Black's Law 1st Edition - Sec. Q

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970 QUA; AB INITIO, ETC.

N

Q.o Q. B. All abbreviation or "Queen's

Bench. I

p

Q. B. D. An abbr6vjation of "Queen's

Bench Division."

Q. C. An abbreviation of uQueen' a Coun

Bel. "

Q. C. F. An abbreviation of Uquareelau,..

,um fr egit," (g. 11.)

Q Q. E. N. An abbreviation of u g u a r ~ e x e . outionem non, " wherefore execution [should]not [be issued.]

Q. S. An abbreviation tor "Quarter Ses.

siana. "

Q. T. An abbreviation ot "qui tam,"

(q. c. )

Q. ,V. An abbreviation of "quod "Ide,"

used to refer a reader to the word, chapter,etc • th e name of which i t immediately fol

lows.

QUA. Lat Considered as i in the char

acter or capacity of. Fo r example, "the trus

tee qua tr u stee [that is , in biB character as

trustee] is not liable," etc.

QU ACK. A pretender to medical skill

which he does not possessj one who practiceA

as a physician or surgeon without adequate

preparation or due qualification.

QUACUNQUE VIA DATA. Lat.

Whichever way you take it.

QUADRAGESIMA. Lat. Tbefortleth.

The first Sunday in Lent is 80 called because

it is :tbou t the fortieth day before Easter.

Cowell.

QUADRAGESIMALS.

merly made, on Mid-Lent

mother church.

Offerings for

Sunday, to th e

QUADRAGESMS. The third volumeot

th e year books of the reign of Ed ward III.So call ed because beg inning with the fortieth

year of that sovereign's reign. Crabb, Eng.Law, 827.

QUADRANS. In Roman law. The

fourth parti the quarter of any number.

measure, or quantity. H ence an heir to the

fourth part of the inheritance was calledu hlZ1"es ex guadrante. II Also a Roman coin,

being the fourth par t of an aa. equal in val-

110 to an English ha lf-penny.

In old English law. A tarthlng: •

fourth part or quarter of a peony.

QUADRANT. An angular measure of

ninety degrees.

QUADRANTATA TER R E. In old

English law. .A. measure of land, variously

described as a quarler of an acre or the fourth

part of a yard-land.

QUADRARIUM. In old records. A

stone-pit or quarry. Cowell.

QUADRIENNIUM. In the cIvil law.

Th e four-years course of study required to be

pursued by law-students before they were

qualified to stuuy the Code or collection ot

imperial constitutions. See ln st. proem.

QUADRIENNIUM UTILE. InScotch

law. Th e term of four years allowed to aminor, af ter his majority, in which he may

by suiL or action endeavor to annul any deed

to his prej udice, granted during his minority.

Bell.

QUADRIPARTITE. Divided into four

parts. A. term applied in conveyancing to

an indenture executed in four parts.

QUADROON. A. person whois descend

ed from a white person and another person

who has an equal mixture of the European

and African blood. 2 Bailey, 558.

QUADRUPLATORES. Lat. In Roman

law. Informers who, if their informa tion

were followed by con viction, h<ld U.IO four th

part of the confiscated goods for their t rou ble.

QUADRUPLICATIO. Lat. In Lb.

civil law. A pleadi ng on th e part of a de

fendant, corresponding to the rebu tter nt

common law. Th e third pleading on the

part of the defendant. Inst. 4, 14, 8 08 Bl.

Comm.310.

Qu re ab bostibus capiuntur, statim oa

pientium tlunt. 2 Bllrrows, 693. Things

which are taken from enemies imm ediately

become the property of tb e captors.

Qure ab initio inutilis f'uit institutio,

ex post facto convalescere non potest.

An institution which was at tbe beginning of

no use or force cannot acquire force from

after matter. Dig. 50, 17, 210.

Qure ab initio no n valent, ex post

facto convalescere non possunt. Things



QUlE ACCESSIONUM. ETC. 971 QUlE PRlETEll. ETC.

invalid from the beginning cannot be made

valid by subsequent act. Tray. Lat. Max.482.

Qum a.ccessioDum locum obtinent, ex-

t inguuntur cum principales res peremp·

too fuerint. Things which hold the place

of accessories are extinguished when the prin-

cipal things are destroyed. 2 Path. Obi. 202;

Broom. Max. ~ 9 6 . Qure ad unum ftnem loquuta. Bunt,

non debent ad alium detorqueri. 4Coke, 14. Those words which are spoken to

one end ought not to be perverted to another.

QUEe cohreren personre a persona se-parari nequeunt. Things which cohere to,

or ar e closely connected with, the person,

cannot be separated from the person. Jenk.

Cent. p. 28, case 58.

QUIlO communi lege derogant stricte

Interpretantur. [Statu!.sJ which derogatefrom the common law are strictly interpreted.

J enk. Cent. p. 221. caBe 72.

Quoo contra rationem juris introducta

Bunt, non debent trahi in consequen-

t iam. 12 Coke, 75. Things introduced co0 4

trary to the reason of law ought not to be

drawn into a precedent.

Qum dubitationis causs tollendm in-

seruntur communem legem non lredunt.

Co. Litt. 205. Things winch are inserted

to r the purpose of removing doubt hurt no t

the common law.

Qure dubitationis tollendm causa con-

tractibus inseruntur, jus commUDe non

lredunt. Particular clauses inse rted in

agreements to avoid doubts and ambiguity do

not prejudice the general law. Dig. 50,17,

81.

QUlE EST EADEM. La t . Which i.

tbe same. Words used for alleging that the

trespass or other fact mentioned in Lhe plea

is the same as that laid in th e declaration.

where. from the circumstances. there is anappa rent difference between the two. 1

Chit. Pl . *582.

Quoo in curia regis acta aunt rite ag i

prresumuntur. 3 Buist. 48. Things done

in the king'. eourt are presumed to be right.

ly done.

Qure in partes dividi nequeunt solida

a. sin gulls prrestantur. 6 Coke,!. Serv.

h!eS which are incapable of division are to be

performed in whole by each individual.

Qum in testamento it a sunt scripta

ut intelligi non possint, perinde sunt

ae si scripta non essent. Thing! which

are so w r i ~ t in a will that tbey cannot be

understood, are tbe same as if they had not

been written at all. Dig. 50.17,73,3.

Quoo incontinenti flunt inesse video·

tur. Things wbich are done incontinently

[or Simultaneously with an act] are supposed

to be inherent [i n i t ; tobea cODstituent part

of It.J Co. Litt. 236b. .Qum inter alios acts Bunt nemini no -

cere debent, sed prodesse possunt . 6

Coke, 1. Transactions between strangers

ought to hurt no man. bu t may benefit.

Quoo legi communi derogant non Bunt

trahenda in exemplum. Things deroga.

tory to the common law are not to be drawn

into precedent. Branch. Princ.

Quoo legi communi derogant striete in ·terpretantur. J enk. Cent. 29. Those

things which ,are derogatory to the common

law are to be strictly interpreted.

Qure mala. sunt inehoata in principio

v ix bono peraguntur exitn. 4- Coke. 2.

Things bad in principle at the commencement

seldom achieve a good end.

QUlE NIHIL FRUSTRA. Lat.Which [does or requires] nothing in vain.

'Which requires nothing to be done, that is,

to no purpose. 2 Kent. Comm. 53.

Qum non fieri debent, facta valent.

Things which ought not to be done are held

valid when they have been done. Tray. Lat.

Max. 484.

Quoo non valeant singula, juncta ju -

vant. Things which do not avail when sep-

arate. when joined avail. 8 Dulst. 132;

Broom. Max. 588.

QUlE PLURA. Lat. In oid Engiishpractice. A writ which lay where au inqui-

sition had been made by an escheator in any

county ofsucb lands or tenements as any man

died seised of. and all that wa.e in his posses-sion was imagined not to be found by the office;

the writ commnnding the escheator to in ·

quire what more (qure plural lands an d ten 4

ements the party held on the day when he

died. etc. Fitzh. Nat. Brev . 255a; Cowell.

Quoo prmter consuetudinem at morem

maJorum ftunt neque plaeent neque recta.

videntur. Things which are done contrary

to the custom of our ancestors neither please

nor appear right. 4 Coke. 78.



QUlE PROPTER, ETC. 972 QUESTIONES PERPETUlE

N Q u ~ propter necessltatem recepta

sunt, Don debent in argumentum trahi.

Things which are admitted on the ground ot

necessity ought not to be drawn into quesw

o ion. Dig. 50, 17,162.

Qum rerum na.tura. prohibentur nulla

lege condrmata Bunt. Things which are

forbidden by the Dature of things are [can

Pbe] conlirmed by no law. Branch, Prine.

Positive laws afe framed af te r the ht.ws of

nature and reason. Finch. Law, 74.

Quoo singula non prosnnt, juncta juw

Qvant . Things which taken singly are of no

avail afford belp when taken together. 'rray.

Lot. Max. 486.

Quw Bunt minoris culpoo sunt mf:\jorislnfamire. [Offenses] which are ot 8 lower

grade of guilt are of a higher degree of in

fHmy. Co. Litl. 6b.

Qu recunque intra rationem legis In-

veniuntur intra. legem ipsam esse judi-

cantur. Things wbicharefound within the

reason of a law are supposed to be within the

law itself. 2 Inst. 689.

Qurelibet concessio domini regis capi

d ebet strlcte contra dominum regem.

quando potest intelligi duabus viis. 3

Leon. 243. Every grant of. our lord the

king ought to be taken strictly against our

lord the king, when it can be understood in

two ways.

Queelibet concessio fortissime contra

donatorem interpretanda est. Every

grant is to be interpreted most strongly

against the grantor. Co. Litt. 183a.

Quoolibet jurisdictio cancellos 8UOS

habet. Jenk. Cent. 137. Every jurisdictionbas its own bounds.

QureUoet pardonatio debet capi se -

cundum intentionem regis, at Don ad

.:ieceptionem regis. 3 Buist. 14. Every

pardon ought to be taken according to Lhe

intention of the king. and not to the deception of the king.

Qurelibet p03na corporalis, quamvis

minima, major es t qualibet peena pecu-

uiaria. 3 lost. 220. Every corporal pun-

ishment. although the very least, is greater

than any pt!cuniary punishment.

Qureras de dubiis legem bene diseere

81 vis. Inquire into doubtful pOints if youwish to understand the law well. Litt.

§ 443.

QUlERE. A query; question; doubl

This word, occurring in the syU ,t1..>us ot a re-

ported case or elsewhere, shows that a question is propounded as to what follows, or

that the particular rule, decision. or state.

ment is: considered as open to question.

Qurere de dubiis, quia per rationes

pervenitur ad legitimam rationem. Inquire into doubtful pOints. because by rea

soning we arrive at legal reaSOD. Litt.

§ 377.

QUlERENS. A plaintlfl; tbe plaintlfl.

QUlERENS NIHIL CAPIAT PER

BILLAM. The plaintiff shall take nothing

by bis bill. A. form of judgment for tbe defendant. Latch, 133.

QUlERENS NON INVENIT PLE·

GlUM. L. Lat. The plaintiff did not find

a pledge. A return formerly made by asheriff to a writ requiring hi m to take secu

rity of the plaintiff to prosecute his claim.

Cowell.

Qurerere dat s&pere qum sunt legitima

vere. Litt. § 443. To inquire into tbem,

is the way to kuow what things ace truly

lawful.

QUlESTA. AD indulgence or remission

of penance, sold by the pope.

