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Quotus

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

How many; what number; what part; what proportion. The feminine form of this Latin interrogative, quota, is used as a substantive in English. And the adverb derived from it, quoties, introduces the maxim explained below. Quota. The proportion of a total amount which is to be borne by one of several upon whom a charge falls or is imposed; as where a certain sum is assessed upon a number of individuals, or a conscription for military service is levied upon several communities, the number of men to be iurnished by any particular community, is the quota of that person, or of such community. Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est. So long as there is no ambiguity in the language of an instrument, no interpretation contrary to the language is allowed. Where the words of any written instrument are free from ambiguity in themselves, and no external circumstances create any doubt or difficulty as to the proper application of those words to claimants under the instrument, or the subject-matter to which it relates, such instrument will always be construed by the courts according to the strict, plain, common meaning of the words themselves; and in such a case, evidence dehors the instrument, for the purpose of explaining it according to the surmised or alleged intention of the parties thereto, is utterly inadmissible. But where there is doubt or difficulty as to the true sense and meaning of the words themselves, or their application under the surrounding circumstances, extrinsic evidence may be resorted to for the purpose of ascertaining the intention of the parties to the instrument; for by no other means can that intention be ascertained. Thus, an instrument being written in a foreign language, persons skilled in that language may be examined as to the meaning of the words; or if the instrument is a mercantile contract, or if it contains technical terms of art, the acceptation of the terms, among merchants, in the one case, and, in the other, among persons skilled in the particular ai't, may be considered. This rule of construction applies to all written instruments, including statutes, treaties, wills, &c. But it is never allowed to prevail so as to defeat the manifest intent and object of the parties to an instrument, where it is clearly discernible on the face of the instrument, and the ignorance or mistake of the parties has prevented them from expressing it in the appropriate language. Compare the maxim, ambiguitas verborum latens verificatione suppletur. is used as a word of limitation in old conveyances. Quousque is a word implying a temporary state of things. Thus the lord of a manor, after making due proclamation at three consecutive courts of the manor for a person to come in as heir or devisee of a deceased tenant, is entitled to seize the lands quousque, that is, until some person claims admittance. So a prohibition quousque is a prohibition which is to take effect until some act be performed, or event happen, or time be elapsed, according as is specified in the prohibition.

See 1 Steph. Com. 637; Wmx. R. P. Pt. in. ch. 2.