Black's Law Dictionary

6 Coke, 1. Services which are incapable of division are to be performed in whole by each individual.

6 Coke, 1. Transactions between strangers ought to hurt no man, but may benefit

jenk. Co.nt. 29. Those things which are derogatory to the common law are to be strictly interpreted.

3 Leon. 248. Every grant of our lord the king ought to be taken strictly aguinst our lord the king, when it can he understood in two ways.

Every grant is to be interpreted most strongly against the grantor. Co. Litt 183a.

3 Bulst. 14. Every pardon ought to be token according to the intention of the king, and not to the deception of the king.

Things which do not avail when separate, when joined avain 3 Bulat 132; Broom, Max. 588.

Things which are admitted on the ground of necessity ought not to be drawn into question. Dig. '50, 17, 162.

Things which are done contrary to the custom of our ancestors neither please nor appear right. 4 Coke, 78.

Inquire into doubtful points lf you wish to understand the law welL Litt § 443.

Inquire into doubtful points, because by reasoning we arrive at legal reason. Litt. § 377.

Litt. 443. To inquire into them, is the way to know what things are truly lawful.

Things which are forbidden by the nature of things are [cat be] confirmed by no law. Branch, PrimPositive laws are framed after the laws ol nature and rcason. Finch, Law, 74.

In Roman law, were commissions (or courts) of inquisition into crimes alleged to have been committed. They were called "perpetuœ," to distinguish them from occasional inquisitions,

[Offenses] which are of a lower grade of guilt are of a higher degree of infamy. Co. Litt. 6b.

This, in England, is the statutory, as well as the popular, name of a member of a religious society, by themselves denominated "Friends."

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 b

The possession by an individual of the qualities, properties, or circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an

Adapted; fitted; entitled; as an elector to vote. Applied to one who has token the steps to prepare himself for an appointment or office, as by taking oath, giving bond, etc. Pub.

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 W

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. Defined under Qualified in Black

See Fee.

See Indorsement.

See Oath.

In the law of libel and slander, the same as conditiqual privilege. See Privilege.

Property in chattels which is not in its nature permanent, but may at some times subsist and not at other times; such for example, as the property a man may bave in wild animals wh

A person qualified to vote generally. In re House Bill No. 166, 9 Co.lo. 629, 21 Pac. 473. A person qualified and actually voting. Carroll County v. Smith, 111 U. S. 565, 4 Sup. Ct

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, givi

A quality which ought to form a part is easily presumed.

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 charac

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 th

Lat As long as; so long as. A word of limitation in old conveyances. Co. Litt. 235a.

As long as he shall behave himself well; during good behavior; a clause frequent in letters patent or grants of cortain offices, in secure them so long as the persons to whom they

Co. Litt. 56. How long reasonable time ought to be, is not defined by law, but depends upon the discretion of the judges.

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.

Although a thing may not be bad in,itself, yet, lf it is of bad example, it is not to be done. 2 Inst. 564.

Although a law speaks generally, yet it is to be restrained, so that when its reason ceases, it should cease also. 4 Inst 330.

When the provision of the party is wanting, the provision of the law is at hand. 6 Vim Abr. 49; 13 C. B. 960.

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 bene

5 Coke, 116. When anything la commanded, everything by which it can be accomplished is also commanded.

Co. Litt. 223. When anything is prohibited directly, it is prohibited also indirectly.

When anything ls prohibited, everything by which it is reached ls prohibited also. 2 Inst 48. That which cannot be done directly shall not be done indirectly. Broom,' Max. 489.

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 grante

When a deed contains a general clause, and afterwards descends to special words which are agreeable to the general clause, the deed ls to be Interpreted according to the speclal wo

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.

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 wuuld be preserved, then the relation is to be made to the

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

9 Coke, 129. When the right of king and of subject concur, the king's right shonid be preferred.

5 Coke, 47. When the law gives a man anything, it gives him that also without which the thing itself cannot exist.

2 Inst. 326. When the law gives anything to any one, all incidents are tacitly given.

When a law is special, but its reason [or object] general, the law is to be understood generally. 2 Inst 83.

Shep. Touch. 429. When the greater is allowed, the less ls to be understood as allowed also.

4 Coke, 118. When a noble woman marries a man not noble, she ceases to be noble, unless her nobility was barn with her.

When more ls done than ought to be done, that at lcast shall be considered as performed which should have been performed, [as, if a man, having a power to make a lease for ten year

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 B

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.

When the words and the mind agree, there is no plsce for interpretation.

When the words of a statute are speclal, but the reason or object of it general, the statute is to be construed generally. 10 Coke, 101b.

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

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.

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 t

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

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 def

A period of time (theoretically forty days) during which a vessel, coming from a place where a contagion or infectious disease is prevalent, is detained by authority in the harbor

Lat Wherefore; for what reason; on what account Used in the Latin form of several common-law writs.

Lat Wherefore he broke the close. Tbat 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 "tresp

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 ejecto

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 emph

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 th

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 be

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

An ancient writ, which lay for one who had a right to present to a church for a turn against the proprietary. Fleta, L5,cft

A furlong. Ch Litt 5b.

Wherefore he obstructed. In old English practice. A writ which lay for one who, having a llberty to pass through his neighbor's ground, could not enjoy his right because the owner

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,

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. M

A liquid measure, containing one-fourth part of a gallon.

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 on

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.

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 variati

The four days in the year upon which, by law or custom, moneys payable in quarter-yearly installments are collectible, are calied "quarter-days."

A silver coin of the United States, of the value of twenty-five cents.

A gold coin of the United Slates, of the value of two and a half dollars.

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

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

Quartering of criminals.

A system of courts in Kentucky possessing a limited original jurisdiction in civil cases and appellate Jurisdiction from justices of the peace.

Ninety-one days. Co. Litt. 135b.

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.

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 express

See Seal.

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 sout

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. 27

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.

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.

Lat As if; as it were; analogous to. This term is used in legal phraseology to indicate that one subject resembles another, with which it is compared, in certain characteristics, b

In the civil law. The affinity which exists between two persons, one of whom has been betrothed to a kinsman of the other, but who have never been married;

In the civil law. A contractual relation arising out of transactions between the parties which give them mutual rights and obligations, but do not involve a specific and express co

This term embraces ali offenses not crimes or misdemeanors, but that are in the nature of crimes, —a class of offenses against the public which have not been declared crimes, but w

When a vessel, without being abandoned, is no longer under the control or direction of those on board, (as where part of the crew are dead, and the remainder are physically and men