QUlESTIO.In

Roman law. Ancient-ly a species of commission granted by the

comitia to one or more persons for the pur

pose ot inquiring into Borne crime or public

offense and reporting thereon. In later

times, the qucestio came to exercise plenary

criminal jurisdiction, even to pronouncing

sentence, and then was appointed periodical

ly, and eventulllly became a permanent com

mission or regular criminal tribunal, and

was then called "quasUo perpetua." SeeMaine, Anc. Law, 369-372

In medieval law. The question; the

torture; inquiry or inquisition by inflictingthe torture.

. QUlESTIONARII. Those who carried

quasta about from door to door.

QUlESTIONES PERPETUlE. In Ro·

man law, were commissions (or courts) of

inql1isition into crimes alleged to have been

committed. They were culled "perpetua."

to distinguish them from occasional i n q u i s itions. and because they were permanent

courts t'or the trial of offenders. Brown.



QU1E5TOR 978 QUALITY

QU1ESTOR. Lat. A Roman magistrate,

whose office i t was to collect the public rev

enue. Varro de L. L. iv, 14.

QUlElSTOR SACRI PALATII . Lat.

Qures tor of the sacred palace. An officer of

th e imperial court at Constantinople. with

powers and duties resembling those ot a

chancellor. Cnlvin.

Q U lESTUS. That estate which a man

bas by acquisition or purchase, in con t radis

tinction to U han"editas, " which is wbat be has

by descent. GlaD. I, 7. c. 1.

QUAKER. This, in England, is the

statutory as well as the popular, name of a

member ofa religious society. by themselves

denominated "Friends. t

QUALE JUS . Lilt. Inold English law.

A judicial writ. which lay where a man of re

ligion bad juugment to recover land before

execution was made of the jUdgment . 1twent forth to tb{\ escbeator between judg-

ment and execution, to inqllire what right

tb e religious person hatJ to recover. or whether

the judgment were obtained by the collusion

of the parties, to the intent that the lord might

not be defrauded. Reg. Jud. 8.

QUALIFICATION. The possession by

an individual of tbe qualities, properties, or

circumstances, natural or adventitious , which

are inherently or legally necessary to render

him eligible to fill an office or to perfortp. a

public duty or function. Thus, tbe owner·

sh ip of a freehold estate may be made the

qualification of a voter; 80 tbe possession of

a certain amount of stock in a corporation

may be th e qualitlcation necessary to enable

one to serve on its board of directors.

Qualification for oIDce is u. endowment., or aooomplishment that fits for an omee; having thelega.l requisites, endowed with qualities suito.blefor the pu rpose." 64 Mo. 89.

Also a modi Hcation or limitation of terms

or language; usually intended by way of re

striction of expressions which, by reason of

their generality. would carry a larger mean·

ing than wa s designed.

QUALIFIED. Adapted; fitted; entitled;

RI an elector to vote. Applied to one who

bas taken the steps to prepure bimself for an

appointment or office. as by taking oath. giv-

ing bond, etc. Pub. St. Mass. p. 1294.

Also limited; restricted; confined; modi4

tied; imperfect. or temporary .

The term is also applied in England to a

person who is enabled to bold two benefices

at once.

QUALIFIED ELECTOR means a per.

eon who is legally qualified to vote. while a

"legal voter" means a qualified electo r who

does in fact vote. 28 Wis. 358.

QUALIFIED FEE . In English law. A

fee having a qualification subjoineu tbereto .

and which must be determi ned whenever the

qualification annexed to i t is at, an end ; oth·

erwisetermed. a "base fee. " 2 HI. Comm.109;

1 Steph. Corum. 225. An interes t which may

continue forever, but is liable to be deter·

mined, without the aid of a conveyance. by

some ac t or event, circumscribing it s contin·

uance or extent. 4 Kent, Comm. 9.

QUALIFIED INDORSEMENT. A

transfer of a bill of exchange or promissory

note to an indorsee, without any liability to

the indorser. The words usually employed

fo r this purpose are "sam recours," without

recourse. 1 Bou v. Inst. no. l1SI:i.

QUALIFIED OATH . A circumstanttal

oath.

QUALIFIED PROPERTY . A tempo.

raryor special interest in a thing. liable to be

totally divested on the happening ot some

particular event. 2 Kent, Comm. 347.

Such property as is no t in it s nature per.

manent. but may sometimes su bsist. and at

other times no t subsist; e. g .• the property

which a man may have in wild animals which

he has caught and bolds, and which is only

coterminous with his possess ion, or the lim.

ited an d special pr operty of a bailee orpledgee. 2 BI. Oornm. 391- 396.

QUALIFIED VOTER. . l person qual·

ified to vote genera lly . 9 Colo. 629, 21 Pac.

Rep. 473. A person qualified and actually

voting. III U. S. 565,4 Sup. Ct. Rep. 539 .

QUALIFY. To make one's self ti t or pre-

pared to exercise a right, office, or franchise.

To take the steps necessary to prepare one's

self for an office or appOintment, as by taking

oatb, giving bond, etc. Pub. St . Mass. p.

1294.

Also to limit; to modify i to reRtrict. T h u s ~ i t is said that on e section of a statute quali.

fies another.

Qualitas quoo inesse debet, facile prreBumitur. A quality which ought to form a

part is easily presumed.

QUALITY. In respect to persons, this

term denotes comparative rank; state or con·

dition in relation to others; social or civil

position or class. In pleading. it means aD



QUALITY OF ESTATE 974 QUANDO DISPOSITIO, ETC.

N attribute or characteristic by which one thing

is distinguished from another.

QUALITY OF ESTATE. The period

Owhen, and the manner in wh ich. the right ot

enjoying aD estate is exercised. I t Is of tw o

kinds: (1) The period when the right of eo-

joying an estate is conferred upon the own er.

wh ether at present or in future; and {2} thep manller in which the ow ner ' s right of enjoy

ment of bis es ta te is to be exercised, whether

801ely. jointly, in comlllon, or in coparcenary.

Wharton.

QQuam langum debet esse rationabile

tempus non definituf in lege, Bed pen .

det ex di scretione ju sticiariorum. Co.

Litt. 56. I-Jow long 1'easonable time ollght

to bA. is no t defined by law, bu t depends uponthe discretion of th e judges.

Quam rationabilis debet esse flnis,

non definitur, se d omnibus circumstan-tiis inspectis pondet ex jnstiClariorum

dis9retione. 'What a reasonable fine oughtto be is not defined. Imt is left to the discre

tion of the judges, all the circumstances

lng considered. 11 Coke, 44.

QUAMDIU. Let. As long as; so long

as. A word of limitation in old conveyances.

Co. Litt. 235a.

QUAMDIU SE BENE GESSERIT.

As long as he shall behave himself well; dur-

in g good 4ehavior; a clause fr equ ent in let

tbrs pa tent or gran ts of certain offices, to se

cu re th em so long as the persons to whom

th ey are granted shall no t be gu ilty of abus-

in g tltem, the opposi te clauso being " dUTa"te

bene placito. II (during the pleasure of the

grantor. )

Quamvis aUquic per sa non sit ma-

lum, tamen, si sit mali exempli, non est

faciendum. Although a t hing may no t be

bad in itself . yet, if i t is of bad exa mple, i t

Is not to be done. 2 Inst. 564.

Quamvis lex generaliter loquitur, re-

stringenda tamen est, ut, cessante ra-tione, ipsa cessat. Although a la W speaks

generally. ye t it is to be rest ra ined, so that

when its reason ceases, it should cease also.

4 In8t. 330.

Quando abest provisio partis, adest

provisio legis. When the provision or the

party is wanting, the provision or th e law is

• t hand . 6 Yin. Abr. 13 C. B. 960.

QUANDO ACCIDERINT. Lat . Wh en

th ey shall come in. 'l'lIe na me or a judgment

80metimes giTen a g a i n ~ en executor, P,S-

pecially on a plea of plene administravit,

which empowers t.be plaintiff to have the

benefit of assets \V hich may at an y time there

after come to the hands of the exeeu tor.

Quando aliquid mandatur, mQndatur

et omne per quod pervenitur ad illud.

5 Coke, 116. When anything is commanded,everything by which i t can be accomplishedis also commanded.

Quando aliquid prohibetur ex directo,

prohibetur et per obliquum. Co. Litt.

223. When anything is prohibited di rec tly,

it is prohibited also indirectly.

Quando aliquid prohibetur, prohibetur

et orone per quod devenitur ad illud.

When a nyth ing is prohibited, everything by

which itis reached is prohibited also. 21nst.

48. That which cannot be done directly shall

no t be done indirectly. Broom, Max. 489.

Quando aliquis aliquid concedit, con-

cedera videtur et id sine quo res uti

non potest. 'Vhen a person gran ts any-

thing, he 1s supposed to grant that also with-

ou t wbich the thing cannot be used. 3 Kent,

Comm. 421. 'Vhen the use or a thing is

grantt!d, everything is granted by which the

grantee ma y have an d enjoy such use. ld .

Quando charta continet generalem

clausulam, posteaque descendit ad v e r ~ ba.. sp ecialia qure clausuHB generaL

sunt consentanea, Interpretanda estcharta secundum verba specialia. )Vllen

a deed contains a general clause, an d after

wa rds descends to sp ecial words which are

agreeable to the general clause, the deed is to

be in terpreted according to the special words.

8 Coke, 154b.

Quando de una et eadem re duo one-

rabiles existunt, un us , pro insufficlen-

ti a alterius, de integro onerabitur.

When there are two persoDs Haole for ODe

an d the same thing, one of them, in case of

default of tbe other, alJaH be charged Withthe whole. 2In8t.277.

Quando dispositio referri potest ad

duas res ita quod secundum relationem

unam vitietur et secundum alteram

utills sit, tum facienda es t relatio ad

illam ut valeat dispositio. 6 Coke. 76.

'Vhen a disposition may refer to two things,

80 that by the former i t would be vitiated•

and by th e lat ter i t would be preserved, th en

the rel at ion is to be made to the latter. se

that th e dispos it ion may be valid.



QUANDO DIVERSI, ETC. 975 QUARANTINE

Quando diversi desiderantur actus ad

sliquem statum perllciendum, plus re -

spicit lex actum originalem. When dif-ferent acts are required to the formation ofany estate, the Isw chiefly regards the origi-

nal act. 10 Coke. 49a. When to the per-

fection of an estate or interest divers acts or

things are requisite, the law bas more regard

to the original act, for that is the fundament-

al part on which all the others are founded.Id.

Quando jus domini regis et Bubditi

concurrunt, JUB regis pr89ferri debet.

9 Coke, 129. When the right 01 king aud of

subject concur, the king's right should be

preferred.

Quando lex aliquid alicui concedit,

concedere videtur et id sine quo res

ipS93 essa non poteat. Seoke.47. Whenthe law gives B man anything. i t giva<t him

that also without which the thing itself c a n ~ not exist.

Quando lex aliquid alieui eoneedit,

omnia ineidentia. tacite eonceduntur.

2 lnst. 326. When the law gives anything

to nny one. all incidents are tacitly given.

Quando lex est specialis, ratio autem

generalis, generaliter lex est intelligen·

da. 'Vilen a law is speCial, bu t it s reason

[o r object] general. the law is to be u n d e r ~ stood generally. 2 lnst. 83.

Quando licet id quod maju8, videturet lieere id quod minus. Shep. Touch.

429. 'Vhen the greater is allowed. the less

is to be understood as allowod olso.

Quando mulier nobills nupserit igno.-

bili, desinit esse nobilis nisi nobilitas

nativa fuerit. 4 Coke, 118. When a noble

woman marries a man not noble, she ceases

to be noble. unless her nobility was born

with ber.

Quando plus fi t quam fieri debet,

videtur etiam illud fieri quod facien.

dum est. 'V hen more is Qone thlln ought

to be done, that at least shall be considered

ns performed which should llave been per-

formed. [as. if a mnn, having a power to

make a lease fo r ten years. ma.ke o n ~ for

twenty years. it shall he void only for the

Burp!us.] Broom, Max. 177; 5Coke,115; 8Coke, 85a.

