970 QUJE AOCESSIONUM
Q. B. An abbreviation of "Queen's Bench."
Q. B. D. An abbreviation of "Queen's Bench Division."
Q. C. An abbreviation of "Queen's Counsel.
Q. C. F. An abbreviation of "quare clau-sum fregit," (q. v.)
Q. E. N. An abbreviation of "quare exe-cutionem non," wherefore execution [should] not [be issued.]
Q. S. An abbreviation for "Quarter Sessions,"
Q. T. An abbreviation of "qui tarn," (9- v.)
Q. V. An abbreviation of "quod vide," used to refer a reader to the word, chapter, etc., the name of which it. immediately follows.
QUA. Lat Considered as; in the character or capacity of. For example, "the trustee qua trustee [that is, in his character as trustee] is not liable," etc.
QUACK. A pretender to medical skill which he does not possess; one who practices as a physician or surgeon without adequate preparation or due qualification. See El-mergreen v. Horn, 115 Wis. 385, 91 N. W. 973.
QUACUNQUE VIA DATA. Lat. Whichever way you take it.
QUADRAGESIMA. Lat. The fortieth. The first Sunday in Lent is so called because it is about the fortieth day before Easter. Cowell.
QUADRAGESIMALS. Offerings formerly made, on Mid-Lent Sunday, to the mother church.
QUADRAGESMS. The third volume of the year books of the reign of Edward III. So called because beginning with the fortieth year of that sovereign's reign. Crabb, Eng. Law, 327.
QUADRANS. Lat In Roman law.
The fourth part; the quarter of any number, measure, or quantity. Hence an heir to the fourth part of the inheritance was called "hceres ex quadrante." Also a Roman coin, being the fourth part of an as, equal in value to an English' half-penny.
In old English law. A farthing; a fourth part or quarter of a penny.
QUADRANT. An angular measure of ninety degrees.
QUADRANTATA TERRAS. In old
English law. A measure of land, variously described as a quarter of an acre or the fourth part of a yard-land.
QUADRARIUM. In old records. A stone-pit or quarry. Cowell.
QUADRIENNIUM. Lat. In the civil law. The four-years course of study required to be pursued by law-students before they were qualified to study the Code or collection of imperial constitutions. See Inst proem.
QUADRIENNIUM UTILE. In Scotch law. The term of four years allowed to a minor, after his majority, in which he may by suit or action endeavor to annul any deed to his prejudice, 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 who is descended from a white person and another person who has an equal mixture of the European and African blood. State v. Davis, 2 Bailey (S. C.) 558.
QUADRUPIiATORES. Lat In Roman law. Informers who, if their information were followed by conviction, had the fourth part of the confiscated goods for their trouble.
QUADRUPLICATE. Lat In the civil law. A pleading on the part of a defendant corresponding to the reoutter at common law. The third pleading on the part of the defendant Inst. 4, 14, 3; 3 Bl. Comm. 310.
Quae ab hostibus capiuntur, statim ca-pientium fiunt. 2 Burrows, 693. Things which are taken from enemies immediately become the property of the captors.
Quae ab initio inutilis fait institutio, ex post facto convalescere non potest.
An institution which was at the beginning of no use or force cannot acquire force from after matter. Dig. 50, 17, 210.
Qnse ab initio non valent, ez post facto convalescere non possnnt. Things invalid from the beginning cannot be made valid by subsequent act Tray. Lat Max. 482.
Qnse accessionnm locum, obtinent, ex-tingunntnT cum principales res peremp-tse fnerint. Things which hold the place of accessories are extinguished when the principal things are destroyed. 2 Poth. Obi. 202; Broom, Max. 496.
QUiE AD UNUM FIN EM 971 QU-ffiJ SUNT MINORIS CULP2E
;, Qnse legi communi derogant non snnt
i, trahenda in exemplum. Things deroga-
e tory to the common law are not to be drawn
r. into precedent Branch, Princ.
s- Qnse legi communi derogant stricte in-
), terpretantur. Jenk. Cent. 29. Those thing*
l, which are derogatory to the common law are
c to be strictly interpreted.
Quae mala snnt inchoata in principio e vix bono peraguntnr exitu. 4 Coke, 2. e Things bad in principle at the commence-r" ment seldom achieve a good end.
QV2E NIHIL FRUSTBA. Lat Which
ft [does or requires] nothing in vain. Which requires nothing to be done, that is, to no
l" purpose. 2 Kent, Comm. 53.
Qnse non fieri debent, facta valent. Things which ought not to be done are held valid when they have been done. Tray. Lat
" Max. 484.
't Qnse non valeant singula, juncta ju-
vant. Things which do not avail when separate, when joined avail. 3 Bulst 132; Broom, Max. 588.
a QUJE PLURA. Lat In old English
7 practice. A writ which lay where an inqul-
>> sition had been made by an escheator in any
county of such lands or tenements as any
man died seised of, and all that was in his
3 possession was imagined not to be found by
B the office; the writ commanding the es-
1 cheator to inquire what more (quce plura)
lands and tenements the party held on the
1 day when he died, etc. Fitzh. Nat. Brev.
L 255a; Cowell.
Qnse prseter consuetudinem et morem
ma jorum fiunt neque placent neque recta
J videntnr. Things which are done contrary
to the custom of our ancestors neither please
nor appear right 4 Coke, 78.
k Quae propter necessitatem recepta
sunt, non debent in argnmentnm trahi.
' Things which are admitted on the ground ot necessity ought not to be drawn into question. Dig.'50, 17, 162.
Qnse rerun natnra prohibentur nulla
1 lege confirmata sunt. Things which are
1 forbidden by the nature of things are [caii
1 be] confirmed by no law. Branch, Princ
Positive laws are framed after the laws ol
nature and reason. Finch, Law, 74.
Qnse singula non prosunt, juncta ju-vant. Things which taken singly are of no avail afford help when taken together. Tray. Lat. Max. 486.
Qnse sunt minoris ellipse sunt majoris infamise. [Offenses] which are of a lower grade of guilt are of a higher degree of infamy. Co. litt 66.
QIL2ECUNQUE INTRA RATIONEM 972
l- is the way to know what things are truly
n QTLS3STA. An indulgence or remission
of penance, sold by the pope.
QTLEESTIO. In Roman law. Anciently ' a species of commission granted by the l» comitia to one or more persons for the purpose of inquiring into some crime or public *» offense and reporting thereon. In later a times, the qucestio came to exercise plenary ° criminal jurisdiction, even to pronouncing sentence, and then was appointed periodical-ly, and eventually became a permanent com-mission or regular criminal tribunal, and Z. was then called "qucestio perpetua." See 7 Maine, Anc. Law, 369-372.
In medieval law. The question; the tor-,s ture; inquiry or inquisition by inflicting the n torture.
—Cadit qnsestio. The question falls; the discussion ends; there is no room for further ar-
_ gument.—Qnsestio vexata. A vexed question
, or mooted point; a question often agitated or discussed but not determined; a question or
y point which has been differently decided, and so
e left doubtful.
QUiESTIONARII. Those who carried qucesta about from door to door.
QUiESTIONES PERPETUA, in Roman
i- law, were commissions (or courts) of in-
r quisition into crimes alleged to have been committed. They were called "perpetuw," to distinguish them from occasional inquisi-
b tions, and because they * were permanent
* courts for the trial of offenders. Brown.
QU3SSTOR. Lat A Roman magistrate, ?„ whose office it was to collect the public rev-
enue. Varro de L. L. iv. 14.
— Qusestor sacri palatii. Quaestor of the sa-P cred palace. An officer of the imperial court at
Constantinople, with powers and duties resem-" bling those of a chancellor. Calvin.
QTJ^BSTUS. L. Lat That estate which a 1 man has by acquisition or purchase, in contradistinction to "h&reditas," which is what he has by descent Glan. 1, 7, c. 1.
QUAKER. This, in England, is the statutory, as well as the popular, name of a member of a religious society, by themselves denominated "Friends."
I QUALE JUS. Lat. In old English law.
! A judicial writ, which lay where a man of religion had judgment to recover land before execution was made of the judgment It went forth to the escheator between judgment and execution, to inquire what right the religious person had to recover, or whether the judgment were obtained by the collu-
! sion of the parties, to the intent that the lord might not be defrauded. Reg. Jud. 8.
QUALIFICATION. The possession by an individual of the qualities, properties, or
973 QUANDO ALIQUID MANDATUR
circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an - office or to perform a public duty or function. Thus, the ownership of a freehold estate may be made the qualification of a voter; so the possession of a certain amount of stock in a corporation may be the qualification necessary to enable one to serve on its board of directors. Cummings v. Missouri, 4 Wall. 319, 18 L. Ed. 356; People v. Palen, 74 Hun, 289, 26 N. Y. Supp. 225; Hyde v. State, 52 Miss. 665.
