Scilicet

Scilicet in United States

Scilicet Definition

(Lat. scire, to know, licet, it is permitted; you may know; translated by “to wit,” in its old sense of “to know”). That is to say; to wit; namely. It is often abbreviated “sc.” or “sdl.” 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 diminishes the premises or habendum,, for it gives nothing of itself. It may make a restriction when the preceding words may be restrained. Hob. 171; 1 P. Wms. 18; Co. Litt. 180b, note 1. 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 see 6 Bin. (Pa.) 15; 3 Saund. 291, note 1. Stating material and traversable matter under a scilicet will not avoid the consequences of a variance (1 McClel. & Y. 277; 4 Taunt. 321; 6 Term R. 462; 2 Bos. & P. 170, note 2; 1 Cow. [N. Y.] 676; 4 Johns. [N. Y.] 450; 2 Pick. [Mass.] 223) ; nor will the mere omission of a scilicet render immaterial matter material (2 Saund. 206a; 3 Term R. 68; 1 Chit. PI. 276, even in a criminal proceeding (2 Campb. 307, note). See 3 Term R. 68; 3 Maule & S. 173.

Scilicet in Foreign Legal Encyclopedias

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Scilicet Scilicet in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

(Lat. scire, to know, licet, it is permitted; you may know; translated by “to wit,” in its old sense of “to know”). That is to say; to wit; namely. It is often abbreviated “sc.” or “sdl.” 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 diminishes the premises or habendum,, for it gives nothing of itself. It may make a restriction when the preceding words may be restrained. Hob. 171; 1 P. Wms. 18; Co. Litt. 180b, note 1. 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 see 6 Bin. (Pa.) 15; 3 Saund. 291, note 1. Stating material and traversable matter under a scilicet will not avoid the consequences of a variance (1 McClel. & Y. 277; 4 Taunt. 321; 6 Term R. 462; 2 Bos. & P. 170, note 2; 1 Cow. [N. Y.] 676; 4 Johns. [N. Y.] 450; 2 Pick. [Mass.] 223) ; nor will the mere omission of a scilicet render immaterial matter material (2 Saund. 206a; 3 Term R. 68; 1 Chit. PI. 276, even in a criminal proceeding (2 Campb. 307, note). See 3 Term R. 68; 3 Maule & S. 173.

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This definition of Scilicet is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.


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