Quando quod ago no n valet ut ago.

valeat quantum valera potest. When

that which I do does no t bave effect sa I

do It , le t It bave as much e!fect a. !t can. 16

Johns. 172, 178; 8 Barb. Ch. 242, 261.

Quando res non valet ut ago, valeat

quantum va.lera poteat. When n thing 1s

of no effect as I do it. it shall have effect sa

far as [o r in whatever way] it can. Cowp.

600.

Quando verba at menl congruunt,non est 1nterpretationi locus. 'Vben the

words and the mind agree, there is no place

for interpretation.

Quando verba statuti aunt specialia,

ratio autem generalis, generaliter statu-

tum est intelligendum. 'When the words

of a statute are speCial, but the reason or ob-

ject of i t general, the statute is to be con-

strued generally. 10 Coke. lOlb.

Q U A N T I MINORIS. The name of

an action in the civi l law. (and in Louisi:l.oa.)

brought by the purchaser of an article, for areduction of the agreed price on account of

detects in the thing which diminish ita value.

QUANTUM DAMNIFICATUS? How

much damnified? The name of an issue di.

rected by a court of equity to be tried in a

court of law, to ascertain theamouotof com .

pensation to be allowed for damage.

QUANTUM MERUIT. A. much as h.

deserved. In pleading. Th e common count

in an action of assumpsit for work and la.

bar. founded on an implied assumpsit or

promise on the part of the defendant to paythe plaintiff Q.I much as he reasonably de-

served. to have for his labor. 8 Bl. Comm.

1O!; 1 Tidd. Pro 2.

Quantum tenens domino ex ho m agio,

tantum dominus tenenti ex dominio '

debet prooter Bolam reverentiam; mutua

debet esse dominii et homagii fidelita·

ti s connexio. Co. Litt. 64. As much as

the tenant by hi s homage owes to bi s lord,

80 much is the lord. by his lordship. indebted

to the tenant. except reverence alone; th",

tie of dominion and of homage ougbt to be

mutual.

QUANTUM VALEBANT. As much

3S they were worth. In pleading. The com·

man count in an action of assumpsit for

goods sold and delivered. founded on an im·

plied assumpsit or promise, on the part ot

the defendant, to pay the plaintiff as much

as the goods were reasonably woTth. 3 Bl.

Corum. 161; 1 Tidd, Pr . 2.

QUARANTINE. A. period 01 time (theo.

retically forty days) during which a. vessel.



QUARANTINE 976 QUARTER-DOLLAR

N corning from a place where a contagions or

infectious disease is prevalent. is detained by

authority in the harbor of ber port of desti

nation. or at a station near it, without beingo permitted to land or to discharge her crew or

passengers. Quarantine is said to have been

first established at Venice in 1484. Baker.

Quar.3.

In real property. The space of forty

P days during which a widow bas a right to re

main in her late husband's principal mansion

immediately after his death. The right of the

widow is also called ber "quarantine. OJ

Q QUARE. Lat. Wherefore; for what rea

son; on what account. Used in the Latin

for.m of several common-law writs.

QUARE CLAUSUM FREGIT. Lat.

Wherefore he broke the close. That speciesof the action of trespass whicb has for it s ob

ject the recovery of damages for an unlawful

entry upon Ruother's land is termedII

trespass quare clausum f1'egit i" II breaking aclose" being the technical expression for an

unlawful e-ntry upon land. Th e language of

the declaration in this form of action is l< that

the defendant, with force and arms, broke

an d entered the close" of th e plaintiff. Th e

phrasa is often abbreviated to II qu ocl. fr . "Brown.

QUARE EJECIT INFRA TERMI

NUM. Wherefore he ejected within the

term. In old practice. A writ which lay

for & lessee where he was ejected before the

expiration of bis term, ill cases where the

wrong-doer or ejector was no t himself in pos

session of the lands, but his feoffee or an·

other claiming u n d ~ r him. 3 Bl. Comm.199,

206; Reg. Orig. 227; Fitzh. Nat. Brev.

197 S.

QUARE IMPEDIT. Wherefore he hin

ders. In English practice. A writ or action

which lies for the patron of an advowson,

where he has been disturbed in llis right of

patronage; so called from tb e emphatic words

of the old form. by which the djsturber was

summoned to answer why he hinders theplaintiff. 3 BI. Comm. 246. ~ 4 8 .

QUARE INCUMBRAVIT. In English

law . A writ which lay against a bishop

who, within six months after tlle vacation of

B benefice, conferred it on bis clerk. while

two others were contending at law for the

right ot prerientation, calling upon him to

show cause why he had inCllmbE'red the

church. Reg . Orig. 32. Abolished by 3 &, 4

Wm. IV . c. ?7

QUARE INTRUSIT. A writ that for

merly lay where tb e lord proffered a suitable·

marriage to his ward. who rejected it , and

entered into the land. and married another,

the value of his marriage no t being satisfied

to th e lord. Abolished by 12 Car. II. c.24.

QUARE NON ADMISIT. In English

law. A writ to recover damages against a

bishop who does not admit a plaintiff's clerk.It is. however. rarely or never necessary; for

it is said that a bishop. refusing to execute

the writ ad admittendum clericum, or mak .

iog an insufficient return to it, may be fined.

Wals. Cler. Law. 302.

QUARE NON PERMITTIT. An an

cient wl'it. which lay for one who bad a right

to present to a church for a turn against the

proprietary. Fleta, 1. 5, c. 6.

QUARE OBSTRUXIT. Wherefore h.

obstructed. In old English practioe. A writ

which lay for one who, baving a liberty to

pass through his neighbor'S ground, could not

enjoy bis right becanse the owner had so ob

structed it . Cowell.

QUARENTENA TERRE. A furlong.

Co. Lltt. 5b.

QUARREL. This word 10 said to extend

not only to real and p ~ r s o n a l actiolls, but also

to th e causes of actions and snits; 80 that 'by

the release of all "quarrE'ls," no t only ac

t ions pending. bu t also causes of action and

suit. are released; and "quarrelS," "contl'Oversies," and "debates" are in law consid·

ered as having the same meaning. Co. Litt.

8. 153; Termes de la Ley.

QUARRY. In mining law. An open

excavation where the works aTe visible atthe surface; a place or pit where stone. slate,

marble, etc., is dug ou t or separated from 8

wass of rock. Bainb. Mines, 2.

QUART. A liquid measure, containing

one-fourth part of a gallon.

QUARTER. The fourth part of a thing.especially of a year. Also a length of fom

inches.

QUARTER-DAY. The four day. in the

year upon which, by law or cnstom, moneys

payable in quartel'·yearly installment. are

collectible, ar e called (I quarter-days."

QUARTER-DOLLAR. A siver coin of

the United States, of the value of twenty·

five cents.



QUARTER-EAGLE 977 QUASI CORPORATIONS

QUARTER-EAGLE. A gold coin of

the United State., of the value of tw o and a

half dollars.

QUARTER OF A YEAR. Ninety-one

dayo. Co.I.itt. 135b.

QUARTER-SALES. lnNew York law.

A species of fine on alienation. being one

fourth of the purchase mODey of an estate.

which is stipulated to be paId back on aliena

tion by the grantee. The expressions "tenth

sales." etc., are also used. with similar mean

Ings. 7 Cow. 285.

QUARTER SEAL. In Scotch law. A.

seal kept by the director of the chancery; in

shape and impression the fourth part of the

great seal, and called in statutes the" testi

monial" of the great senl. !:Sell.

QUARTER SESSIONS. In English

law. A criminal court beld before two or

more justices of the peace. (one of whommust be of the quorum,) in every county.

once in every quarter cfayear. 4: BI. Comm.

271; 4 Stepb. Comm. 335.

In American law. Courts established

in some of the states, to be bolden four times

in th e year, invested wiLh criminal jurisdic

tion, usually of offenses less thun felony, an d

som etimes with the cbarge of certain a t l r u i n ~ tstrative matters, such as the care of public

roads and ltridges.

QUARTERING. In English criminal

law. The diyiding a criminal'S body intoquarters, after execution. A part of the pun

ishment of high treason. 4 ill. Corum. 93.

QUARTERING SOLDIERS. The actof a government in billeting or assigning

loldiers to private houses, without the e o n ~ Bent of the owners of such bouses, and re

quiring such owners to supply them with

board or IQ(Jging 01' both.

QUAR'l 'ERIZATION. Quartering of

criminals.

QUARTERLY COURTS. Aoystem of

eourts in Kentucky possessing a limited orig_inal jurisdiction in ciVIl cases and appellate

jurisdiction from ju stices of the peace.

QUARTO DIE POST. Lat. On tbe

fourth day after. Appeamnce day, in th e

tormer English practice, the defendant being

sHowell four days, inclusive, from the return

gf the writ. to make hie appearance.

QUASH. To overthrow; toabate; to a n ~ nul; to make void. Spelman; S Bl. Comm.

803.A.lI.DIOT.LA.w--62

QUASI. Lat. As it; as It were; an.l·

ogous to . This term is used in legal phrase

ology to indicate that ODe subject resemblf's

anolher. with which i t is compared, in ce rtain

characteristics. bu t that there are also in·

trinsic differences between them.

I t is eXClusively a term ot classification. Pre.fixed to a term of Roman law, it implies tbat the,>

conception to which It serves as an index is connooted with the conception with which th e comparison is instituted by a. strong superficial Rnal·

ogy or resemblance. I t negatives the uotion otidentity, bu t points ou t that th e conceptlons aresufficiently similar to r one to be classed as thesequel to the other. Maine, Anc. Law, 882. Civilians use the expressions "q!tust contractus, It

"qurlSL delictum," "quas! possesBio," "QuasitradUio," etc.

QUASI AFFINITY. In th e civil law.

Th e affinity which exists between tw o per

suns, one of whom has been betrothed to a

kinsman of the other, but who have never

been man-ied.

QUASI CONTRACT. In tb e civil law.

A contractual relation arising ou t of trans.

actions between the parLit's which give them

mutual rights and obligations, bu t do not i n ~ volve a specific and express convention or

agreement between tuem; a species of i l l l .

plied contract.

Quaai contracts are the lawful and purely

voluntary acts of a man, from which there

results any obligati on whatever Lo a third

person, and sometimes a reCiprocal obligationbetween thf;l parties. Civil Code La. art.

2293.

Persons who have not contracted with each

other are oCten regarded by the Roman law,

under a certain sLate of facts, as if they had

actually concluded a convention between

themselves. The legal relation which then

takes place between these persons, whicll has

always a simiiariLy to a contract obligation,

is therefore termed Uobligatio quasi ex c o n ~ tracht. " Such a relation arises from the

conduct ing of affairs without authority.

(negotiorum gestio,) from the payment of

what was no t due, (solutio indebiti.) from

tutorship ant.! curatorship, and from taking

possession of an inheritance. M'lckeld.

Rom. Law, § ~ 9 1 . QUASI CORPORATIONS. Organ iza

tions resembling corpomtions; municipal so-

cieties or Similar bodies which, though not

true corporations in all respects, are yet rec.ognized, by stututes . or immemorial usage,

as persons or aggregate corporations, with

precise duties whicb may be enforced, and

privileges \\'hicbmay be waintained, by suitl



QUASI CHIMES 978 QUASI PUHCHASE

Nat law. They may be considered quasi c o r ~ porat ions, with limited powers, co-extensive

with the duties imposed upon them by sLat

ute or usage, bl l t restrained from a general

[) ns e of th e llutllOrity wbich belongs to those

metapllysical persons by the common law.

