! N. J. Law, 509. 31 Ati. 1017: Tm-elem‘ Ins. . v. 0.-m-ego 'I‘p.. 59 Fcd. 04, 7 C. (‘. A. G69; Board of Education v. Sinton, 41 Ohio St. 511.—Sehool lands. See LA'vn._.

School-master. One employed in teaching a school. S01-‘IOUT. In Dutch law. An officer of

ii court whose functions somewhat resemble those of a sheriff.

SCI. FA. cilia. (q. '0.)

An abbreviation for “wire Iii-

SCIENDUM. Lat. In English law. The name given to a clause inserted in the record by which it is made ' nuwn that the Justice here in court, to this same term, delu ei-ed a writ thereupon to the deputy-slieriii of the county nforesaid. to be executed in due form of law." Lee. Dict. "Record."

SCIENDUM EST. Lat. It is to be known: l)e it remarked. In the books of the civil law, this phrase is often found at the heginnlng of a chapter or paragraph, by way

1059

SCIRE FACIAB

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 allegation (or thnt part of the declaration or indictlnent which contains it) setting out the defendant's previous knowletme 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, nnd his omission to do which has led to the injury complained of. The insertion of such nn allegation is called "laying the action {or indictment) with a sciemcr." And the term is frequently used to signify the defendant's guilty knowledge.

Solemn at vnlenti non fit injnria. Bruct. fol. 20. An injury is not done to one who knows and Wills it.

Scientis. sciolorinn est mixta ignorantia. 8 Coke, 159. The knowledge of smatterers is diluted ignorance.

Scientin ntrimqne par pares contra- henten fscit. 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.

SCILICI-1'1‘. Lat. To-wit; that is to say. A word used in pleadings nnd other Instru- ments, as introductory to a more particu- lar statement of matters previously mentioned in general terms. Hob. 171. 172.

SC1'N'1‘H.LA. Lat. A spark; :1 remaining particle; the least particle.

—Scinti1la. jnris. In real property law. A spark of light or interest. By this 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 afterwards coming into ex- istence, and thereby enable "the statute of uses 27 Hen. VIlI. c. 10) to execute them. See

Wsshb. Real Prop. 12:); 4 Kent, Comm. 238. —Scinti11a of evidence. A spark, ghmnier or taint show of evidence. A iuetaplioriall 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 ac-iiifilla. tending to support a material issue, the case cannot be taken from the jury, but must he left to their decision. Sec OlIilI.t v.

I\‘nEd'a_$olii.n1hian Exposition, 175 Ill. 472, 51

. 4. 3 .

Scire delies cum qun contraliis. You ought to know with whom you deal. 11 Mees. 8; W. 405. 632; 13 ‘uses. & W. 171.

Scire at sch-e debere sequiparnntnr in jnre. To know a thing, and to be bound to know it, nre regarded in law as equivalent Tray. Leg. Max. 551.

SCIRE FACIAS. Lat. In practice. A

judicial writ, founded upon some record, nnd