Qualification for office is "endowment, or accomplishment that fits for an office; having the legal requisites, endowed with qualities suitable for the purpose." State v. Seay, 64 Mo. 89, 27 Am. Rep. 206.
Also a modification or limitation of terms or language; usually intended by way of restriction of expressions which, by reason of their generality, would carry a larger meaning than was designed.
QUALIFIED. Adapted; fitted; entitled; as an elector to vote. Applied to one who has taken the steps to prepare himself for an appointment or office, as by» taking oath, giving bond, etc. Pub. St. Mass. p. 1294.
Also limited; restricted; confined; modi-fled; imperfect, or temporary.
The term is also applied in England to a person who is enabled to hold two benefices at once.
—Qualified, acceptance. See Acceptance. —Qualified elector means a person who is legally qualified to vote, while a 'legal voter" means a qualified elector who does in fact vote. Sanford v. Prentice, 28 Wis. 35a—Qualified fee. See Fee.—Qualified indorsement. See Indorsement.—Qualified oath. See Oath.— Qualified privilege. In the law of libel and Blander, the same as conditiQnal privilege. See Pbivilege.—Qualified property. See Prop-ebty.—Qualified voter. A person qualified to vote generally. In re House Bill No. 166, 9 Colo. 629, 21 Pac. 473. A person qualified and actually voting. Carroll County v. Smith, 111 U. S. 565, 4 Sup. Ct 539, 28 L. Ed. 517.
QUALIFY. To make one's self fit or prepared 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 oath, giving bond, etc. Pub. St. Mass. p. 1294; Archer v. State, 74 Md. 443, 22 Atl. 8, 28 Am. St. Rep. 261; Hale v. Salter, 25 La. Ann. 324; State v. Albert, 55 Kan. 154, 40 Pac. 286.
Also to limit; to modify; to restrict. Thus, it is said that one section of a statute qualifies another.
Qualitas quae inesse debet, facile prae-•umitur. A quality which ought to form a part is easily presumed.
QUALITY. In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. In pleading, it means an
attribute or characteristic by which one thing is distinguished from another.
—Quality of estate. The period when, and the manner in which, the right of enjoying an estate is exercised. It is of two kinds: (1) The period when the right of enjoying an estate is conferred upon the owner, whether at present or in future; and (2) the manner in which the owner's right of enjoyment of his estate is to be exercised, whether solely, jointly, in common, or in coparcenary. Wharton.
Quam longum debet esse rationabile tempus non definitur in lege, sed pen-det ex discretione justiciariorum. Co.
Litt. 56. How long reasonable time ought to be, is not defined by law, but depends upon the discretion of the judges.
Quam rationabilis debet esse finis, non definitur, sed omnibus circumstantiis inspectis pendet ex justiciariorum discretione. What a reasonable fine ought to be is not defined, but is left to the discretion of the judges, all the circumstances being considered. 11 Coke, 44.
QUAMDIU. Lat 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; during good behavior; a clause frequent in letters patent or grants of certain offices, to secure them so long as the persons to whom they are granted shall not be guilty of abusing them, the opposite clause being "durante bene placito," (during the pleasure of the grantor.)
Quamvis aliquid per se non sit malum, tain en, si sit mali exempli, non est faciendum. Although a thing may not be bad in.itself, yet, if it is of bad example, It is not to be done. 2 Inst. 564.
Quamvis lex generaliter loquitur, re-stringenda tamen est, ut, cessante ra-tione, ipsa cessat. Although a law speaks generally, yet it is to be restrained, so that when its reason ceases, it should cease also.
4 Inst 330.
Quando abest provisio partis, adest provisio legis. When the provision of the party is wanting, the provision of the law is at hand. 6 Vin. Abr. 49; 13 C. B. 960.
QUANDO ACCIDERINT. Lat. When they shall come in. The name of a judgment sometimes given against an executor, especially on a plea of plene administravit, which empowers the plaintiff to have the benefit of assets which may at any time thereafter come to the hands of the executor.
Quando aliquid mandatur, mandatur et omne per quod pervenitur ad illud.
5 Coke, 116. When anything is commanded,
QUANDO ALIQUID PROHIBKTUR 974 QUANDO VERBA STATUTI
everything by which it can be accomplished is also commanded.
Qnando aliqnid prohibetnr ex directo, prohibetnr et per obliquum. Co. LAtt 223. When anything is prohibited directly, it is prohibited also indirectly.
Qnando aliqnid prohibetnr, prohibetnr et omne per quod devenitur ad illnd.
When anything is prohibited, everything by which it is reached is prohibited also. 2 Inst 48. That which cannot be done directly shall not be done indirectly. Broom; Max. 489.
Qnando aliquis aliqnid eoncedit, con-cedere videtnr et id sine qno res nti non potest. When a person grants anything, he is supposed to grant that also without which the thing cannot be used. 3 Kent, Comm. 421. When the use of a thing is granted, everything is granted by which the grantee may have and enjoy such use. Id.
Qnando oharta continet generalem elansnlam, posteaqne deseendit ad verba specialia qnee clausula general! snnt consentanea, interpretanda est charta secundum verba specialia. When a deed contains a general clause, and afterwards descends to special words which are agreeable to the general clause, the deed is to be interpreted according to the special words. 8 Coke, 1546.
Qnando de una et eadem re duo one-rabiles existunt, nuns, pro insufficientia alterius, de integro onerabitur. When there are two persons liable for one and the same thing, one of them, in case of _ default of the other, shall be charged with the whole. 2 Inst. 277.
Qnando dispositio referri potest ad dnas res ita qnod secundum relationem nnam vitietnr et secundum alteram ntilis sit, turn facienda est relatio ad illam ut valeat dispositio. 6 Coke, 76. When a disposition may refer to two things, so that by the former it would be vitiated, and by the latter it would be preserved, then the relation is to be made to the latter, so that the disposition may be valid.
Qnando diversi desiderantnr actus ad aliquem statnm perficiendum, pins re-spicit lex actum originalem. When different acts are required to the formation of any estate, the law chiefly regards the original act. 10 Coke, 49a. When to the perfection of an estate or interest divers acts or things are requisite, the law has more regard to the original act, for that is the fundamental part on which all the others are founded. Id.
Qnando jus domini regis et snbditl eoncurrunt, jus regis prseferri debet.
9 Coke, 129. When the right of king and of subject concur, the king's right should be preferred.
Qnando lex aliqnid alien! eoncedit, concedere videtnr et id sine qno res ipsse esse non potest. 5 Coke, 47. When the law gives a man anything, it gives him that also without which the thing itself cannot exist.
Qnando lex aliqnid alien! eoncedit, omnia incidentia tacite conceduntur.
2 Inst. 326. When the law gives anything to any one, all incidents are tacitly given.
Qnando lex est specialis, ratio antem generalis, generaliter lex est intelligent
da. When a law is special, but its reason [or object] general, the law is to be understood generally. 2 Inst 83.
Qnando licet id quod majus, videtnr et licere id qnod minus. Shep. Touch. 429. When the greater is allowed, the less is to be understood as allowed also.
Qnando mnlier nobilis nupserit igno-bili, desinit esse nobilis nisi nobilitas nativa fnerit. 4 Coke, 118. When a noble woman marries a man not noble, she ceases to be noble, unless her nobility was born with her.
Qnando plus fit qnam fieri debet, videtnr etiam illnd fieri quod faciendum est. When more is done than ought to be done, that at least shall be considered as performed which should have been performed, [as, if a man, having a power to make a lease for ten years, make one for twenty years, it shall be void only for the surplus.] Broom, Max. 177; 5 Coke, 115; 8 Coke, 85a.
Qnando qnod ago non valet nt ago, valeat quantum valere potest. When that which I do does not have effect as I do it, let it have as much effect as it can. Jackson ex dem. Troup v. Blodget, 16 Johns. (N. Y.) 172, 178; Vandervolgen v. Yates, 3 Barb. Ch. (N. Y.) 242, 261.
Qnando res non valet nt ago, valeat quantum valere potest. When a thing is of no effect as I do it it shall have effect as far as [or in whatever way] it can. Cowp. 600.
Qnando verba et mens eongrnnnt, non est interpretation! locus. When th» words and the mind agree, there is no place for interpretation.
Qnando verba statnti snnt specialia, ratio antem generalis, generaliter statn-tum est intelligendum. When the words
975 QUARE OBSTRUXIT
of a statute are special, but the reason or object of it general, the statute is to be construed generally. 10 Coke, 1016.
QUANTI MINORIS. Lat The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which diminish its value.
QUANTUM DAMNIFICATUS? How
much damnified? The name of an issue directed by a court of equity to be tried in a court of law, to ascertain the amount of compensation to be allowed for damage.
QUANTUM MERUIT. As much as he deserved. In pleading. The common count in an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay the plaintiff as much as he reasonably deserved to have for his labor. 3 Bl. Comm. 161; 1 Tidd, Pr. 2.