13 Mass. 199.

QUASI CRIMES. This term embracesD 811 offenses no t crimes or misdemeanors, bu t

• that are in the nature of crimE'ls ,-a class of

offenses against the public which have not

been declared crimes, bu t wrongs against the

general or local public which i t is proper

QIbouid be repressed or punished by forfeit

'ures and penalties. This would enlbrace aU

qui tam actions and forfeitures imposed for

th e neglect 01' violation of a public duty . A

quaSi crime would Hot embrace an indicta

ble offense, whatever m i g h ~ be it s grade, bu t

Bimply forfeitures for a wrong done to the

public, whether voluntary or inVOluntary,wbere a penalty is given. whether recover

able by criminal or civil process. 68 Ill. 375.

QUASI DELICT. In tbe civil law. An

ac t whereby a person, without mali ce. but by

fault, negligence. or imprudence not legally

excusaule, causes injury to another.

They were four in number, viz.: (1) Qw£1udexlitem suum. fcctt, being the offense of partiality

Ot' excess in the judex. (juryman;) e. g" in assessing th e damages at a figure in excess of the extreme limit permitted by th e formula. (2) De-Jectum effusumveaMqwid, being th e tort. committe d by one's servant in emptying or throwingeomethillg ou t of an at tic or upper story upon aperson passingbeneatb. (8) Damnuminfectwm,

being th e offense of banging dangerolls articles

over the beads of persons passing along th e king's

highway. (4) 1'orts committed by one's agents(e. g., stable·boys, shop-managers, etc.) in the

course of their employment. Brown.

QUASI DEPOSIT. In the law of bail,ment. A kind of implied or involuntary de

pOSit. which takes place where a party comes

lawfully to th e possesSion of another per

Bon's property, by finding it. Story, Bailm.

§ 85.

QUASI DERELICT. In admiralty law.When a vessel, without being abandoned. is

no longer under th e control or di rect ion of

those 011 board, (as where part of the crew

are dead. and the remainder are physically

and mentally incapable of prOViding for their .

own safety,) she is said to be quasi de1'elict.1 Newb. adm . 449.

QUASI EASEMENT. An "easement,"

in the proper sense of the word, can only ex-

1st in ;espect of two adjoining pieces of land

ocxupied by different persons, and can only

impose a negative duty on the owner of the

servient tenement. Hence an obligation on

the owner of land to repair the fence be

tween his and his neighbor's land is not atrue

easement, bu t is sometimes called a "quasi

easement." Gale. Easem. 516; Sweet.

QUASI ENTAIL. An estate pur autre

vie may be granLed. no t only to a man andhis heirs, bu t to a man and the hei rs of his

body. which is termed a "qu.asi entail;" the

interest so granted not being properly an es

tate-tail. (for th e statute De Donis applies

only w h e r t the subject of the entail is an es

tate of inheritance, ) bu t yetsofar in the nat

ure of an estate-tail that it will go to the

heir of the uody 1\S special occupant during

the life of the cestui que vie, in the same

manner as an estate of inileritallce would

desce nd, if limited to the grantee an d the

heirs of his body. 'Yharton.

QUASI FEE. An estate gained by

wrong; fot' wrong is unlimited and unCOll-

tained within rules. Wharton.

QUASI OFFENSE . One which is im

puted to the person who is responsible for

it s in j urious consequences. no t because he

himself committed it . bu t because the perpe

trator of it is presumed to have acted under

his com mands.

QUASI PARTNERS. Partnersoflands.

goods, or chattels who ar e no t actua l part

ners are sometimes 80 called. Path. de So

ciete, App. no. 184.

Q U A S ~ PERS O NALTY . Things

which are movable in point of law, though

fixed to things real. either actually. as em

blemen ta. (fructus indu.st1'iales.) fixture!:!,

etc, j or fictitiously. as chattels·real. leases

fo r years, etc.

QUASI POSSESSION is to . right what

possession is to a thing; i t is the eXercise 01'

enjoyment of the right. not necessarily the

continuous exercise, bu t such an exercise as

shows an intention to exercise it at any timewhen desired. Sweet.

QUASI POSTHUMOUS CHILD. IIIthe civil law. On e who, born during the

life of his grandfather or other male ascend

ant, was not bis heir at the time he made his

testament, but who by the deat h of his fa

ther became his heir in bis life-time. lnst.

2, 13, 2j Dig. 28, 3, 13.

QUASI PURCHASE. In the civil law.

A purchase of property no t founded on the

actual agreement of the parties. bu t on COD-



QUASI REALTY 9i9 QUEEN'S ADVOCATE

duet of the owner which is inCoDatatent with

any other hypothesis than that be intendoo. a

sale.

QUASI REALTY. Things which are

fixed in contemplation of law to realty, but

movable in tllemseives, as beil-looms. (or

limbs of th e inlleritance,) title-deeds, court

rolls. etc. Wharton.

QUAS I TENANT AT SUFFER

ANCE. An under-tenant, who is in posses

sion at the determination of an original lease,

an d is permitted by the reversioner to bold

over.

QUASI TORT, though not a recognized

term of English law, may be conveniently

used in those cases where a man who has not

committed a tort is liable 88 if be bad. Thus,

a master is liable for wrongfUl acts done by

his servant in the course of his employm ent .

Broom, Com. Law, 690; U nderh . Torts, 29.

QUASI TRADITIO. In tb e civil law.

A supposed or implied delivery of propert y

from one to another. Thus, if the purchaser

of an article was already in possess ion of it

fore the sale, his continuing in possession is

considered aB equivalent to a fresh delivery

of it . delivery being one of the necessary ele-

men tsof a sale ; in other words, a quasi tra-

ditio is predicated.

QUASI TRUSTEE. A person who reaps

a benefit from a breachof

trust, and so be·comes ans werable as a trustee. Lewin,

Trusts, (4th Ed.) 592, 638.

QUASI USUFRUCT. In th e civil law .

Originally the usufruct gave no right to the

suustance of the thing, and consequently

none to its consumption; hence only lin in

consumable thing could be the object of it ,

whether movable or immovable. But in lat..

er times the right. of usufruct was, by anal·

ogy, extended to consumable things, and

therewith arose the distinction between true

an d quasi usufructs. See Muckeld. Hom.

Law, § 307.

QUATER COUSIN. A cousin In tb .

fourth degree. .. The very name of • cater 'or (as it is more properly wrote) • qua ter'cousins js grown into a proverb, to express,

by way of irony, the last and most trivial

degree of in t imacy and regard. " BI. La w

Tracts, 6.

QUATUOR PEDIBUS CURRIT. Lat.

I t runs upon four feet; it run. upon all fours.

See ALL-FOURS.

QUATUORVIRI. In Roman law. :Mag.istrate! who bad the care and inspection 01

roads . Dig. I, 2, 3, 30.

QUAY. A wharf for the loading or un.

loading of goods carried in ships. Tbis word

is sometimes spelled "key. o

The popular and commercial signification of the

word "quay" involves the no t ion of a space ofground appropriated to the public US6 j such useas the convenience of commerce requires. 10 Pet.

662,715.

QUE EST LE MESME. L. Fr. Whicb

is the same. A. term used in action. ot tres·

pass, etc. See QUlE EBT EADEM.

QUE ESTATE. L. Fr. Wbose estat .

A term used in pleading , particularly in

claim ing prescription, by which it is aJleged

that the plaint iff and th ose form er owners

whose estate he has have immemorially exer

cised the right claimed. This was called

"prescribing in a gUIJ es tate."

QUEAN. A worthless woman; a atrum·

pet. Obsolete.

QUEEN. A woman who possesses the

sovereignty and royal power in a country un·

der a monarchical form of government. The

wife of a king.

QUEEN ANNE'S BOUNTY. Afund

created by a charter of Queen Anne, (can·

firmed by St. 2 Ann. c. 11,) for the augmen·

tation of poor livings, conslsting of aU the

revenue of first fruits and tenlhs. which wasvested in trustees forever. 1 BI. Camm. 286.

QUEEN CONSORT. In Englisb law.

Th e wife of a reigning king. 1 BI. Carom.

218.

QUEEN DOWAGER. In Englisb law.

Th e widow of a king. 1 Bl. Comm. 223.

QUEEN· GOLD. A royal revenue b. .

longing to every queen consor t during her

marriage with th e king, and due from every

person who bas made a voluntary fine or of

fer to tbe king of ten marks or upward s, in

consideration of any grant or pri vilege con

ferred by the crown. I t is now quite obsolete.

1 Bl. Comm. 220- 222.

QUEEN REGNANT. In Engllsb law.

A queen who holds the crown in ber OWD

right; as the first Queen Mary, QLleen Eliza..

beth, Queen An ne, and the present Quean

Victoria. 1 BI. Comm. 218; 2 Steph. Comm.

465.

QUEEN'S ADVOCATE. An English

advocate who holds, in the courts in which



QUEEN'S BEXCR 980 QUESTlON

N the rules of the CBDon and civil law prevail,a sinlilar position to that which th e a::'"orney

general holds in the ordinary courts. i. e., he

acts as counsel for tbe crOWD in ecclesias-o tical, admiralty, and probate cases, and ad

yises th e crown on questions of international

law. In order of precedence i t seems that

he ranks after tbeattorlley general. 3 Steph.p Comm. 275n.

QUEEN'S BENCH. The English court

of king's bench is so called during the reign

of a queen. 3 Steph. ('omm. 403. See

KING'S BENCH.

Q QUEEN'S CORONER AND ATTOR

NEY. An officer of the court of queen's

bench, usunlly called "the masler of the

crown office," wbose duty i t is to file infor

mations at the suit of a privaw subject by

direction of the court . 4 BJ. Corooo. 308,

U09; 4 Steph. COrolD. 374. 378.

QUEEN'S (o r KING'S) COUNSEL.

[0 English law. Barristers called within

the bilr, anJ. selected to be the queen's (or

killg's) counsel, learned in the law; answer

ing in some measure, to the advocates of the

rtlven ue, (ad'ooeati Jiset,) among the Romans. They cannot ue emv!oyed in any

Cc'\use against the crown, wiLhout special

license. 3 131. Corum. 27j 3 Steph. Comm.

386.

QUEEN'S EVIDENCE. When,everal

persons are charged with a crime, an d one ofthem gives evidence against his accomplict's,

on the promise of being g r a n t ~ d a pardon,

be is said to be admitted queen's or (in

America) state's evidence. 4 Steph. Comm.

395; Sweet.

QUEEN'S PRISON. A jail which used

to be appropriated to the debtors and criminals confined under process or by authority

of the superior courts at "\Vestminster, the

high court of admiralty. and also to persons

imprisoned under the bankrupt law.

QUEEN'S PROCTOR. A proctor or

solicitor representing the crown in the former practice of the courts of probate and di

vorce. In petitions for dissolution of mar

riage, or for declarations of nullity of mar

riage. the queen's proclor may, under the

direction ,,{ the attorney general, and by

leave of the court, intervene in lhe suit for

the purpose of proving collusion betwetm the

parties. Mozley & WlJitley.

QUEEN'S REMEMBRANCER. An

officer of the central office of the English su-

preme court. Formerly he was an officer of

the exchequer. an d bad Important dlltles to

perform in protecting the l'igllLs of tile t:rOWll i

B. g., by instituting proc(!edings for Lue re-

covery of land uy writs of intrusion, (g. v.,)and for the recovery of legacy and succession

duties; bu t of late years administrative

changes bave lessened the duties of the offi<:e.Sweet.

QUEM REDITUM REDDIT. An old

writ which lay where a rent-charge or other

rent which W,IS not rent s ~ r v i c e was granted

by fine holding of the grantor. I f t he tenant

wou1d not attorn, then the grantee miglJt

have bud t.his writ. Olll Nat. Brev. 126.

Quemadmodum ad qurestionem facti

non respondent judices, ita ad qUffis

tionem juris non respondent juratores.

