Sci.Fa

An abbreviation of scire facias, (q.v.) SCILICET (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 Mc Clel. & Y. 277; 4 Taunt. 321; 6 Term R. 462; 2 Bos. & P. 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. SCINTILLA (Lat.) A spark; a remaining particle; the least particle. "A scintilla of equity." Henley, Lord Keeper, 1 W. Bl. 180. "There is not a scintilla of intention, upon the face of the will, to show the contrary." Lord Ellenborough, 11 East, 322. "Not a scintilla of benefit." Id.; 1 Maule & S. 509. See 6 Maule & S. 180. SCINTILLA JURIS (Lat. a spark of law or right). A legal fiction resorted to for the purpose of enabling feoffees to uses to support contingent uses when they come into existence, thereby to enable the statute of uses (27 Hen. VIII.) to execute them. For example, a shifting use; a grant to A. and his heirs to the use of B. and his heirs, until C. perform an act, and then to the use of G. and his heirs. Here the statute executes the use in B., which, being coextensive with A.'s seisin, leaves no actual seisin in A. When, however, C. performs the act, B.'s use ceases, and C.'s springs up, and he enjoys the fee simple; upon which the question arises, out of what seisin C.'s use is served. It is said to be served out of A.'s original seisin;

— for upon the cessor of B.'s use it is contended that the original seisin reverted to A., for the purpose of serving C.'s use, and is a possibility of seisin, or scintilla juris. See 4 Kent, Comm. 238 et seq., and the authorities there cited, for the learning upon this subject; Burton, Real Prop. 48, 49; Wilson, Springing Uses, 59, 60; Washb. Real Prop.