Quantum tenens domino ex homagio, tantnm dominus tenenti ex dominio debet preeter solam reverentiam; mntna debet esse dominil et homagii fidelita-tia connexio. Co. Litt. 64. As much as the tenant by his homage owes to his lord, so much is the lord, by his lordship, indebted to the tenant, except reverence alone; the tie of dominion and of homage ought to be mutual.
QUANTUM VALEBANT. As much as they were worth. In pleading. The common count in an action of assumpsit for goods sold and delivered, founded on an implied assumpsit or promise, on the part of the defendant, to pay the plaintiff as much <w the goods were reasonably worth. 3 Bl. Comm. 161; 1 Tidd, Pr. 2.
QUARANTINE. A period of time (theoretically forty days) during which a vessel, coming from a place where a contagious or infectious disease is prevalent, is detained by authority in the harbor of her port of destination, or at a station near it, without being 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 days during which a widow has a right to remain in her late husband's principal mansion immediately after his death. The right of the widow is also called her "quarantine." «ee Davis v. Lowden, 56 N. J. Eq. 126, 38 Atl. 648,; Glenn v. Glenn, 41 Ala. 580; Spinning v. Spinning, 43 N. J. Eq. 215, 10 Atl. 270.
QUARE. Lat Wherefore; for what reason; on what account Used in the Latin form of several common-law writs.
QUARE CLAUSUM FREGIT. Lat
Wherefore he broke the close. That species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another's land is termed "trespass quare clausum fregit;" "breaking a close" being the technical expression for an unlawful entry upon land. The language of the declaration in this form of action Is "that the defendant with force and arms, broke and entered the close" of the plaintiff. The phrase is often abbreviated to "qu. cl. Jr." Brown.
QUARE EJECIT INFRA TERMINUM.
Wherefore he ejected within the term. In old practice. A writ which lay for a lessee where he was ejected before the expiration of his term, in cases where the wrong-doer or ejector was not himself in possession of the lands, but his feoffee or another claiming under him. 3 Bl. Comm. 199, 206; Reg. Orig. 227; Fitzh. Nat Brev. 197 S.
QUARE IMPEDIT. Wherefore he hinders. In English practice. A writ or action which lies for the patron of an advowson, where he has been disturbed in his right of patronage; so called from the emphatic words of the old form, by which the disturber was summoned to answer why he hinders the plaintiff. 3 Bl. Comm. 246, 248.
QUARE INCUMBRAVIT. In English law. A writ which lay against a bishop who, within six months after the vacation of a benefice, conferred it on his clerk, while two others were contending at law for the right of presentation, calling upon him to show cause why he had incumbered the church. Reg* Orig. 32. Abolished by 3 & 4 Wm. IV. a 27.
QUARE INTRUSIT. A writ that formerly lay where the lord proffered a suitable marriage to his ward, who rejected it, and entered into the land, and married another, the value of his marriage not being satisfied to the 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 making an insufficient return to it may be fined. Wats. Cler. Law, 302.
QUARE NON PERMITTIT. An ancient writ, which lay for one who had a right to present to a church for a turn against the proprietary. Fleta, 1. 5, c 6.
QUARE OBSTRUXIT. Wherefore he obstructed. In old English practice. A writ which lay for one who, having a liberty to pass through his neighbor's ground, could
QUARENTENA TERR2E 976
not enjoy his right because the owner bad so obstructed it Cowell.
QUARENTENA TERRS:. A furlong. CO. Litt 56.
QUARREL. This word is said to extend not only to real and personal actions, but also to the causes of actions and suits; so that by the release of all "quarrels," not only actions pending, but also causes of action and suit, are released; and "quarrels," "controversies," and "debates" are in law considered as having the same meaning. Co. Litt 8, 153; Termes de la Ley.
In an untechnical sense, it signifies an altercation, an angry dispute, an exchange of recriminations, taunts, threats or accusations between two persons. See Carr v. Con-yers, 84 Ga. 287, 10 S. B. 630, 20 Am. St Rep. 357; Accident Ins. Co. v. Bennett, 90 Tenn. 256, 16 S. W. 723, 25 Am. St. Rep. 685; Metcalf v. People, 2 Colo. App. 262, 30 Pac. 39.
QUARRY. In mining law. An open excavation where the works are visible at the surface; a place or pit where stone, slate, marble, etc., is dug out or separated from a mass of rock. Bainb. Mines, 2. See Marvel v. Merritt, 116 U. S. 11, 6 Sup. Ct. 207, 29 L. Ed. 550; Murray v. Allred, 100 Tenn. 100, 43 S. W. 355, 39 L. R. A. 249, 66 Am. St Rep. 740; Ruttledge v. Kress, 17 Pa. Super. Ct 495.
QUART. A liquid measure, containing one-fourth part of a gallon.
QUARTA DIVI PH. In Roman law. That portion of a testator's estate which he was required by law to leave to a child whom he had adopted and afterwards emancipated or unjustly disinherited, being one-fourth of his property. See Mackeld. Rom. Law, § 594.
QUARTA FAXCIDIA. In Roman law. That portion of a testator's estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one-fourth. See Mackeld. Rom. Law, § 771.
QUARTER. The fourth part of anything, especially of a year. Also a length of four inches. In England, a measure of corn, generally reckoned at eight bushels, though subject to local variations. See Hospital St Cross v. Lord Howard De Walden, 6 Term, 343. In American land law, a quarter section of land. See infra. And see McCartney v. Dennison, 101 Cal. 252, 35 Pac. 766.
—Quarter-day. The four days in the year upon which, by law or custom, moneys payable in quarter-yearly installments are collectible, are called "quarter-days."—Quarter-dollar. A silver coin of the United States, of the value of twenty-five cents.—Quarter-eagle. A gold
coin of the United States, of the value of two and a half dollars.—Quarter of a year. Nine* ty-one days. Co. Litt 1356.—Quarter-sales. In New York law. A species of fine on alienation, being one-fourth of the purchase money of an estate, which is stipulated to be paid back on alienation by the grantee. The expressions "tenth-sales," etc., are also used, with similar meanings. Jackson ex dem. Livingston v. Groat 7 Cow. (N. Y.) 285.—Quarter seal. See Seal. —Quarter section. In American land law. The quarter of a section of land according to the divisions of the government survey, laid off by dividing the section into four equal parts by north-and south and east-and-west lines, and containing 160 acres.
QUARTER SESSIONS. In English law. A criminal court held before two or more justices of the peace, < (one of whom must be of the quorum,) in every county, once in every quarter of a year. 4 BL Comm. 271; 4 Steph. Comm. 335.
In American law. Courts established in some of the states, to be holden four times in the year, invested with criminal jurisdiction, usually of offenses less than felony, and sometimes with the charge of certain administrative matters, such as the care of public roads and bridges.
QUARTERING. In English criminal law. The dividing a criminal's body into quarters, after execution. A part of the punishment of high treason. 4 Bl. Comm. 93.
QUARTERING SOLDIERS. The act of
a government in billeting or assigning soldiers to private houses, without the consent of the owners of such houses, and requiring such owners to supply them with board or lodging or both.
QUARTERIZATION. Quartering of criminals.
QUARTERLY COURTS. A system of courts in Kentucky possessing a limited original jurisdiction in civil cases and appellate Jurisdiction from justices of the peace.
QUARTERONE. In the Spanish and French West Indies, a quadroon, that is, a person one of whose parents was white and the other a mulatto. See Daniel v. Guy, 19 Ark. 131.
QUARTO DIE POST. Lat On the
fourth day after. Appearance day, in the former English practice, the defendant being allowed four days, inclusive, from the return of the writ, to make his appearance.
QUASH. To overthrow; to abate; to annul; to make void. Spelman; 3 Bl. Comm. 303; Crawford v. Stewart, 38 Pa. *34; Holland v. Webster, 43 Fla. 85, 29 South. 625;. Bosley v. Bruner, 2 Cushm. (Miss.) 462.
QUASI. Lat As if; as it were; analogous to. This term is used in legal phrase-
977 QUERELA INOFFIOIOSI
ology to indicate that one subject resembles another, with which it is compared, in certain characteristics, but that there are also Intrinsic differences between them.
It is exclusively a term of classification. Prefixed to a term of Roman law, it implies^ that the conception to which it serves as an index is connected with the conception with which the comparison is instituted by a strong superficial analogy or resemblance. It negatives the notion of identity, but points out that the conceptions are sufficiently similar for one to be classed as the sequel to the other. Maine, Anc. Daw, 332. Civilians use the expressions "quasi contractus," "quasi delictum," "quasi possessio," "quasi traditio," etc.