In the same manner that jlldges do not an

swer to questions offact, so jurors do no t answer to questions of law. Co. Litt. 295.

QUERELA . An action preferred in any

court of justice. The plaintiff was railed

"querens," or complainant, and bis brief,

complaint, or declaration was called "que-

rela." Jacob.

QUERELA CORAM REGE A CON

CILlO DISCUTIENDA ET TERMI.

NANDA. A writ by which one is called to

justify a complaint of a trespass made La the

king himself, before th e Idng and bis council.

Reg. Orig. 124.QUERELA INOFFICIOSI TESTA

MENT!. In the civil law. A species otaction allowed to a child who had bee") un

justly disinherited, to set aside the wilt,

founded on the presllmption of law, in such

cases, that the parent was not ill bis right

mind. Calvin.; 2 Kt'nt, Comm. 327i Bell.

QUERENS. A plaintiff; complainant;

inquirer.

QUESTA. In old records. A quest; an

inquest, inquisition, or inquiry, upon the

oaths of an impaneled jury. Cowell.

QUESTION. A method of criminal ex

amination heretofore in use in Bome of the

cOllntries of continental .Eurolle, conSisting

of the application of torture to the supposed I

criminal, by means of the rack or other en·

gines. in order to extort from him, liS the

condition of his release from the tortun' , aconfessIon of bis own guilt or the names ofbis accomplices .

In evidence. An interrogation put to a

witness, for tile purpose of llavillg him ue-



QUESTION 981 QU I DOlT INHERITER. ETC.

clare the truth of certain facts as far as be

knows them. As to leadtng questions, see

that title.

In pro.ctico. A point on wbich the par-

ties are not agreed. and which is submitted

to the decision of a judge and jury.

QUESTMAN, or QUESTMONGER.

In old English law. A starter of lawsuits,

or prosecutions also a person chason to inquire into abuses, especially 8uch as relate to

weights and measures; also a c h u r c h ~ w a r -den.

QUESTORES PARRICIDII. In R0-

man law. Certain officers. two In number,

who were deputed by the comitia. as a kind

of commission, to search ou t and trya11 cases

of parricide an d murder. They were proba

bly appointed annually. Maine. Anc. Law.

370.

QUESTUS EST NOBIS. A writ of nul·

sance, which, by 15 Edw. I. , lay against him

to whom a house or other thing that caused

a nuisance descended or was alienated;

whereas. before that statute the action Jay

only against him who first levied or c a u ~ e d the nuisance to the damage of bis neighbor.

Cowell.

Qui abjurat regnum amittit regnum,

sed non regem; patriam, sed non pa·

trem patrire. 7 Col;:e, 9. lIe who abjures

the realm leaves the realm, bu t nottheking j

the country, but not th e father of the country.

Qui accusa.t intee.T:B famm sit, et non

criminOSUB. Let bim who accuses be of

clear fame, and not criminal. 3 lnst. 26.

Qui acquirit sibi acquirit hreredibus.

He who acquires for himself acquires forllis

heirs. Tr .y. Lat. Max. 496.

Qui adlmit medium dirimit finem.

He who takes away the menn destroys the

end. Co. Litt. 161a. He that depriv('s a

man of th e mean by which he ought to come

to a thing deprives him of the thing itself.Id.; Litt. § 237.

Qui aliquid statuerit , parte inaudita

altera, requum ticet dixerit, haud requum

feeerit. He who determInes any matter

withont bearing both Sides, tlJough he may

have decided right, has no t done justice. 6

Coke. 52a; 4 BI. Comm. 283.

Qui alterius jure utitur, eodem jure

uti debet. He who uses the right of anoth-

er ought to use tho same right. Poth. Trai.

ttl De Change. pt. 1. e. 4. § 114; Broom.

Max. '7 3 .

Qui approbat non reprobat. He who

approbates <loes not reprobate, [t. e., he can·

not both accept and reject the same thing.]

Qui bene distinguit bene docet. 2Inst. "70. He who distingnishes wen teaches

well.

Qui bene interrogat bene docet. He

who questions well teaches well. 3 BuIst.

227. Information or express averment may

be effectually conveyed in th e way of inter-

rogation. Id .

Q ui cadit a syllaba cadit a toto. causa.

He who fails In a syllable fails in his wbole

cause. Bract. fol. 211.

Qui concedit aliquid,concedere videtur

et id sine quoCOD

cessio est irrita,sine

quo res ipsa esse non potuit. 11 Coke.

52. He who concedes anything is considered

as conceding that without which his conces

sion would be void, without which the thing

itself could not exist.

Qui concedit aliquid concedit omne

id sine quo concessio est irrita.. He who

grants anything grants everything without

which the grant is fruitless. Jenk. Cent. p.

32. case 63.

Qui conftrmat nihil dat. He who con·

firms does no t give. 2 Donv. lnst. no.2069.

Qui contemnit prreceptum contemnit

proociptentem. He who contemns [con

temptuously treats] acommand contemns the

party who gives it . 12 Cuke. 97.

Qui cum alia contl'ahit, vel est, vel

esst;! debet non ignarus condition s ejus.

He who contracts with another either is or

ought to be no t ignorant of his condition .

Dig. 50. 17. 19; Story. Confi. Laws. § 76.

Qui dat flnem, dat media ad. flnemnecessaria. He who gives an end gives the

mean8 to that end. 3 Mass. 129.

Qui destruit medium destruit flnem.

He who destroys tbe meao destroys the eo(l.

10 Coke, 51b; Co. Litt. 16Iu; Shep. Touch.

342.

Qui doit inheriter a1 pere doit inher·

iter a1 fltz. He who would have been heix

to th e father shall be heir to the son. 2 Bl.

Comm. 223; Broom, Max. 517.



o

QUI EVERTIT CAUSAM, ETC. 982 QUI NON PROPULSAT, ETC.

Qui evertit causam, evertit causatum

futurum. He who overthrow!! the cause

overthrows Us fnture effects. 10 Coke. 51.

Qui ex damnato coitu nascnntur inter

Libero8 no n computentur . Those wboare

born of an unlawful intercourse are no t reck

oned among the children. Co. Litt. Sa,.

Broom • .Max. 519.

Qui fscit per alium facit per se. He

who acts through another acts himself. [i . 6.,t.he acts of an agent are the acts of the princi

paL] Broom. Max. 818, et seq. i 1 Bl. Comm.

429; Story, Ag. § 440.

Qui ha.bet jurisdictionem absolvendl,

habet jurisdictionem ligaDdi. He who

bas jurisdiction to loosen. ha s jurisdiction Lo

bind. 12 Coke. 60. Appiied to writs of pro

hibition and consultation. as resting on a sim

ilar foundation. ld .

Qui hreret in litera hooret in cortica.

He who considers merely the letter of an in -

strument goes bu t skin deep into it s meaning.

Co Litt. 289; Broom, Max. 685 .

Qui ignorat quantum solvere debeat,

non potest improbus videre. He whodoes noL know what be ought to pay, does

not wanL probity in not paying. Dig . 5U,

17.99.

Qui in jus dominiumve alterins suc:..

cedit jure ejuB uti d ebet. He who suc

ceeds tothe right or property of another oughtto use his right. [i. e., holds it subject to the

same rights and liabilities as attached to it in

the hands of tile assignor.] Dig. 50.17,177;

Broom, Max. 473. 478.

Qui in utero est pro jam nato habe-

tnr, quoties de ejus commodo qureritur.

He ' ..·ho is in the womu is held as already

born, whenever a question arises for his ben

efit.

Qui jure suo utitur. Demini facit inju-

riam. He who uses his legal rights harms

no one. 8 Gray 424. See Broom, Max.879.

Qui JUBSU judicis aliquod fecerit non

videtur dolo malo feciase, quia parere

ne cesse est. \V here a person does an ac t

command of one exercising judicial au

thority. the law will not suppose that he act.

ed from any wrongful or improper motive,

becau se it was his bounden duty to obey. 10

Coke, 76; Broom, Max. 93.

Qui male agit odit lucero. He who acts

badly hates the light. 7 Coke. 66.

QuI- mandat ipse fecissi videtnr. Hewho commands [a thing to be done] is helt!

to have done it himself. Story. Bailm. § 147.

Qui melius pro bat melius habet. He

who proves most recovers most. 9 Yin.Abr.235.

Qui molitur insidiaB in patriam id

facit quod inssnuB nauta perforans

navem in qua vehitur. He who betrays

his country is like the insane sailor who bores

a hole in the ship which carrie8 him. 3lnst.

86.

Qui non cadunt in constantem virum

vani tim ores sunt restimandi. 7 Coke,

27. 'Those fears are to be es teemed vain

which do not affect a firm man.

Qui non habet, ille non dat. He who

has not. gives not.. He who has nothing to

gi ve, gi ves nothing. A person cannot convey a right that is not in him. I f a lOan

grant that which is not bis, Lhe grant is void.

Shep. Touch. 243; Watk. Cony. 191.

Qui non habet in rere, lust in corpore.

ne quis peccetur impune. He who can

not pay with bis purse must suffer in his

person. lest he wbo offends should go un

punished. 2 lnst. 173; 4 Bl. Corum. 20 .

Qui non habet potestatem alienandi

habet necessitatem retinendi. Hob. 336.He who has not the power of alienating is

obliged to retain.

Qui non improbat, approbat. 3 Jnst.

27. He who does not blame, approves.

Qui non libere veritatem pronunciat

proditor est veritatis. He who does not

frllely speak the truth is a betrayer of the

t r u t ~ . Qui non negat fatetur. He who does

not deny, admits. A w e l l ~ k n o w n rule of

pleading. Tray. Lat. Max. 503.

Qui non obstat quod obstare poteat,

facere videtur. He who does not prevent

[a thing] which he can prevent, is considered

to do [as doing] it. 2 lnst. 146.

Qui non prohibet id quod prohibere

potest assentire videtur. 2 lnst. 308.

He who does not forbid what he is able toprevent, is considered to assent..

Qui non propulsat injuriam quandf'

potest, infert. Jenk. Cent. 271. He wh()

does not repel an injury wben he can, in .

duces i t.



QUI OBSTBUIT ADlTUM, BTC, 988 QUIA

Qui obstruit adltum, destruit com·

modum. He who obstructs a way, passage.

or entrance destroys a benefit or convenience.

Co. Litt. I6la. He who prevents another

from entering upon land destroys the benefit

which he has from it . rd.

Qui omD6 dicit nihil excludit . 4lnst.

81. He who says all excludes nothing.

Qui pa r c i t nocentibuB innocentes

punit. J enk . Cent. 133. He who spares

th e guilty punishes the innocent.

QUI pec cat ebrius luat sobrius. He

who sins when drunk shall be punished when

lober. Cary. 133; Broom, Max. 17.

Qui per alium fa.cit per seipsum facere

videtur. He who does a thing by an agent

is considered as doing it himself. Co. Litt.

258; Broom, Max. 817.

Qui per fraudem agit frustra. aglt. 2

Rolle. 17. What a man does iraudulently he

does in vain.

Qui poteat et debet vetare, jubet. He

who can and ought to forbid a thing [ if he

do not forbid it ] directs it . 2 Kent, Camm.

483. note.

Qui primum peccat ilie facit rixam.

Godb. He who sins first makes the strife.

Qui prior est tempore potior est jure.

Re who Is before in time is the better in

r ight. Priority in time gives preference inlaw. Co. Litt. 14a; 4 Coke, 90a. A maxim

of very extensive application, both at law

and In equity. Broom, Max. 353- 362; 1

Story, Eq . Jur. § 64d; Story, Bailm. § 812.

Qui pro me aliquid facit mihi fecisse

videtur. 2 l ns t. 501. He who does any-

tbing for me appears to do it to me.

