scintilla jurisn.

Brit.

/sɪnˌtɪlə ˈdʒʊərᵻs/, U.S.

/sɪnˌtɪlə ˈdʒʊrəs/

Forms: 1600s scintilla iuris, 1600s– scintilla juris.

Origin: A borrowing from Latin. Etymon: Latin scintilla iuris.

Etymology: < post-classical Latin scintilla iuris (from 13th cent. in British sources) < classical Latin scintilla scintilla n. + iūris , genitive of iūs law (see jure n.).

Law. Now historical.

‘A spark of right’, a doctrine of property law referring to the possibility of seisin reverting to the feoffee after a feoffment has been executed in accordance with the Statute of Uses and in favour of the beneficiary; the residual right to seisin held by the feoffee in such cases.This doctrine, always considered contentious and rarely upheld in judicial decisions, was abolished in English Law under the terms of the 1860 Law of Property Amendment Act. The phrase also exists in Australian law, as a contingency of the Conveyancing and Law of Property Act of 1898.

ΚΠ

a1626 F. Bacon Learned Reading Statute of Uses (1642) 41 The second word is (cleerely) which seemes properly and directly to meet with the conceipt of Scintilla Iuris as well as the words in the Preamble of extirping and extinguishing such Feoffments.

a1648 J. Godbolt Rep. Certain Cases Courts of Rec. Westm. (1652) 320 There was Scintilla juris, as here in our Case.

a1737 N. Pigott Treat. Common Recoveries (1739) 73 Not withstanding the Opinion in Godb. yet it seems there is such a Scintilla Juris in the Tenant in Tail.

1829 S. Atkinson Pract. Treat. Conveyancing I. xiii. 154 The doctrine of the scintilla juris or possibility of seisin arises upon the limitation of springing and contingent uses.

1855 Notes & Queries 1st Ser. 12 510/2 The scintilla juris is one of the most abstruse points in our law of real property... I cannot aspire to condense..[it] without becoming unintelligible to non-legal readers.

1858 Morning Post 23 Mar. 2/1 The noble and learned lord then referred to the well-known doctrine of scintilla juris, and said that he proposed to get rid of many existing difficulties by enacting that after a conveyance was executed, every use and right in or to land shall be executed by the statute of uses as they arose, without reference to the person seized.

1908 A. F. Topham Real Property xxiii. 161 Before 1860 T was said to have a scintilla juris, or mere spark of seisin, left in him, in order that he might be ‘seised to the use’ of B when the marriage took place, and thus enable the Statute of uses to apply.

1957 R. E. Megarry & H. W. R. Wade Law Real Property v. 190 It was objected that X could never be seised to the use of B since the execution of the use in A deprived X of the legal estate. Therefore it was suggested that X retained a scintilla juris (a spark of title) on which the statute could operate a second time.

1992 Amer. Jrnl. Legal Hist. 36 78 The representational form of judicial deliberation becomes clear when judges work with such fictions as the scintilla juris that do not get at actual sparks of title but rather simply glamorize particular paradigmatic ways of behaving with land.

This is a new entry (OED Third Edition, March 2014; most recently modified version published online March 2022).

单词	scintilla juris
释义	scintilla jurisn. Brit. /sɪnˌtɪlə ˈdʒʊərᵻs/, U.S. /sɪnˌtɪlə ˈdʒʊrəs/ Forms: 1600s scintilla iuris, 1600s– scintilla juris. Origin: A borrowing from Latin. Etymon: Latin scintilla iuris. Etymology: < post-classical Latin scintilla iuris (from 13th cent. in British sources) < classical Latin scintilla scintilla n. + iūris , genitive of iūs law (see jure n.). Law. Now historical. ‘A spark of right’, a doctrine of property law referring to the possibility of seisin reverting to the feoffee after a feoffment has been executed in accordance with the Statute of Uses and in favour of the beneficiary; the residual right to seisin held by the feoffee in such cases.This doctrine, always considered contentious and rarely upheld in judicial decisions, was abolished in English Law under the terms of the 1860 Law of Property Amendment Act. The phrase also exists in Australian law, as a contingency of the Conveyancing and Law of Property Act of 1898. ΚΠ a1626 F. Bacon Learned Reading Statute of Uses (1642) 41 The second word is (cleerely) which seemes properly and directly to meet with the conceipt of Scintilla Iuris as well as the words in the Preamble of extirping and extinguishing such Feoffments. a1648 J. Godbolt Rep. Certain Cases Courts of Rec. Westm. (1652) 320 There was Scintilla juris, as here in our Case. a1737 N. Pigott Treat. Common Recoveries (1739) 73 Not withstanding the Opinion in Godb. yet it seems there is such a Scintilla Juris in the Tenant in Tail. 1829 S. Atkinson Pract. Treat. Conveyancing I. xiii. 154 The doctrine of the scintilla juris or possibility of seisin arises upon the limitation of springing and contingent uses. 1855 Notes & Queries 1st Ser. 12 510/2 The scintilla juris is one of the most abstruse points in our law of real property... I cannot aspire to condense..[it] without becoming unintelligible to non-legal readers. 1858 Morning Post 23 Mar. 2/1 The noble and learned lord then referred to the well-known doctrine of scintilla juris, and said that he proposed to get rid of many existing difficulties by enacting that after a conveyance was executed, every use and right in or to land shall be executed by the statute of uses as they arose, without reference to the person seized. 1908 A. F. Topham Real Property xxiii. 161 Before 1860 T was said to have a scintilla juris, or mere spark of seisin, left in him, in order that he might be ‘seised to the use’ of B when the marriage took place, and thus enable the Statute of uses to apply. 1957 R. E. Megarry & H. W. R. Wade Law Real Property v. 190 It was objected that X could never be seised to the use of B since the execution of the use in A deprived X of the legal estate. Therefore it was suggested that X retained a scintilla juris (a spark of title) on which the statute could operate a second time. 1992 Amer. Jrnl. Legal Hist. 36 78 The representational form of judicial deliberation becomes clear when judges work with such fictions as the scintilla juris that do not get at actual sparks of title but rather simply glamorize particular paradigmatic ways of behaving with land. This is a new entry (OED Third Edition, March 2014; most recently modified version published online March 2022). < n.a1626
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