As to quasi "Affinity," "Contract," "Corporation," "Crime," "Delict," "Deposit," "Derelict," "Easement," "Entail," "Fee," "In Rem," "Judicial," "Municipal Corporation," "Offense," "Partners," "Personalty," "Possession," "Posthumous Child," "Purchase," "Realty," "Tenant," "Tort," "Traditio," "Trustee," and "Usufruct," see those titles.
QUATER COUSIN. See Cousin.
QUATUOR PEDIBUS CURRIT. Lat
It runs upon four feet; it runs upon all fours. See Auj-Fotjbs.
QUATUORVIRI. In Roman law. Magistrates who had the care and inspection of roads. Dig. 1, 2, 3, 30.
QUAY. A wharf for the loading or unloading of goods carried in ships. This word is sometimes spelled "key."
The popular and commercial signification of the word "quay" involves the notion of a space of ground appropriated to the public use; such use as the convenience of commerce requires. New Orleans v. U. S., 10 Pet. 662, 715, 9 L. Ed. 573.
QUE EST LE MESME. L. Fr. Which Is the same. A term used in actions of trespass, etc. See Qu^e est Eadem.
QUE ESTATE. D. Fr. Whose estate. A term used in pleading, particularly in claiming prescription, by which it is alleged that the plaintiff and those former owners whose estate he has have immemorially exercised the right claimed. This was called "prescribing in a que estate."
QUEAN. A worthless woman; a strumpet. Obsolete.
QUEEN. A woman who possesses the sovereignty and royal power in a country under a monarchical form of government. The wife of a king.
—Queen consort. In English law. The wife of a reigning king. 1 Bl. Comm. 218.—Queen do-wager. In English law. The widow of a king. 1 Bl. Comm. 223.—Queen-gold. A royal revenue belonging to every queen consort during her marriage with the king, and due from every person who has made a voluntary fine or
Bl.Law Dict.(2d Ed.)—62
offer to the king of ten marks or upwards, in consideration of any grant or privilege conferred by the crown. It is now quite obsolete. 1 Bl. Comm. 220-222.—Queen regnant. In English law. A queen who holds the crown in her own right; as the first Queen Mary, Queen Elizabeth, Queen Anne, and the late Queen Victoria. 1 Bl. Comm. 218; 2 Steph. Comm. 465.
For the titles and descriptions of various officers in the English legal system, called "Queen's Advocate," "Queen's Coroner," "Queen's Counsel," "Queen'a Proctor," "Queen's Remembrancer," etc., during the reign of a female sovereign, as in the time of the late Queen Victoria, see, now, under King and the following titles.
QUEEN ANNE'S BOUNTY. A fund created by a charter of Queen Anne, (confirmed by St. 2 Ann. c. 11,) for the augmentation of poor livings, consisting of all the revenue of first fruits and tenths, which was vested in trustees forever. 1 Bl. Comm. 286.
QUEEN'S BENCH. The English court of king's bench is so called during the reign of a queen. 3 Steph. Comm. 403. See King's Bench.
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 Westminster, the high court of admiralty, and also to persons imprisoned under the bankrupt law.
QUEM BEDITUM REDDIT. L. Lat. An old writ which lay where a rent-charge or other rent which was not rent service was granted by fine holding of the grantor. If the tenant would not attorn, then the grantee might have had this writ. Old Nat Brev. 126.
Qnemadmodnm ad qusestionem facti non respondent indices, ita ad qusestionem juris non respondent juratores.
In the same manner that judges do not answer to questions of fact, so jurors do not answer to questions of law. Co. Litt 295.
QUERELA. Lat. An action preferred in any court of justice. The plaintiff was called "guerens," or complainant and his brief, complaint, or declaration was called "querela." Jacob.
QUERELA CORAM REGE A CON-CILIO DISCUTIENDA ET TERMI-NANDA. A writ by which one is called to justify a complaint of a trespass made to the king himself, before the king and his council. Reg. Orig. 124.
QUERELA INOFFICIOSI TESTA-MENTI. Lat In the civil law. A species of action allowed to a child who had been unjustly disinherited, to set aside the will, founded on the presumption of law, in such
QUI DAT PINEM
cases, that the parent was not in his right mind. Calvin.; 2 Kent, Comm. 327; Bell.
QUERENS. Lat 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 examination heretofore in use in some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by means of the rack or other engines, in order to extort from him, as the condition of his release from the torture, a confession of his own guilt or the names of his accomplices.
In evidence. An interrogation put to a witness, for the purpose of having him declare the truth of certain facts as far as he •snows them.
In practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jury.
—Categorical question. One inviting a distinct and positive statement of fact; one which can be answered by "yes" or "no." In the plural, a series of questions, covering a particular subject-matter, arranged in a systematic and consecutive order.—Federal question. See Federal.—Leading question. See that title. —Hypothetical question. See that title.— Political question. See Political.
QUESTMAN, or QUESTMONGER. In
old English law. A starter of lawsuits, or prosecutions; also a person chosen to inquire into abuses, especially such as relate to weights and measures; also a church-warden.
QUESTORES PARRICIDII. Lat. In Roman law. Certain officers, two in number, who were deputed by the comitia, as a kind of commission, to search out and try all cases of parricide and murder. They were probably appointed annually. Maine, Anc. Law, 370.
QUESTUS EST NOBIS. Lat. A writ of nuisance, 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 lay only against him who first levied or caused the nuisance to the damage of his neighbor. Cowell.
Qui abjurat regnnm amittit regnum, ?ed non regent; patriam, sed non patrem patriae. 7 Coke, 9. He who abjures the realm leaves the realm, but not the king; the country, but not the father of the country.
Qui accusat integrse famee sit, et non eriminosus. Let him who accuses be of clear fame, and not criminal. 3 Inst 26.
Qui acquirit sibi acquirit hseredibua.
He who acquires for himself acquires for his heirs. Tray. Lat Max. 496.
Qui adimit medium dirimit flnem. He
who takes away the mean destroys the end. Co. Litt 161a. He that deprives a man of the 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 sequum licet dixerit, baud sequ-um f ecerit. He who determines any matter without hearing both sides, though he may have decided right has not done justica 6 Coke, 52a; 4 BL Comm. 283.
Qui alterius jure utitur, eodem jure uti debet. He who uses the right of another ought to use the same right Poth. Traits De Change, pt 1, c. 4, § 114; Broom, Max. 473.
Qui approbat non reprobat. He who
approbates does not reprobate, [i. e., he cannot both accept and reject the same thing.]
Qui bene distinguit bene docet. 2 Inst. 470. He who distinguishes well teaches well.
Qui bene interrogat bene docet. He
who questions well teaches well. 3 Bulst 227. Information or express averment may be effectually conveyed in the way of interrogation. Id.
Qui cadit a syllaba cadit a tota causa.
He who fails in a syllable fails in his whole cause. Bract fol. 211.
Qui coneedit aliquid, conoedere videtur et id sine quo concessio est irrita, sine quo res ipsa esse non potuit. 11 Coke, 52. He who concedes anything is considered as conceding that without which his concession would be void, without which the thing Itself could not exist
Qui coneedit aliquid coneedit 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 connrmat nihil dat. He who confirms does not give. 2 Bouv. Inst. no. 2069.
Qui contemnit prseceptum contemnit prsecipientem. He who contemns [contemptuously treats] a command contemns the party who gives it. 12 Coke, 97.
Qui cum alio contrahit, vel est, -rel esse debet non ignarus oonditionis ejus. He
who contracts with another either is or ought to be not ignorant of his condition. Dig. 50, 17, 19; Story, Confl. Laws, § 76.
Qui dat flnem, dat media ad flnem nec-essaria. He who gives an end gives the
QUI DESTRUIT MEDIUM 979 QUI NON PROHIBET
means to that end. Commonwealth v. Andrews, 3 Mass. 129.
Qui destruit medium, destruit finem.
He who destroys the mean destroys the end. 10 Coke, 516; Co. Litt 161a; Shep. Touch. 842.
Qui doit inheritor al pere doit inher-iter al fits. He who would have been heir to the father shall be heir to the son. 2 BL Comm. 223; Broom, Max. 517.
Qui evertit eausam, evertit eausatum futuxum. He who overthrows the cause overthrows its future effects. 10 Coke, 51.
Qui ex damnato eoitu nascuntur inter liberos non eomputentur. Those who are born of an unlawful intercourse are not reckoned among the children. Co. 'Litt. 8a; Broom, Max. 519.
Qui facit per alium facit per se. He
who acts through another acts himself, [i. e., the acts of an agent are the acts of the principal.] Broom, Max. 818, et seq.; 1 BL Comm. 429; Story, Ag. g 440.
Qui habet jurisdietionem absolvendi, habet jurisdietionem ligandi. He who
has jurisdiction to loosen, has jurisdiction to bind. 12 Coke, 60. Applied to writs of prohibition and consultation, as resting on a similar foundation. Id.
Qui hseret in litera hseret in cortice.
He who considers merely the letter of an instrument goes but skin deep into its meaning. Co. Litt 289; Broom, Max. 685.