Qui providet sibi providet hreredibus.

He who provides for bimself provides for his

heirs.

Qui rationem in omnibus qumruntrationem subvertunt . Th ey who seek areason for everything subvert reason. 2Coke, 75; Broom, Max. 157.

Qui sciens solvit indebitum donandi

consilio id videtur fecisse. One who

knowingly pays what is not due is supposedto bave done it with tbe intention of m a k ~ 109 a gift. 17 Mass. 388.

Qui semel actionem renunciaverit am -

plius repetere non poteat. He wbo bas

once relinquisbed his action cannot bring it

again. 8 Coke, 59a. .A. rtlle descriptive ot

the effect of a "etraxit and nolle pTosequi.

Qui semel est malus, semper prresu .

mitur esse malus in eodem genere. He

who is once criminal is presumed to be al

ways criminal in the same kind or way. Cro.

Car. 817; Best, Ev.S45.

Q ui sentit commodum aentire debet

et onus . He who receives the advantage

ought also to suffer the burden. 1 Coke, 99 :

Droom, Max. 706-713.

Qui aentit onus sentire debet et com-

modum. 1 Coke. 99a. He wbo bears the

burden of a tiling ought also to experience

the advantage ariSing from it.

Qui tacat, consentire videtur. He who

is silent is supposed to consent. The silence

of a party implies his consent. Jenk. Cent.

p. 32, case 64j Broom, Max. 188.787.

Qui taeet oonsantire videtur. ubi trac-

tatur de ejus com modo. 9 Mod. 38. He

who is silent is considered as assenting. when

his interest is at stake.

Qui tacet non utique fatetur, sed ta

men verum est eum non negare. He

who is silent does not indeed confess, but yet

it is true that he does no t deny. Dig. 50,17,

142.

QUI TAM. Lat. "Whose we l1 - - - . "

An action brollght by an informer, under astatute which establishes a penalty for the

commission or omission of a certain act. and

provides that th e same shall be recoverable

in a civil action, part of the penalty to go to

any person who will briug such action and

tbe remainder to the state or Borne other in

stitution, is called a "qui tam action;" be

cause th e plaintiff states that he sues as well

for the state as for himself.

Qui t arclius solvit, minus Bolvit. He

who pays more ta rdily [tilan he ought] paYII

leBs [than he ought.l J enk. Cent. 58.

Qui timent, cavent vitant. They who

fear. take care and avoid. Branch. Prine.

Qui totum dicit nihil excipit. He wllo

says aU excepts nothing.

Qui vult decipi, decipiatur. Le t him

who wishes to be deceived. be deceived.

nroom, Max. 782. note; 1 De Gex. M. & G.

687, 710; Shop. Touch. 56.

QUIA. Lat. Becausej whereas; inas

much as .



QUIA DATUM. ETC. 984 QUIET ENJOYMENT

N

o

p

QUIA DATUM EST NOBIS IN T EL

LIGI. Because it is given to us to u n d e r ~ stand. Formal words in old writs.

QUIA EMPTORES. "Because th e pur

chasers . " The titleof the statute of Westm .

S. (18 Edw. 1. c. 1.) :L'his statute took from

the tenants of common lords the feudal lib

erty they cla imed of disposing of part of their

Jands to hold of themsei ves, and. instead ofit , gave them a general liberty to sell all 01'

any part, to hold of the next snperior lord,

which they coulu not hav e dOlle before with

ou t consent. The effect of th is statute was

Q wofold: (1) To facilitate the alienation of

fee-simple estates; and (2) to put an end to

th e creat ion of any new manors, i . e., tenan

cies in fee-simple of a Bubject. Brown.

QUIA ERRONICE EMANAVIT. Because it issued erroneously. or through mis

take. A term in old English praL:tice. Yel.

83.

QUIA TIMET. Lat. Because he fears

or apprehends. In equity practice. The

technical name of a bill filed by a party who

eeeks th e aid of a court of equity, because he

feaTs some future probable injury to bis

rights or interests. 2 Story. Eq. Jur. § 826.

QUIBBLE. A cavilling or verbal objec

tion . A sligbt difficulty raised without ne

cessity or propr iety.

QUICK . Living; alive. "Quick chattels

must be put in pound-overt that the ownermay give them sustenance; dead neE'ld not."

Finch, Law, b. 2, c. 6.

QUICK WITH CHILD. SCOQUIOKEN-

!lNG.

QUICKENING. In medical jurispru

dence. Th e fi rs t motion of the fretus in the

womb felt by the mother. occurring usually

sbout the mil1dle of the term of prt'gnancy.

Quicquid acquiri tur servo acquiritur

domino . Whatever is acquired by the serv

ant is acquired for the master. Pull. Accts.

38, ilOte. 'Vhatevel' rights are acqnired by an

agent are acquired for his principal. Story,

Ag . § 403.

Quicquid demonstratre rei additur sa·

tis demonstratre frustra est. Whatever

Is added to demonstrate anything already

s l l f f i c i e n t l y c l p , r n o m ~ t r H t e d slll'plu!';age. Dig.

83,4, 1. 8; Broom. Max. 630.

Quicquid est contra normam recti est

injuria. 3 BuIst. 313. Whatever is against

the rule of righ t is a wrong.

Quiequid in excessu aetum est, lege

prohibetur. 2 Inst . 107. '\Vhatever iidone

in excess is prohibited by law.

Quicquid judicis auctoritati subjicitur

novitati non subjicitur. Whatever is sub-

ject to the authority of a judge is Dot subj ect

to innovation. 4 lnst. 66.

Quicquid plantatur solo, solo cedit.Whatever is affixed to the soil belongs to the

Boil. Broom . Max. 401-431.

Quicquid solvitur, solvitur secundum

modum solventis; quicquid recipitur,

reeipitur secundum modum recipientis.

Whatever money is paid. is paid accordingto

the direction of the payer; whatever money

is recei ved, is recei ved according to that of the

recipient . 2 Vern. 606j Broom. Max. 810.

Quicunque habet jurisdictionem ordi

nariam est HUus loci ordinarius. Co .

Litt. 344. Whoever has an ordinary juris·diction is ordinary of that place.

Q12icunque jussu judicis aliquid fece

r it non videtur dolo malo fecisse, quia

parere necesse est. 10 Coke, 71. 'VllO

ever does anything by the command of a judge

is not reckoned to have done it with an evil

intent, because it is necessary to obey.

QUID JURIS CLAMAT. In old En

glish practice. A wr it \\'hich lay for the

grantee of a reversion or remainder. where

the particular tenant would no t attorn, for

the pUl'pose of compelling him. Termes deIaLey; Cowell.

QUID PRO QU O. What for what;

BUlIletuiug fo r 8owt!Lh ing. Used in law for tile

gi ving one val uable thing for another. I t isnothing more than the mutual considenltion

which passes between the parties to a con·

tract, and which renders it valid and binding.

Cowell.

Quid sit jus, et in quo consistit inju

ria, legis est definire. 'Vhat constitutes

right, and what injury. it is the business of

the law to declare. Co. Litt. 158b.

QUIDAM. Lat. Somebody. This term is

used in the Frenell 1aw to designate a person

whose name is not known.

Quidquid enim s'iva dolo et culpa ven

ditoris accidit in eo venditor secnxus

es t. For concerning ~ m y t h i n g which occurs

without deceit and wrong 011 the part of the

vendor. the yendor is !lecure . 4 Pi ck . 198.

QUIET ENJOYMENT. A covenant.

usually inserted in leases and conveyances



QUIETA NON MOVERE 985 QUITCLAIM

on the part of the grantor. promising that

the tenant or grantee shall enjoy the posses

.sIan of the premises in peace and WiLhout dis.

turbance, is called a covenant "for quiet en

joyment ..

Quieta non movere. Not to unsettlethings which are established. 2811arb. 9, 22 .

QUIETARE . To quit, acquit. discharge,

or save harmless. A. formal word in old

deeds of donation and other con veyauces.

Cowell.

QUIETE CLAMANTIA. In old En

gll8b law. Quitclaim. Bract. fol. 33b.

QUIETE CLAMARE. To quitclaim or

renounce all pretensions of right. and tWe.Bract. fols. 1, .5.

QUIETUS. In old Engli.h law. Quit;

acquitted; discl1arged . A word used by the

clerk of the pipe, and auditors in the exchequer, in their acq uittaDces or discll:lrges given '

to nccountants; usually concluding with an

abimte ,'ecSSb'it q u i ~ t u s , (hath gone quit; there

of,) which was called a .. quietus est." Cow

ell.

In modern law, the word denotes an acquit

tance or discharge; as of aD executor or administrator, (4 Mass. 133; 3 Fla. 233,) or of a

judge or attorney general, (3 Mod. 99.)

QUIETUS REDDITUS. In old English

law. Quitrent. Spelman. See QUITRENT.

Quilibet potest renunciare juri pro se

introducto. Everyone may renounce or

relinquish a right introduced for his own

benefit. 2 Inst. 183; Wing. Max. p. 483,

max. 123; 4 Bi. Comm. 317.

QUILLE. In French marine law. Keel;

the keel of a vessel. Ord. Mar. liv. 3, tit. 6,

arL 8.

QUINQUE PORTUS. In old English

law. The Cinque l">orts. Spelman .

QUINQUEPARTITE. Consisting ot

five parts; divide4 into five parts,

QUINSTEME, or QUINZIME. Fif

teenths; also the fifteenth day after a festival.

13 Edw. 1. See Coweli.

QUINTAL, or KINTAL. A weight ot

one hundred pounds. Cowell.

QUINTO EXACTUS. In old practice.

Called or exacted the 6fth time. A return

made by th e aheri1f, after a defendant had

been proclaimed. required. or exacted in five

county courts successively, an d failed to ap-

pear, upon which he was oullawed by thecoroners of the county. 8 Bl. Comm . 283.

QUIRE OF DOVER. In English law.

A record in the eXChequer, showing the ten

ures for guarding and repairing Dover Cas

tle, and determining the services of the

Cinque Port.. 8 How. State Tr . 868.

QUIRITARIAN OWNERSHIP. In

Roman law. O\\'oership held by a title rec·

ognized by tbe municipal law, in an object

also recognized by that law, and in the strict

character of a Uoman citizen. "H.oman laworiginally only recognized one kind of domin .

ion, called. emphatically, 'quirital'Y domin

ion.' Gradually. however, certain real fightsarose wbicb, thongh they failed to satisfy all

the elements of thedefinition of quiritary dominion. were practically its equivalent, and

received from the courts a similar protection.

These real rights might fall short ofquiritarydominion in three respects: (l) Either in re-

8pect of the persons in wborn they resided;

(2) or of the subjects to which they related; or

(3) of the title by which they were acquired."

In the latter case, the ownership was calledH bonitarian, I i . e., "the property of a Roman

citizen. in a. subject capable of quiritary prop

erty . acquired by a title no t known to the

civil law. bu t introduced by the prretor and

protected uy his imper iu,m 01' supreme ex

~ c u t i v e power;" e. g .• where res mancipi

bad heen transferred by mere tradition.

Poste's Gaius' lnst. 186.

Quisqu18 erit qui vult juris-consultus

haberi continuet studium, velit a quo

cunque doceri. J enK. Cent. 'Vboever

wishes to be a juris-consult, let him continually study, and desire to be taught by

everyone.

Quisquis prresumitur bonus i etsemper

in dubiis pro reo respondendum. Every

one is presumed gOOd; and in doubtful cases

the resolution should be ever for the ac

cused.

QUIT. Clearj discharged; free; alsospoken of persoDs absolved or acqu it ted of a

Charge.

QUITCLAIM., ". In conveyancing. To

release or relinquish a claimj to execute a

deed of quitclaim. See QUITOLAIM. n.

