Qualify
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
1.
To adapt; to make fit; to prepare. In a special sense of the word, it means to take the oath and give the bond required by law from an administrator, executor, public officer or the like, before he may enter on the discharge of his duties. One who takes these steps to parently, an elision of " to qualify himself."
2.
To limit; to modify; to restrict. Thus it is said that one section of a statute qualifies another. Qualified, adj.
1.
Adapted; entitled; fitted; prepared. Thus an elector is called qualified to vote. Also, limited; restricted; as a qualified fee. Qualification: a necessary element of fitness; something which one must possess before he can act in a particular capacity. Thus citizenship may be one of the qualifications of a jury; possession of a certain amount of property may be one of the qualifications of an elector. Also, the act or step of making oath or giving bond, when required as a condition of entering upon an office or trust. Also, a limitation or restriction; a modification of meaning; and, generally, one tending in abatement or diminution of what has been said.
2.
In old ecclesiastical law, qualified applied to a person enabled to hold two benefices. Jacob. 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. 358.
Qualified fee
A base fee; that is, one which has a qualification subjoined thereto, and which must terminate whenever the qualification annexed to it is at an end.
See 2 Bl. Com. 109; 1 Steph. Com. 239.
Qualified indorsement
An indorsement of a bill of exchange or promissory note is called qualified, which restrains, limits, or enlarges the liability of the indorser in a manner different from that which the law generally imports as his true liability, deducible from the nature of the instrument. A familiar example is that of an indorsement " without recourse." Qualified property. A limited right of ownership; a temporary or special interest in a thing, liable to be totally devested on the happening of some particular event. Instances are: such right as a man has in animals ferm naturm, which he has reclaimed; the right of a seised on execution.
See 2 Kent Com. 347; 2 Bl. Com. 391,452.
Qualification
Qualification for office is " endowment, or aceompliahraent that fits for an office; having the legal requisites, endowed with qualities suitable for the purpose."
State v. Seay, 64 Mo, 89.
Qualification, as used in act of congress of July 20, 1840, prescribing that jurors in federal courts shall have the like qualification, &c., as jurors in state courts, refers to general qualifications as to age, citizenship, &c., and not to personal objections which, at the instance of a party, may, at his election, amount to a disqualification to sit in the particular case, but do not exclude the juror from the panel. United States o.
Williams, 1 DM. 485.