Qui ignorat quantum solvere debeat, non potest improbus videre. He who does not know what he ought to pay, does not want probity in not paying. Dig. 50, 17, 99.
Qui in jus dominiumve altering suc-cedit jure ejus uti debet. He who succeeds to the right or property of another ought to use his right, [». e., holds it subject to the same rights and liabilities as attached to it in the hands of the assignor.] Dig. 50, 17, 177; Broom, Max. 473, 478.
Qui in utero est pro jam nato habe-tur, quo ties de ejus commodo quseritur.
He who is in the womb is held as already born, whenever a duestion arises for his benefit
Qui jure suo utitur, nemini facit inju-riam. He who uses his legal rights harms no one. Carson y. Western R. Co., 8 Gray (Mass.) 424. See Broom, Max. 379.
Qui jussu judicis aliquod fecerit non tvidetur dolo malo fecisse, quia parere necesse est. Where a person does an act
by command of one exercising judicial authority, the law will not suppose that he acted from any wrongful or improper motive, because it was his bounden duty to obey. 10 Coke, 76; Broom, Max. 93.
Qui male agit odit lucem. He who acts badly hates the light 7 Coke, 66.
Qui mandat ipse fecissi videtur. He
who commands [a thing to be done] is held to have done it himself. Story, Bailm. § 147.
Qui melius probat melius habet. He
who proves most recovers most. 9 Vin. Abr. 235.
Qui molitur insidias in patriam id facit quod insanus nauta perf orans navem in qua vehitur. He who betrays his country is like the insane sailor who bores a hole in the ship which carries him. 3 Inst 36.
Qui non cadunt in constantem virum vani timores sunt sestimandi. 7 Coke, 27. Those fears are to be esteemed 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 give, gives nothing. A person cannot convey a right that is not in him. If a man grant that which is not his, the grant is void. Shep. Touch. 243; Watk. Conv. 191.
Qui non habet in eere, luat in corpore, ne quis peccetur impune. He who cannot pay with his purse must suffer in his person, lest he who offends should go unpunished. 2 Inst 173; 4 BL Comm. 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 Inst 27. He who does not blame, approves.
Qui non libere veritatem pronunciat proditor est veritatis. He who does not freely speak the truth is a betrayer of the truth.
Qui non negat fatetur. He who does not deny, admits. A well-known rule of pleading. Tray. Lat. Max. 503.
Qui non obstat quod obstare potest, fa-cere videtur. He who does not prevent [a thing] which he can prevent is considered to do [as doing] it. 2 Inst 146.
Qui non prohibet id quod prohibere potest assentire videtur. 2 Inst 308. He who does not forbid what he is able to prevent is considered to assent
QUI NON PROPULSAT 980
Qui non propulsat injuriam quando potest, infert. Jenk. Cent 271. He who does not repel an injury when he can, induces it.
Qui obstruit aditum, destruit com-
modnm. He who obstructs a way, passage, or entrance destroys a benefit or convenience. Co. Litt 161a. He who prevents another from entering upon land destroys the benefit which he has from it Id.
Qui omne dicit nihil excludit. 4 Inst 81. He who says all excludes nothing.
Qui parcit nocentibus innocentes pun-it. Jenk. Cent 133. He who spares the guilty punishes the innocent
Qui peccat ebrius luat sobrius. He
who sins when drunk shall be punished when sober. Cary, 133; Broom, Max. 17.
Qui per alium facit 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 agit. 2
Rolle, 17. What a man does fraudulently he does in vain.
Qui potest et debet vetare, jubet. He
who can and ought to forbid a thing [if he do not forbid it] directs it 2 Kent Oomm. 483, note.
Qui primum peccat ille facit rixam.
Godb. He who sins first makes the strife.
Qui prior est tempore potior est jure.
He who is before in time is the better in right Priority in time gives preference in law. Oo. Litt 14aj 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. § 312.
Qui pro me aliquid facit nihi fecisse videtur. 2 Inst 501. He who does anything for me appears to do it to me.
Qui providet sibi providet hseredibus.
He who provides for himself provides for his heirs.
Qui rationem in omnibus quserunt ra-tionem subvertunt. They who seek a reason for everything subvert reason. 2 Coke, 75; Broom, Max. 157.
Qui sciens solvit indebitum donandi consilio id videtur fecisse. One who
knowingly pays what is not due is supposed to have done it with the intention of making a gift Walker v. HilL 17 Mass. 38a
Qui semel actionem renunciaverit am-plius repetere non potest. He who has
once relinquished his action cannot bring it again. 8 Coke, 59a. A rule descriptive of the effect of a retraxit and nolle prosequi.
Qui semel est malus, semper prsesu-mitur esse malus in eodem genere. He
who is once criminal is presumed to be always criminal in the same kind or way. Cro. Car. 317; Best Bv. 345.
Qui sentit commodum sentire debet et onus. He who receives the advantage ought also to suffer the burden. 1 Coke, 99; Broom, Max. 706-713.
Qui sentit onus sentire debet et commodum. 1 Coke, 99a. He who bears the burden of a thing ought also to experience the advantage arising from it
Qui tacet, consentire videtur. He who
is silent is supposed to consent The silence of a party implies his consent Jenk. Cent p. 32, case 64; Broom, Max.' 138, 787.
Qui tacet consentire videtur, ubi trac-tatur de ejus commodo. 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 not deny. Dig. 50, 17, 142.
QUI TAM. Lat "Who as well .'»
An action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other institution, is called a "qui tarn action;" because the plaintiff states that he sues as well for the state as for himself. See In re Barker, 56 Vt 14; Grover v. Morris, 73 N. Y. 478.
Qui tardius solvit, minus solvit. He
who pays more tardily [than he ought] pays less [than he ought] Jenk. Cent 58.
Qui timent, cavent vitant. They who fear, take care and avoid. Branch, Princ.
Qui totum dicit nihil excipit. He who
says all excepts nothing.
Qui vult decipi, decipiatux. Let him
who wishes to be deceived, be deceived. Broom, Max. 782, note; 1 De Gex, M. & G. 687, 710; Shep. Touch. 56.
QUIA. Lat Because; whereas; inasmuch as.
QUIA DATUM EST NOBIS INTELLI-
GI. Because it is given to us to understand. Formal words in old writs.
QUIA EMPTORES. "Because the purchasers." The title of the statute of Westm. -3, (18 Edw. I. c. 1.) This statute took from the tenants of common lords the feudal liberty they claimed of disposing of part of their lands to hold of themselves, and, instead of it, gave them a general liberty to sell all or any part, to hold of the next superior lord, which they could not have done before without consent The effect of this statute was twofold: (1) To facilitate the alienation of fee-simple estates; and (2) to put an end to the creation of any new manors, i. e., tenancies in fee-simple of a subject Brown.
QUIA ERRONICE EMANAVIT. Be
cause it issued erroneously, or through mis
take. A term in old English practice. Yel.
QUIA TIMET. Lat. Because he fears or apprehends. In equity practice. The technical name of a bill filed by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or interests. 2 Story, Eq. Jur. § 826.
QUIBBLE. A cavilling or verbal objection. A slight difficulty raised without necessity or propriety.
QUICK. Living; alive. "Quick chattels must be put in pound-overt that the owner may give them sustenance; dead need not" Finch, Law, b. 2, c. 6.
QUICK WITH CHILD. See Quickening.
QUICKENING. In medical jurisprudence. The first motion of the foetus in the womb felt by the mother, occurring usually about the middle of the term of pregnancy. See Com. v. Parker, 9 Mete. (Mass.) 266, 43 Am. Dec. 396; State v. Cooper, 22 N. J. Law, 57, 51 Am. Dec. 248; Evans v. People, 49 N. Y. 89.
Quicquid acquiritur servo acquiritur domino. Whatever is acquired by the servant is acquired for the master. Pull. Accts. 38, note. Whatever rights are acquired by an agent are acquired for his principal. Story, Ag. § 403.
Quicquid demonstrates rei additnr satis demonstrate frustra est. Whatever is added to demonstrate anything already sufficiently demonstrated is surplusage. Dig. 33, 4, 1, 8; Broom, Max. 630.
Quicquid est contra normam recti est injuria. 3 Bulst. 313. Whatever is against the rule of right is a wrong.
Quicquid in ezcessu actum est, lege prohibetur. 2 Inst 107. Whatever Is done in excess is prohibited by law.
Quicquid judicis auctoritati subjicitur novitati non subjicitur. Whatever is subject to the authority of a judge is not subject to Innovation. 4 Inst 66.
Quicquid plantatur solo, solo cedit*
Whatever is affixed to the soil belongs to the soiL Broom, Max. 401-43L
Quicquid solvitur, solvitur secundum modum solventis; quicquid reeipitur, re-cipitur secundum modum recipientis.