QUITCLAIM, n. .A. rel ease or acquit

tance given to ODe man by another. in re

spect of any action that he has or might have

against him. Also acquitting or giving up



QUITCLAIM DEED 986 QUOD ALIAS BONUM. ETC.

None ' s elahll or title. Termes de la Ley;Cowell.

· 0

p

QUITCLAIM DEED. A deed of con

veyance operating by way of release; that is.

intended to pass any title. interest, or claim

which the grantor may bave in lhe premises,

but not professing that such title is valid,

nor containing any warranty or covenants

fol' title. See 3 Me. 445.

QUITRENT. Certain established r e n t ~ of the freeholders and ancient copyholders

of manors are denominated "quitrenls," be

cause thereby the tenant goes quit and free

Q of all other services. 3 Cruise. Dig. 314.

QUITTANCE. An abbreviation of "ac-

quittancej" a release. (q. '0.)

QU O ANIMO. Lat. With what inten-

tion or motive. Used sometime-s as a substanti ve, in lieu of the single word" animus. I

design or motive. uThe quo animo is thereal subject of inquiry." 1 Kent, Corom.

77. '

QU O JURE. In old English practice.

A writ which lay for ODe that had land in

which another claimed common, to compel the

latter to show by what title he claimed it .

Cowell; Fitzll . Nat. lirev. 128. F.

Quo ligatur. eo dissolvitur . 2 Rolle, 21.

By the same mode by which a thing is bound,

by that is i t released.

QUO MINUS. A writ upon which al l

proceedings in the court of exchequer were

formerly grounded. In it the plaintiff sug-

gests that he 1s the king's debtor, and that

th e defendant has clone bim th e injury or dam-

age complain ed of, qno min'tu suifwienll n-istit, by which he is les9 able to pay the

king 's debt. This was originally requiSite in

order to give jurisdiction to the court of ex

chequer; but now this suggestion is a mere

form. 3 BI. Comm. 46.

Also, a writ which lay for him who had a

y-rant of house.bote and bay-bote in another'S

woods.against the grantor making such

waste as that the grantee could not enjoy hiB

grant. Old Nat. 13rev. 148.

Quo modo quid constituitur eodem

modo dissolvitur. Jenk. Cent . 74. In the

same manner by whicb anything is consti

tuted by that it is dissolved.

QUO WARRANTO. In old English

practice. A writ. in the nature of a writ of

right for the king, against him who claimed

or usurped an y office, franchise. or Uberty,

to inquire by who,t authority he supported

his claim . in order to determine the right.

I t lay also in case of non·user. or long neg

lect of a franchise, or misuser dr abuse of it ;

being a writ commanding the defendant to

ahow by what WU1'rant he exercises such a

franchise, having never bad any grant of it,

or having forfeited i t by neglect or abuse. 3

BI. Comm. 262.

In England, nnd quite generally through-

out the United States, this writ has given

place to an "information in the nature of a

quo war1'anto," which, thongh in form a

crindnal proceeding. is in effect a civil reme-

dy similar to the old writ, and is the method

now usually employed for trying th e title to

a corporate or other franchise. or to a publio

or corporate office.

QUOAD HOC. Lat. As to this; wltb

respf!ct to this; 80 far as this in particular is

concerned.

A. prohibition quoad hoc is a prohibition

as to certain things among others. Thus .

where a party was complained against in the

ecclesiastical court for matters cognizable in

the temporal courts, a prohibition quoad

these matters issued. i. e., as to such matte1's

the party was prohibited from prosecuting his

suit in the ecclesiastical court. Brown.

QUOAD SACRA. As to sacred things;

for religiOUS purposes.

Quocumque modo velit; quocumque

modo possit. In any way be wishes; inany way he can. 14 Johns. 484, 4 9 ~ .

Quod a. quoque pcenre nomine ex-

aetum est id eidem restituere nemo

cogitur. That which has been exncted as a

penalty no one 18 obliged to restore. Dig. 50,

17. 46.

Quod ab initio nOD valet in tractu

temporis non convalescet. That which

is bad in it s commencement improves no t by

lapse of time. 4 Coke. 2i ]3rooro. Max. 178.

Quod ad jusnaturale

attinet omDes

homines requales Bunt. All men are equal

as far as the nuturallaw is concerned. Dig.

50.17.32.

Quod rediftcatur in area legats cedit

legato. ·Whatever is built on ground given

by will goes to th e legatee. Broom. Max.

424.

Quod alias bonum e t justum est, al

per vim vel fraudem petatur, malum

et injustum efficltur. 3 COK., 78. Wbat



QUOD ALIAS NON FUIT, ETC. 987 QUOD FIERI DEBET, ET C

.otherwise 1s good and just. if It be sought by

force and fraud, becomes bad an d unju s t.

Quod alias non fnit licitum, ne cessi .

taB licitum facit. Wbatotherwise was not

lawful, necessity makes lawful. }I"' leta, lib.

5, c. 23. § 14.

Quod approbo non reprobo. Wbat Iapprove I do not reject. ] cannot approve

an d reject at the same time. I cannot take

the benefit of an instrument, and at the sam e

time repudiate it. Broom. Max. 712.

Quod attlnet ad JU B civile, servi pro

nullis habentur, non tamen at jure n a ~ turali, quia, quod ad ju s naturale a t t i ~ net, omnes homines requali sunt. So

ta r as the civil law is concerned. slaves are

not reckoned aa persons, but not so by nat

ural law. for. so fa r as regards natu ral la w.

al l men are equal. Dig. 50. 17, 32.

QUOD BILLA CASSETUR. That the

bill be qU:lshed. The common-law form of

ajudgment sustaining a plea in <luatement,

where the proceeding is by bill, i. e., by a.

capias instead of by original writ.

QUOD CLERICI BENEFICIATI DE

CANCELLARIA. A writ to exempt aelerk of the chancery from the contribution

towards the proctors of the clergy in parlia

ment, etc. Reg. Orig. 261.

QUOD CLERICI NON ELIGANTUR

IN OFFICIO BALLIVI, etc. A writ

which lay for a clerk, who, by reason of

some land he had, was mad e. or was about

to be made. bailiff. beadle. rt:eve. or someBuch officer, to obtain exemption from serv

ing the office. Reg. Orig. 187.

QUOD COMPUTET. 'fhat he account.Judgment quod computet is a preliminary or

interlocutory judgment given in the action

-of account- render (also in the case of cred

itors' bills against an executor or adminis

trator, I directing that accounts be taken be

fore a IDllster or auditor.

Quod constat clare non debet veri

ficari. What is clearly apparent need no t

be proyed. 10 Mod. 150.

Quod constat curire opere testium

non indiget. That which appears to the

court needs not the aid of witnesses. 2 Inst.

662.

Qnod contra legem f it pro infecto

habetur. That which is done against law

i8 regarded 88 not done at all. 4 Coke, Sla.

Quod contra rationem juris recap

tum est, non est producendum ad COD-

sequentins. That which bas been received

against the reason of the law is not to be

drawn into a precedent . Dig. I, 3, 14.

QUOD CUM . In pleacling. For that

whereas. .A form of introducing matter of

inducement in certain actions, as asRumpsitand case.

Quod datum est eoclestEe, datum est

Deo. 2 lost. 2. ·What is given to the

church Is given to God.

Quod demoDstrandi causa. additur rei

satis demonstratre, frustra fit. 10 Coke,

113. What is added to a thing sufficientlyp ~ l l p a b l e , tor the purpose of demonstration,

is vain.

Quod dubitas, ne feceris. What you

doubt of, do not do. In a case of moment.especially in cases of life, It is safest to hold

that in practice which hath least doubt an d

danger. 1 Hale, P. C. 300.

QUOD EI DEFORCEAT. In English

law. The name of 8 writ given by St.

1Vestm. 2, 13 Edw. I . c. 4, to the owne rs of

a particular estate, as for life, in dowe l', by

the curtesy. or in fee-tail, who were burreLl of

the right of possession by a recovery had

against them th rough th eir default or non

appeluance in a possessory action, by which

the right. was restored to him who had beenthus unwarily deforced by bis own default.

3 B1. Comm. 19a.

Quod est ex necessitate nunquam

introducitur, nisi quando necessarium .2 Rolle, 502. That which is of necessity is

never introduced, unless when necessary.

Quod est inconveniens aut contra

rationem non permissum est in lege.

Co. Litt. 178a. That. which is inconvenient

or against reason is not permissible in law.

Quod est necessarium est li citum.

What is necessary is lawful. Jank. Cent.

p. 76. case 45.

Quod fa ctu m est, cum in obscuro sit,

ex afl'ectione cujusque capit intel'pi"eta

tionem. When there is d oubt about an act,

it receives interpretation from the (known)

feelings of the actor. Dig. 50. 17, 68. 1.

Quod fieri debet facile prresumitur.

Halk . 153. That which ought to be done I .

easily pres u m ed.



QUOD FIERI NON DEBET, ETC. 988 QUOD NOTA

N Quod fieri non debet, factum valet.

That which ought not to be done, when done,

is valid. Broom, Max. 182.

OQUOD FUIT CONCESSUM. Which

was granted. A phrase in the reports. sig-nifying that an argument or point made was

conceded or acquiesced in by the court.

Quod in jure scripta "jus" appellatur,

P id in lege Anglim "rectum" esse dicitur.

What jn the civil law is called "jU8," in the

law of England is said to be "rectum,"

(right.) Co. Litt. 260; Fleta,!. 6, c. I, § 1.

Q. Quod in minori valet valebit in ma-

jori; at quod in majori non valet nec

valebit in minori. Co. Litt. 260a. That

which is valid in th e less shall be valid in

the greater ; and that which is not valid in

th e greater shall neither be valid in the less.

Quod in uno similium valet valebit

in altero. That which is effectual in one of

two like things sball be effectual in tbeother.

Co . Litt. 191a.

Quod inconsulto fecimu8, consultiuB

revocemus. Jenk. Cent. 116. What we

have done without due consideration, upon

better consideration we may revoke.

Quod initio vitiosum est non potest

tractu tempori8 convalescere. That

which IS void from the beginning cannot be-

come valid by lapse of time. Dig. 50. 17,29.

Quod iP8is qui contraxerunt obstat,et successoribus eorum obstabit. That

which bars those who have made a contract

will bar their successors also. Dig. 50, 17,

143.

QUOD JUSSU. Lat. In the civil law.

The name of an action gi ven to one who had

contracted with a son or sla ve, by o1'der of

the father or master, to compel such fatheror master to stand to the agreement. Halli-

fax, Civil Law. b.3,c. 2,no. 3; Inst.4, 7,1.

~ a o d jussu alterius solvitur pro eo

est quasi ipsi solutum esset. That which

is paid by the order of another is the same as

though i t were paid to himself. Dig. 50, 17.

180.

Quod meum est sine facto mea vel

defectu meo smitti vel in alium trans-

ferri non potest. Tbat which is mine can-

no t be l()st or transferred to anotlwr without

my alienation or fadeiture. Broom, Max.

465.

Quod meum est sine me auferri non

poteat. That whien is mille canllot be taken

away without me, [without my a88ent.)Jenk. Cent. p. 251, case 41.

Quod minus est in obligatl0nem vide-

tu r deductum. That which Is the less Is

held to be imported into the contract; (e. g.,

.A.. offers to hire 13. 18 bouse at six h u n d r e ~ dollars, at the same time B. offers to le t i t

fo r five hundrod dollars; the contract Is forfi ve hundred doUars.) 1 Story, Cont. 481.

Quodnaturalis ratio inter omnes homi-

nes constituit, vacatur jus gentium . ThR.t

which natural reason has established among

all men is called the "law af nations." 1 Bl.

Comm. 43; Dig. I, 1,9; lnst. 1, 2, 1.

