Scire.L

To be aware of; to learn; to know., Scire facias. That you cause to be known. A writ for a defendant to appear in court on a day named to show cause why the plaintiff should not have advantage out of a matter of public record. Abbreviated set fa., and s. /. Causes execution to issue upon the matter of record, as, a judgment, recognizance, mortgage, tax lien, » Clayton v. Stonfe, & Paine, 392 X1838), Thompson, J.; Drury v. Ewing, 1 Bond, 540 (1862); Baker v. Selden, 101 U. S. 99 (1879), cases. 2 Huffman v.,Clirk, 77 N. C. 58-59 (1877), cases; 1 Greenl. Ev. § 498; 1 Whart, Ev. §§ 438, 665-67, cases. a State v. Baldwin, 36 Kan. 17-18 (1886), cases; Marshall V. Brown, 50 Mich. 148 (1883), cases; Boyle v. State. 57 Wis. 472, 478 (1883), cases. or letters patent. In so far as it is an original action the defendant may plead to it. It is often of the nature of a declaration. When founded upon a judgment, the purpose may be to revive the judgment, which from lapse of time (at common law, a year and a day) will soon be presumed to have been satisfied or released. Tlie "vvrit commands the defendant to show cause '(1) why the judgment should not be revived, and the lien contiiiued, or (3) why execution should not issue. Again, the purpose may be to make a person a party defendant, who, since the judgment was originally obtained, has become chargeable to an execution, or accountable in law for the assets of the first defendant. In either case the writ serves to continue a former,^uit to satisfaction. 1 When founded upon a non-judicial record, as, letters patent for land or an invention, the writ institutes an original action designed to annul or repeal the instrument for some legal cause, as, fraud, in the procuring or in the issuing of it. The writ has also been used to enforce the forfeiture of charters of incorporation, and the return of franchises back into the hands of the government.^ Scienter. With knowledge, knowingly; the fact of knowledge. In the Latin forms of pleadings, the emphatic word used to charge knowledge in a defendant. Has also designated the clause in a declaration or indictment which alleges such knowledge. The intention of the accused must be alleged in every part of the description of the crime where it is necessary to constitute an offense.' It is necessary to allege and prove a scienter where there is injury by a domestic animal of mischievous propensity.* The possession of other counterfeit paper by the accused at the time of passmg a counterfeit note is evidence of the scienter. '^ The scienter may be proved inductively by collateral facts,' and from previous offenses.' Scilicet. From scire licet, as one may know or learn: to wit; that is to say, namely. Abbreviated set., sc, ss. l On reviving judgments, see generally 94 Am. Deo. 222-46 (1888), cases; on making representative a defendant to suit abated by death, Porlevant v. Pendleton, 28 Miss. 36-37 (1851), cases; recognizances, United States V. Stevens, 16 F. R. 105 (1883), cases, State v. Dowd, 43 N. H. 455 (1862); order for alimony. Chestnut V. Chestnut, 77 111. 349 (1875), cases; liens, Winder v. Coldwell, 14 How. 443 (18S2). » As to patent for an invention, see Steams v. Barrett, 1 Mas. 164 (1816); United States v. Bell Telephone Co., 128 U, S. 360, 369, 371 (1888). » Commonwealth v. Boynton, 12 Cush. 500 (1853), cases; 12 Mete. 448. • Mareau v. Vanatta, 88 111. 133 (1878). 'United States v. Mitchell, Baldw. 366 (1831). Vklfllicet is now more commonly used, with the same meaning and effect. See Videlicet; Wit.