Whatever money is paid, is paid according to the direction of the payer; whatever money is received, is received according to that of the recipient. 2 Vern. 606; Broom, Max. 810.
Quicunque habet jurisdictionem ordi-nariam est illius loci ordinarius. Co.
Litt 344. Whoever has an ordinary jurisdiction is ordinary of that place.
Quicunque jussu judicis aliquid fece-rit non videtur dolo malo fecisse, quia parere necesse est. 10 Coke, 71. Whoever 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 English practice. A writ which lay for the grantee of a reversion or remainder, where the particular tenant would not attorn, for the purpose of compelling him. Termes de la Ley; Cowell.
QUID FRO QUO. What for what; something for something. Used in law for the giving one valuable thing for another. It is nothing more than the mutual consideration which passes between the parties to a contract and which renders it valid and binding. Cowell.
Quid sit jus, et in quo consistit injuria, legis est definire. What constitutes right, and what injury, it is the business of the law to declare. Co. Litt 158&.
QUID AM. Lat Somebody. This term is used in the French law to designate a person whose name is not known.
Quidquid enim sive dolo et culpa ven-ditoris accidit in eo venditor securus est.
For concerning anything which occurs without deceit and wrong on the part of the vendor, the vendor is secure. Brown v. Bellows, 4 Pick. (Mass.) 198.
QUIET, v. To pacify; to render secure or unassailable by the removal of disquieting causes or disputes. This is the meaning of the word in the phrase-"action to quiet title," which is a proceeding to establish the plaintiff's title to land by bringing into court an adverse claimant and there compelling
him either to establish his claim or be forever after estopped from asserting it See Wright v. Mattison, 18 How. 56, 15 L. Ed. 280.
QUIET, adj. Unmolested; tranquil; free from interference or disturbance.
—Quiet enjoyment. A covenant, usually inserted in leases and conveyances on the part of the grantor, promising that the tenant or grantee shall enjoy the possession of the premises in peace and without disturbance, is called a covenant "for quiet enjoyment"
Quieta non movere. Not to unsettle things which are established. Green v. Hudson River R. Co., 28 Barb. (N. Y.) 9, 22.
QUIETARE. L. Lat To quit, acquit discharge, or save harmless. A formal word in old deeds of donation and other conveyances. Cowell.
QUIETE CLAMANTIA. L. Lat In old
English law. Quitclaim. Bract fol. 33 &.
QUIETE CLAMARE. L. Lat To quitclaim or renounce all pretensions of right and title. Bract fols. 1, 5.
QUIETUS. In old English law. Quit; acquitted; discharged. A word used by the clerk of the pipe, and auditors in the exchequer, in their acquittances or discharges given to accountants; usually concluding with an abinde recessit quietus, (hath gone quit thereof,) which was called a "quietus est." Cow-ell.
In modern law, the word denotes an acquittance or discharge; as of an executor or administrator, (White v. Ditson, 140 Mass. 351, 4 N. E. 606, 54 Am. Rep. 473,) or of a judge or attorney general, (3 Mod. 99.)
QUIETUS REDDITUS. In old English law. Quitrent Spelman. See Quitbent.
Quilibet potest renunciare jnri pro me introducto. Every one may renounce or relinquish a right introduced for his own benefit 2 Inst 183; Wing. Max. p. 483, max. '123; 4 Bl. Comm. 317.
QUELLE. In French marine law. Keel; the keel of a vessel. Ord. Mar. liv. 3, tit 6, art 8.
QUINQUE PORTUS. In old English law. The Cinque Ports. Spelman.
QUINQUEPARTITE. Consisting of five parts; divided into five parts.
QUINSTEME, or QUINZIME. Fifteenths ; also the fifteenth day after a festival. 13 Edw. I. See Cowell.
QUINTAL, or KINTAL. A weight of one hundred pounds. Cowell.
QUINTERONE. A term used in the West Indies to designate a person one of whoa* parents was a white person and the other a quadroon. Also spelled "quintroon." See Daniel v. Guy, 19 Ark. 131.
QUINTO EXACTUS. In old practice. Called or exacted the fifth time. A return made by the sheriff, after a defendant had been proclaimed, required, or exacted in five county courts successively, and failed to appear, upon which he was outlawed by the coroners of the county. 3 Bl. Comm. 283.
QUIRE OF DOVER. In English law. A record in the exchequer, showing the tenures for guarding and repairing Dover Castle, and determining the services of the Cinque Ports. 3 How. State Tr. 868.
QUIRITARIAN OWNERSHIP. In Roman law. Ownership held by a title recognized by the municipal law, in an object also recognized by that law, and in the strict character of a Roman citizen. "Roman law originally only recognized one kind of dominion, called, emphatically, 'quiritary dominion.' Gradually, however, certain real rights arose which, though they failed to satisfy all the elements of the definition of quiritary dominion, were practically its equivalent, and received from the courts a similar protection. These real rights might fall short of quiritary dominion in three respects: (1) Either in respect of the persons in whom 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 called "bonitarian," t. e., "the property of a Roman citizen, in a subject capable of quiritary property, acquired by a title not known to the civil law, but introduced by the praetor and protected by his imperium or supreme executive power;" e. g., where res manctpi had been transferred by mere tradition. Poste's Gaius' Inst 186.
Quisquis erit qui vnlt juris-consultus haberi continuet studinm, velit a quo-cunque doceri. Jenk. Cent. Whoever wishes to be a juris-consult let him continually study, and desire to be taught by every one.
Qnisquis prsesumitur bonns; et semper in dubiis pro reo respondendum. Every one is presumed good; and in doubtful cases the resolution should be ever for the accused.
QUIT, v. To leave; remove from; surrender possession of; as when a tenant "quits" the premises or receives a "notice to quit."
—Notice to quit. A written notice given by a landlord to his tenant, stating that the former desires to repossess himself of the demised premises, and that the latter is required to quit and remove from the same at a time designated, either at the expiration of the term, if the tenant is in under a lease, or immediately, if the tenancy is at will or by sufferance.
983 QUOD ^JDIFIOATUR IN AREA
QUIT, adj. Clear; discharged; free; also spoken of persons absolved or acquitted of a charge.
QUITCLAIM, v. In conveyancing. To release or relinquish a claim; to execute a deed of quitclaim. See Quitclaim, ».
QUITCLAIM, n. A release or acquittance given to one man by another, in respect of any action that he has or might have against him. Also acquitting or giving up one's claim or title. Termes de la Ley; Cow-ell.
—Quitclaim, deed. A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants for title. See Hoyt v. Ketcham, 54 Conn. 60, 5 Atl. 606; Chew v. Kellar, 171 Mo. 215, 71 S. W. 172; Ely v. Stan-nard, 44 Conn. 528; Martin v. Morris, 62 Wis. 418, 22 N. W. 525; Utley v. Fee, 33 Kan. 683, 7 Pac. 555.
QUTTRENT. Certain established rents of the freeholders and ancient copyholders of manors are denominated "quitrents," because thereby the tenant goes quit and free of all other services. 3 Cruise, Dig. 314.
QUITTANCE. An abbreviation of "acquittance;" a release, (q. v.)
QUO ANIMO. Lat. With what intention or motive. Used sometimes as a substantive, in lieu of the single word "animus," design or motive. "The quo animo is the real subject of inquiry." 1 Kent, Comm. 77.
QUO JURE. Lat. In old English practice. A writ which lay for one that had land in which another claimed common, to compel the latter to show by what title he claimed it Cowell; Fitzh. Nat. Brev. 128, F.
Quo ligatnr, eo dissolvitur. 2 Rolle, 21. By the same mode by which a thing is bound, by that is it released.
QUO MINUS. Lat A writ upon which all proceedings in the court of exchequer were formerly grounded. In it the plaintiff suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficiens existit, by which he is less able to pay the king's debt This was originally requisite in order to give jurisdiction to the court of exchequer; but now this suggestion is a mere form. 3 Bl. Comm. 46.
Also, a writ which lay for him who had a grant of house-bote and hay-bote in another's woods, against the grantor making such waste as that the grantee could not enjoy his grant. Old Nat Brev. 148.
Quo modo quid constitnitur eodem modo dissolvitur. Jenk. Cent 74. In the same manner by which anything is constituted 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 any office, franchise, or liberty, to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it, or having forfeited it by neglect or abuse. 3 Bl. Comm. 262.
In England, and quite generally throughout the United States, this writ has given place to an "information in the nature of a quo warranto" which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a corporate or other franchise, or to a public or corporate office. See Ames v. Kansas, 111 U. S. 449, 4 Sup. Ct. 437, 28 L. Ed. 482; People v. Londoner, 13 Colo. 303, 22 Pac. 764, 6 L. R. A. 444; State v. Owens, 63 Tex. 270; State v. Gleason, 12 Fla. 190; State v. Kearn, 17 R. I. 391, 22 Atl. 1018.
