Unimportant legal lingo
As many times as The Legal Genealogist has said we need to read every single solitary word in our legal documents, there’s a simple truth that shouldn’t be forgotten.
It’s not all important stuff.
Some legal lingo is pure boilerplate.
It’s not worth getting ourselves in an uproar over.
And there’s one such boilerplate bit of legal lingo that you’ll often see on legal records like this one:
That’s part of one page of an 1859 marriage book from Platte County, Missouri.1 Note the indication “Sct” in the heading of the first marriage, and “SS” in the heading of the later one.
Both of those are simply short forms for the legal Latin term scilicet — as is the abbreviation “SC.”2
So… what the heck is a scilicet? And why should we not really care?
The law dictionary definition is: “To-wit; that is to say. A word used in pleadings and other instruments, as introductory to a more particular statement of matters previously mentioned in general terms.”3
See what I mean? It’s literally boilerplate — “stock language in a legal document”4 that doesn’t add a darned thing to the document itself.
Oh, I suppose in theory applying the literal terms of the legal definition it could be intended to mean Platte County, Missouri, without saying Platte County, Missouri every time.
Except, of course, when it follows the exact words “State of Missouri, County of Platte” as it does here.
Both times.
So when you see those abbreviations — “Sct” or “SS” or “SC” — in the opening lines of the legal record, remember that you’re looking at a scilicet — and that it’s simply boilerplate.
You’re welcome.
Cite/link to this post: Judy G. Russell, “That silly scilicet,” The Legal Genealogist (https://www.legalgenealogist.com/blog : posted 9 Jan 2024).
SOURCES
- Platte County, Missouri, Marriage Book B: 48; digital images, “Marriage records, 1839-1919,” FamilySearch (https://familysearch.org : accessed 9 Jan 2024). ↩
- See “Glossary of Terms,” National Notary Association (https://www.nationalnotary.org/ : accessed 9 Jan 2024). And see Henry Campbell Black, A Dictionary of Law (St. Paul, Minn. : West, 1891), 1063, “SC.” and 1117, “SS.” ↩
- Black, A Dictionary of Law, 1065, “scilicet.” ↩
- Wex, Legal Information Institute, Cornell Law School (https://www.law.cornell.edu/wex : accessed 9 Jan 2024), “boilerplate.” ↩
I get really intimidated and scared when I don’t understand the language, and it’s usually boilerplate that distracts me so much that I miss the context of the document sometimes.
I appreciate the refresher on this.
I have been trying to understand “non est inventus”. My understanding is that it should mean the person is not in the jurisdiction. Others believe that this man was deceased as it says three court orders have the word “estate” in the. Various creditors are given items, such as pork. ” “Order for attachment upon returns of non est inventus is granted Capt Tho Hill agst estate of John Cogan for 1881 pounds of porke with costs.” “Order for attachment upon returns of non est inventus is granted Hugh Davis, assigned of Capt Chas Goodrich agst estate of John Cogan for 1580 l. of tobo. with costs. If he were dead and had creditors wouldn’t they appoint an administrator to sell his belongings to pay off creditors?
Sorry for the mixed-up sentence. It should read “Others believe that this man was deceased as the court orders have the word “estate” in them.