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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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-
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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
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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-
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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.
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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.
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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 .
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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
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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
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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
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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.
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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.
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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
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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-
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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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