QUOAD HOC. Lat As to this; with respect to this; so 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 matters the party was prohibited from prosecuting his suit in the ecclesiastical court Brown.
QUOAD SACRA. Lat As to sacred things; for religious purposes.
Qnocnmque modo velit; qnocnmqne modo possit. In any way he wishes; in any way he can. Clason v. Bailey, 14 Johns. (N. Y.) 484, 492.
Quod a qnoque poense nomine exactnm est id eidem restituexe nemo cogitnr. That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46.
Quod ab initio non valet in tractn temporis non convalescet. That which is bad in its commencement improves not by lapse of time. Broom, Max. 178; 4 Coke, 2.
Quod ad jus naturale attinet ontnes homines sequales sunt. All men are equal as far as the natural law is concerned. Dig. 50, 17, 32.
Quod sediflcatur in area legata cedit legato. Whatever is built on ground given by will goes to the legatee, Broom, Max. 424.
QUOD ALIAS BONUM 984 QUOD FUIT CONCESSUM
Quod alias bonum et jus turn, est, si per vim vel fraudem petatur, malnm et in-justum efficitur. 3 Coke, 78. What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust
Quod alias non fuit licitum, necessi-tas licitum f acit. What otherwise was not lawful, necessity makes lawful. Fleta, lib. 5, c 23, § 14.
Quod approbo non reprobo. What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it. Broom, Max. 712.
Quod attinet ad jus civile, servi pro nullis babentur, non tamen et jure natural!, quia, quod ad jus naturale attinet, omnes bomines oequali sunt. So far
as the civil law is concerned, slaves are not reckoned as persons, but not so by natural law, for, so far as regards natural law, all men are equal. Dig. 50, 17, 32.
QUOD BELLA CASSETUR. That the bill be quashed. The common-law form of a judgment sustaining a plea in abatement, where the proceeding is by bill, *. e., by a capias instead of by original writ
QUOD CLERICI BENEFICIATI DE CANCEIXARIA. A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parliament, etc Reg. Orig. 261.
QUOD CLERICI NON ELIGANTUR IN OFFICIO B AIXIVI, etc. A writ which lay for a clerk, who, by reason of some land he had, was made, or was about to be made, bailiff, beadle, reeve, or some such officer, to obtain exemption from serving the office. Reg. Orig. 187.
QUOD COMPUTET. That he account Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of creditors' bills against an executor or administrator,) directing that accounts be taken before a master or auditor.
Quod constat clare non debet verifi-cari. What is clearly apparent need not be proved. 10 Mod. 150.
Quod constat curiae opere testiunt non indiget. That which appears to the court needs not the aid of witnesses. 2 Inst 662.
Quod contra legem fit pro infecto habe-tur. That which is done against law is regarded as not done at all. 4 Coke, 31a.
Quod contra rationem juris receptum est, non est producendum ad consequen-
tias. That which has been received against the reason of the law is not to be drawn into a precedent Dig. 1, 3, 14.
QUOD CUM. In pleading. For that whereas. A form of introducing matter of inducement in certain actions, as assumpsit and case.
Quod datum est ecclesise, datum est Deo. 2 Inst 2. What is given to the church is given to God.
Quod demonstrandi causa additux rei satis, demonstrate, frustra fit. 10 Coke, 113. What is added to a thing sufficiently palpable, for 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 and danger. 1 Hale, P. C. 300.
QUOD EI DEFORCEAT. In English law. The name of a writ given by St Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee-tail, who were barred of the right of possession by a recovery had against them through their default or nonappearance in a possessory action, by which the right was restored to him who had been thus unwarily deforced by his own default 3 BL Comm. 193.
Quod est ex necessitate nunquam in-troducitur, 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 licitum.
What is necessary is lawful. Jenk. Cent p. 76, case 45.
Quod factum est, cum in obscuro sit, ex affectione cujusque capit interpreta-tionem. When there is doubt about an act it receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, 1.
Quod fieri debet facile prsesumitur.
Halk. 153. That which ought to be done is easily presumed.
Quod fieri non debet, factum valet.
That which ought not to be done, when done, is valid. Broom, Max. 182.
QUOD FUIT CONCESSUM. Which was granted. A phrase in the reports, signifying that an argument or point made wa» conceded or acquiesced in by the court
QUOD IN JURE SORIPTO 985 QUOD NULLUM EST
Quod in jure scripto "jus" appellator, id in lege Anglise "rectum" esse dicitur.
What in the civil law is called ";'«»," in the law of England is said to be "rectum," (right) Co. Litt 260; Fleta, 1. 6, c. 1, § L
Quod in minori valet valebit in major!; et quod in majori non valet neo valebit in minori. Co. Litt 260a. That which is valid in the less shall be valid In the greater; and that which is not valid in the 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 shall be effectual in the other. Co. Litt 191a.
Quod inoonsulto fecimus, consultius revoeemus. Jenk. Cent 116. What we have done without due consideration, upon better consideration we may revoke.
Quod initio vitiosum est non potest traetu temporis convaleseere. That which is void from the beginning cannot become valid by lapse of time. Dig. 50, 17, 29.
Quod ipsis 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 given to one who had contracted with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement Halli-fax, Civil Law, b. 3, c. 2, no. 3; Inst 4, 7, L
Quod jussu altering solvitur pro eo est quasi ipsi solutum esset. That which is paid by the order of another is the same as though it were paid to himself. Dig. §0, 17, 180.
Quod meum est sine facto meo vel de-fectu meo amitti vel in alium transferri non potest. That which is mine cannot be lost or transferred to another without my alienation or forfeiture. Broom, Max. 465.
Quod meum est sine me auferri non potest. That which is mine cannot be taken away without me, [without my assent] Jenk. Cent p. 251, case 41.
Quod minus est in obligationem vide-tur deductum. That which is the less is held to be imported into the contract; (e. g„ A offers to hire B.'s house at six hundred dollars, at the same time B. offers to let it for five hundred dollars; the contract is for five hundred dollars.) 1 Story, Cont 481.
Quod naturalis ratio inter omnes homines constituit, vocatur jus gentium.
That which natural reason has established
among all men is called the "law of nations." 1 Bl. Comm. 43; Dig. 1, 1, 9; Inst 1, 2, 1.
Quod necessarie intelligitur non deest.
1 Bulst 71. That which is necessarily un
derstood is not wanting.
Quod necessitas cogit, defendit. Hale, P. C 54. That which necessity compels, it justifies.
Quod non apparet non est; et non ap-paret judicialiter ante judicium. 2 Inst 479. That which appears not is not; and nothing appears judicially before judgment
Quod non capit Christus, capit nscus.
What Christ [the church] does not take the treasury takes. Goods of a felo de se go to the king. A maxim in old English law. Yearb. P. 19 Hen. VI. 1.
QUOD NON FUIT NEGATUM. Which was not denied. A phrase found in the old reports, signifying that an argument or proposition was not denied or controverted by the court Latch, 213.
Quod non habet principium non babet finem. Wing. Max. 79; Co. Litt 345a. That which has not beginning has not end.
Quod non legitur, non creditor. What is not read is not believed. 4 Coke, 304.
Quod non valet in principal!, in ac-cessorio sen consequent! non valebit; et quod non valet in magis propinquo non valebit in magis remote 8 Coke, 78. That which is not good against the principal will not be good as to accessories or 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 it
QUOD NOTA. Which note; which mark. A reporter's note in the old books, directing attention to a point or rule. Dyer, 23.
Quod nullius esse potest id ut alicu-jus fieret nulla obligatio valet efficere.
No agreement can avail to make that the property of any one which cannot be acquired as property. Dig. 50, 17, 182.
Quod nullius est, est domini regis.
That which is the property of nobody belongs to our lord the king. Fleta, lib. 1, c 3; Broom, Max. 354.
Quod nullius est, id ratione natural! occupant! conceditur. That which is the property of no one is, by natural reason, given to the [first] occupant Dig. 41, 1, 3; Inst 2, 1, 12. Adopted in the common law.
2 BL Comm. 258.
Quod nullum est, nullum producit effectual. That which is null produces no effect Tray. Leg. Max. 519.
QUOD OMNES TANGIT 986 QUOD SUB CERTA FORMA
Quod omnei tangit ab omnibus debet supportari. That which touches or concerns all ought to be supported by all. 3 How. State Tr. 878, 1087.
QUOD PARTES REPLACITENT. That the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 579T
QUOD PARTITIO FIAT. That partition be made. The name of the judgment in a suit for partition, directing that a partition be effected.
Quod pendet non est pro eo quasi sit.
What is in suspense is considered as not existing during such suspensa Dig. 50, 17, 169, 1.
Quod per me non possum, nee per alium. What I cannot do by myself, I cannot by another. 4 Coke, 24by 11 Coke, 87a.
Quod per recordum probatnm, non debet esse negatum. What is proved by record ought not to be denied.