Quod necessarie intelligitur non deest.

1 Buist. 71. That which is necessarily un-

derstood is not wanting.

Quod necessitss cogit, defend1t. Hale,

P. C. 54. That which necessity compels, i tjustifies.

Quod non apparet non est; et non ap-

paret judicialiter ante judicium. 2lnst.

479. That which appears not is not; and

nothing ap'Pcars judiCially before jUdgment.

Quod non capit Christus, capit !lscus.

'What Christ Lhe church] does not taJte the

treasury takes. Goods of afelo de se go to

the king. A maxim in old English Jaw.

Yearb. P. 19 Hen. VI. 1.

QUOD NON FUIT NEGATUM . Whichwas not denied. A pbrase found in the old re-

ports, signifying that an nrgument or propo-

sition was 110t denied or controverted by . tbe

court. Latch, 213.

Quod non habet principium non habet

ftnem. 'Ving . Max. 79; Co. Litt. 345a.

Tl.Jat which has no t bt.'ginuing Las not end.

Quod non legitur, non creditur . What

is not read is not believed. 4 Coke, 304.

Quod non valet in principali, in sc-

cessorio seu consequenti non vslebit;et quod non valet in magis propinquo

non valebit in magis remota. 8 Coke,

78. That which is not good against the

principal wiH not be good as to accessoriesor consequences; and that which is not of

force in regard to things near it will not

be of force in regard to things remote

from i t .

Q U O D NOTA. Which note; whichmark. A repnrtm·ls note i n the old books, di-

recting att.ention to a point or rule. Dyer,

23.



QUOD NULLIUS. ETC. 989 QUOD REMEDlO. ETC.

Quod nullius esse potest id ut a l 1 c u ~ jus fieret nulla obligatio valet emeere.No agreement can avail to make that th e

property of anyone which cannot be acquired

8 . property. Dig. 50. 17. 182.

Quo d nullius est, est domini regis.

That which is th e property of nobody belongs

to our lord th e k ing. Fleta. lib. 1. c. S;

Broom. Max. 354.

Quod nullius est, id ratione n aturali

occupanti conceditur. That which is th e

property of no one is. by natural reason.

given to the [first] occupant. Dig. 41, 1. 3;

Inst. 2, 1. 12. AdopLed in the common law.

2 BI. Comm. 258.

Quod nuUum est, nullum producit

effectum . That whi ch is null produces no

effect. Tray. Leg. Max. 519.

Quod orones tangit ab omnibus debet

supportari. That which touches or can·

cerns all ought to he supported by all. 3

Ho w . State Tr. 878. 1087.

QUOD PARTES REPLACITENT .That the parties do replead. The form of

the judgment on award of a repleader. 2

Salk . 579.

QUOD PARTITIO FIAT. That parti-

tion be made. Thenameof the jUdgment in

a suit for partition, directing that a partition

be effected.

Quod pendet non est pro eo quasisit. What is in suspense is considered asno t existing during such suspense. Dig. 50,

17.169.1.

Quod per me DO D possum, nee per

alium. 'Vbat I cannot do by myself, I can-

no t by another. 4 Coke. 24b,. 11 Coke, 87a.

Quod per recordum probatum, non

debet esse negatum. \Yhat is proved by

record ought not to be denied.

QUOD PERMITTAT. That he permit.

In old English law. A writ which lay for

tbe heir of him that was d isseised of his com-

mon of pasture. against the heir of the dis

seisor. Cowell.

Q U O D PERMITTAT PROSTER-

NERE. That he permit to abate. In old

practice. A. writ. in the nature of a writ of

right. which lay to abate a nuisance. 3 Bl.

Corum.22l.

QUOD PERSONA NEC PREBEN-

DARII, etc . A writ which lay for spi rit

ual persons, distrained in their spil'itual pos-

sessions. for payment of a fifteenth with the

rest of the pariab. Fit7.h. Nat. Brev. 175.

Obsolete.

Quod populus postremum jU9sit. Id

jus ratum eato. Wbat the people have lastenacted. le t that be the established law . A

law of the Twelve Tables. the principle of

which is still . recognized. 1 HI. Comm. 89.

Quod primum est intentione ultimum

est in operatione. That which 1s first in

intention is last in operation. Bsc. Max.

Quod principi pla.cuit legis habet v i g o ~ rem. That which bas pleased the prince

bas th e force of law. '1'he emperor's p l e a s ~ ure has the force of law. Dig . 1.4,1; Inst.

1. 2, 6. A celebrated maxim of imperial

law.

Quod prius est veriua est; at quod

prius est tempore potius est jure.Co.

Litt.347. 'Vhat is first is true; and what

is first in time is Letter in law.

Quod pro minore licitum est et pro

majora licitum est. 8 Coke, 43. That

which is lawful as to tbe minor is lawful as

to the major.

QUOD PROSTRAVIT. That he do

abate. The name of a judgment upon an in

dictment for a nuisance, that the defendant

abate such nuisance.

Quod pure debetur prresenti die debe-

tur. That wh ich is du e unconditionally isdue now. Tray. Leg. Max. 519.

Quod quis ex culpa sua damnum sen-

ti t non intelligitur d:amnum sentire .

The damage which one experiences from bis

own fault is not considered as his damage.

Dig. 50. 17. 203.

Quod quis sciens in debitum debit hac

mente, u t postea repeteret, repetare non

potest. That which one has given. know-

ing i t not to be due, with the intention of re

demanding it , be cannot recover back. Dig.

12, 6. 50.

Quod quisquis norit in ho c se exerceat.

Le t everyone employ himself in what be

knows. 11 Coke, 10.

QUOD RECUPERET. That he recover.

The ordinary form of judgments for the

plaintiff in actiolls at law. 1 Arcbb. Pro K.

B. 225; 1 Burrill. Pro 246.

Quod remedio destituitur ipsa re valet

si culpa abeit. That which is without rem-

edy avails of itself, if there be 110 fault in



QUOD SEMEL, ETC. 990 QUOTIES, ETC.

N he party seeking to enforce it. Broom,

Max . 212.

Quod semel aut bi s existit prretereunt

Oegisl atores. Legislators pas8 over wllat

happens [only] once or twice. Dig. 1, 3. 6;

Broom, Max. 46.

Quod semel meum est ampliuB meum

es se non poteat. Co. Litt. 49b. What is

p o n c ~ mine cannot be more fully mine .

Quod semel placuit in electione. am ·pIins displicere non poteat . Co. Litt. 146.

What a party has once determined, in a

Q ase where he bas an election, cannot after

wards be disavowed.

QUOD 81 CONTINGAT. That I f It

bappen. 'Vords by wh ich 1\ condition might

formerly be created in a deed. Litt. § 330.

Quod Bub carta. forma. concessum vel

reservatum est non trahitur ad valoremv ~ l compensationem. That which isgranted or reserved under a certa in form

is no t [permitted to be] dnnvn into valuation

or comp (> nsation. Ra e. Max. 26, reg. 4.

That which is granted or reserved in a cer

tain specified form must be tel-ken as i t is

gra.nted. an d will Dot be permitted to be

ma de the subject of any adjustment or com

pensation on the part of the grantee. 2 Hill,

423.

Quod Bubintelligitur non deest. Wbat

Is understood is not wanting. 2 Ld. Raym.

832..

Quod tacite intelligitur deesse non vi

detur. 'What is tacitly understood is not

considered to be wantin g. 4 Coke, 22a.

Quod vanum et inutile est, lex non

requirit . Co . Litt. 319. The ,law reqUires

not what is vain and useless.

QUOD VIDE. Which see. .A direction

to the reader to look to another part of the

book, or to another book. there named, for

further information.

Quod voluit non dixit. 'What be intended he did not say, or express. An an

swer sometimes made in overruling an argu

ment that the law-maker or testator m eant

so and so. 1 Kent, Comm. 468, note; 1

Jobn•. Ch. 235.

Quodcunque aliquis ob tutelam cor·

poris sui fecerit, jure id fecisse videtur.

2 lost. 590. Whute, er anyone does in de

fense of his person, that he is considered to

bave done legally.

Quodque dissolvitur eodem modo quo

ligatur. 2 R olle, 39. In the same manner

that a thing is bound, in the same manner it

is unbound.

QUONIAM ATTACHIAMENTA.

(Since the attachments.) One of the oldest

books in the Scotch law. So called from tile

two first words of the volume . Jacob; Wbishaw .

QUORUM. When a committee, board of

di rectors, meeting of shareholders. legisla8

tive or other body of persons callnot ac t un-

less a certain number at least of them are

present, that number is called a "quorum. OJ

Sweet.

Quorum prmtextu nee auget nec minuit sententiam, Bed tantum confirmat

pr remiss a. Plowd. 52. "Quorum p1,(Btear

tun neither increases nor diminishes a sen

t ence, but only confirms that which wentbe8

fore.

QUOT. In old Scotch law. A twentieth

part of the movable estate of a person dying,

which was due to the bi shop of th e diocese

within which the person resided8 Bell.

QUOTA. A proportional part or share;

the proportional part of a demand or liability,

falling upon each of th ose who are collective-Iy responsible for the whole.

QUOTATION. 1. The production to a

court or judge of the exact language of a stat.

ute, precedent, or other authority. in support.of an argument or proposition advanced.

2. The transcription of part of a literary

composition into another book or writing.3. A statement of th e market price of one or

more commodities or the prica specified to-

R correspondent.

Quoties dubia interpretatio libertatis

est, secundum libertatem responden.

dum erit. Whenever the interpretation of

liberty is doubtful, the answer sbould be on

the side of liberty. Dig. 50,17,20.

Quoties idem sermo dURs sententias.exprimit, ea potissimum excipiatur,

qure rei gerendre aptior est. W h e n ~ ever the same language expresses two mean.

ings, lbat should be adopted which is the

bet ter fi tted for carrying out the subjectiamatter. Dig. 50, 17, 67.

Quoties in stipulationibus ambigua.

oratio est, commodissimum est id accipl

quo res de qua agitur in tuto sit. 'Vhen

ever the language of stipulations is ambigu-



QUOTIES IN VERBIS, ETC. 991 QUUM QUOD AGO, ETC.

OU8. it Is most fitting that that [sense]

should be taken by which the subject-matter

may be protected. Dig. 45, I, BO.

Quoties in verbis nulla est ambigu-

itas, ib i nulla. expositio contra. verba

fiend. est. Co. Litt. 147. When in the

words there 15 no ambiguity, then no expo-

sition contrary to the words is to be made.

QUOTUPLEX. Of how many kinds;how many told. A term of frequent occur ..

renee in SlJeppard'. Touchstone.

QUOUSQUE. Lat. How long; how far;until. In old conveyances it ia used as aword of limitation. 10 Coke, 41.

QUOVIS MODO. Lat. In whatever

manner.

Quum de lucro duorum qureratur,melior est causa possidentis. When the

question is as to the gain ot two persons, the

tItle of the party in possession is the better

one. Dig. 50. 17, 126. 2.Quum in testamento ambigue aut

etiam perperam scriptum est, benigne

interpl'etari et secundum id quod cred

ible at cogitatum, credendum est.When in a will an ambiguous or even an

erroneolls expression occurs. it should beconstrued liberally and in accordance with

what is thought the probable meaning of

the testator. Dig. 34, 5, 24; Broom. Max.

437.

Quum principa.lis oausa non oonsistit

ne es quidem qum sequuntul" looum

habent. When the principal does not hold,

the incidents thereof ought not to obtain.

Broom. Max. 496.

Quum quod ago non valet ut ago,

valeat quantum valere potest. 1 V ent.

216. When what I do is or DO force as tothe purpose for which I do It, let It be 01

torce to as great a degroe as it can.

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Black's Law 1st Edition - Sec. Q