QUOD PERMITTAT. That he permit. In old English law. A writ which lay for the heir of him that was disseised of his common of pasture, against the heir of the disseisor. Cowell.
QUOD PERMITTAT PROSTERNERE.
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. Comm. 221. And see Conhocton Stone Road v. Buffalo, etc., R- Co., 51 N. Y. 579,' 10 Am. Rep. 646; Powell v. Furniture Co., 34 W. Va. 804, 12 S. E. 1085, 12 L. R. A. 53; Miller v. True-hart, 4 Leigh (Va.) 577.
QUOD PERSONA NEC PREBEN-DARII, etc. A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat. Brev. 175. Obsolete.
Qnod popnlns postremnm jnssit, id jus , ratum esto. What the people have last enacted, let that be the established law. A law of the Twelve Tables, the principle of which is still recognized. 1 Bl. Comm. 89.
Qnod primnm est intentione nltimnm est in operatione. That which is first in intention is last in operation. Bac. Max.
Qnod principi placnit legis habet vigo-rem. That which has pleased the prince has the force of law. The emperor's pleasure has the force of law. Dig. 1, 4, 1; Inst. 1, 2, 6. A celebrated maxim of imperial law.
Quod prius est verius est; et quod prius est tempore potius est jure. Co.
Litt. 347. What is first is true; and what is first in time is better in law.
'Quod pro minore licitum est et pro majore licitum est. 8 Coke, 43. That which is lawful as to the minor is lawful an to the major.
QUOD PROSTRAVIT. That he do abate. The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.
Quod pure debetur prsesenti die debe-tur. That which is due unconditionally is due now. Tray. Leg. Max. 519.
Quod quis ex culpa sua damnum sen-tit non intelligitur damnum sentire.
The damage which one experiences from his own fault is not considered as his damage. Dig. 50, 17, 203.
Quod quis sciens indebitum debit bac mente, ut postea repeteret, repetere non potest. That which one has given, knowing it not to be due, with the intention of re-demanding it, he cannot recover back. Dig. 12', 6, 50.
Quod quisquis norit in boo se ezerceat.
Let every one employ himself in what he knows. 11 Coke, 10.
QUOD RECUPERET. That he recover. The ordinary form of judgments for the plaintiff in actions at law. 1 Archb. Pr. K. B. 225; 1 Burrill, Pr. 246.
Quod remedio destituitur ipsa re valet si eulpa absit. That which is without remedy avails of itself, if there be no fault in the party seeking to enforce it. Broom, Max. 212.
Quod semel aut bis ezistit prseterunt legislatores. Legislators pass over what happens [only] once or twice. Dig. 1, 3, 6; Broom, Max. 46.
Quod semel meum est amplius meum esse non potest. Co. Litt. 49b. What is once mine cannot be more fully mine.
Quod semel placuit in electione, amplius displioere non potest. Co. Litt. 146. What a party has once determined, in a case where he has an election, cannot afterwards be disavowed.
QUOD SI CONTINGAT. That if It happen. Words by which a condition might formerly be created in a deed. Litt. § 330.
Quod sub certa forma concessum vel reservatum est non trabitur ad valorem vel compensationem. That which is granted or reserved under a certain form is not [permitted to be] drawn into valuation or compensation. Bac. Max. 26, reg. 4. That which is granted or reserved in a certain specified form must be taken as it is grant-
QUOD SUBINTELLIGITUR 987 QUOTIES IN VERBIS
ed, and will not be permitted to be made the subject of any adjustment or compensation on the part of the grantee. Ex parte Miller, 2 Hill (N. Y.) 423.
Quod subintelligitur sos deest. What Is understood Is not wanting. 2 Ld. Raym. 832.
Quod taoite intelligitur deesse non vi-detnr. What is tacitly understood Is not considered to be wanting. 4 Coke, 22a.
Qiiod vanum et Inutile est, lex non re-quirit. 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.
Qnod volnit non dixit. What he intended he did not say, or express. An answer sometimes made in overruling an argument that the law-maker or testator meant so and so. 1 Kent, Comm. 468, note; Mann v. Mann's Ex'rs, 1 Johns. Ch. (N. Y.) 235.
Quodcnnqne aliqnis ob tntelam corporis sni fecerit, jure id fecisse videtur.
2 Inst 590. Whatever any one does in defense of his person, that he is considered to have done legally.
Quodque dissolvitur eodem modo quo ligatur. 2 Rolle, 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 the two first words of the volume. Jacob; Whishaw.
QUORUM. When a committee, board of directors, meeting of shareholders, legislative or other body of persons cannot act unless a certain number at least of them are present, that number is called a "quorum." Sweet. In the absence of any law or rule fixing the quorum, it consists of a majority of those entitled to act. See Ex parte Willcocks, 7 Cow. (N. Y.) 409, 17 Am. Dec. 525; State v. Wilkesville Tp., 20 Ohio St 293; Heiskell v. Baltimore, 65 Md. 125, 4 Atl. 116, 57 Am. Rep. 308; Snider v. Rine-hart, 18 Colo. 18, 31 Pac. 716.
—Justices of the quorum. In English law, those justices of the peace whose presence at a session is necessary to make a lawful bench. All the justices of the peace for a county are named and appointed in one commission, which authorizes them all, jointly and severally, to keep the peace, but provides that some particular named justices or one of them shall always be present when business is to be transacted, the ancient Latin phrase being "quorum umim A. B. esse volumus." These designated persons are the "justices of the quorum." But the dis-
tinction is long since obsolete. See 1 BI. Comm. 351; Snider v. Rinehart, 18 Colo. 18, 31 Pac. 716; Gilbert v. Sweetser, 4 Me. 484.
Quorum prsetextu neo auget nee mi-nuit sententiam, sed tantum conflrmat prsemissa. Plowd. 52. "Quorum prcetev-tu" neither increases nor diminishes a sentence, but only confirms that which went before.
QUOT. In old Scotch law. A twentieth part of the movable estate of a person dying, which was due to the bishop of the diocese within which the person resided. Bell.
QUOTA. A proportional part or share; the proportional part of a demand or liability, falling upon each of those who are col lectively responsible for the whole.
QUOTATION. 1. The production to a court or judge of the exact language of a statute, 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 the market price of one or more cbmmodities; or the price specified to a correspondent
QUOTIENT VERDICT. A money ver diet the amount of which is fixed by the following process: Each juror writes down the sum he wishes to award by the verdict; these amounts are all added together, and the total is divided by twelve, (the number of the jurors,) and the quotient stands as the verdict of the jury by their agreement. See Hamilton v. Owego Waterworks, 22 App Div. 573, 48 N. Y. Supp. 106; Moses v. Railroad Co., 3 Misc. Rep. 322, 23 N. Y. Supp. 23.
Quoties dubia interpretatio libertatis est, secundum libertatem respondendum erit. Whenever the interpretation of liberty Is doubtful, the answer should be op the side of liberty. Dig. 50, 17, 20.
Quoties idem sermo duas sententias exprimit, ea potissimum excipiatur, quae rei gerendae aptior est. Whenever the same language expresses two meanings, that should be adopted which is the better fitted for carrying out the subject-matter. Dig. 50, 17, 67.
Quoties in stipulationibus ambigna oratio est, contmodissimum est id accipi quo res de qua agitur in tuto sit. Whenever the language of stipulations is ambiguous, it is most fitting that that [sense] should be taken by which the subject-matter may be protected. Dig. 45, 1, 80.
Quoties in verbis nulla est ambigu-itas, ibi nulla expositio contra verba fienda est.. Co. Litt 147. When In the
988 QUUM QUOD AGO
words there is no ambiguity, then no exposition contrary to the words is to be made.
QUOTUPLEX. Of how many kinds; how many fold. A term of frequent occurrence in Sheppard's Touchstone.
QUOUSQUE. Lat. How long; how far; until. In old conveyances it is used as a word of limitation. 10 Coke, 41.
QUOVIS MODO. Lat In whatever manner.
Quum de lucro duorum quseratur, melior est causa possidentis. When the question is as to the gain of two persons, the title of the party in possession is the better one. Dig. 50, 17, 126, 2.
Qnum in testamento ambigue ant etiam perperam scriptnm est, benign* interpretari et secundum id quod credible et cogitatum, eredendnm est. When
in a will an ambiguous or even an erroneous expression occurs, it should be construed liberally and in accordance with what is thought the probable meaning of the testator. Dig. 34, 5, 24; Broom, Max. 437.
Qnnm principalis eansa non eonsistit ne ea quidem qnse sequuntnr locum habent. When the principal does not hold, the incidents thereof ought not to obtain. Broom, Max. 496.
Qnnm qnod ago non valet nt ago, valeat quantum valere potest. 1 Vent. 216. When what I do is of no force as to the purpose for which I do it, let it be of force to as great a degree as it can.