Cellar I A

A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parliament, etc. Reg. Orig. 2G1. QUOD COMPUTET (Lat. that he account). The name of an interlocutory judgment in an action of account-render; also the name of a decree in the case of creditors’ bills against executors or administrators. Such a decree directs the master to take the accounts between the deceased and all his creditors, to cause the creditors, upon due and public notice, to come before him to prove their debts, at a certain place and within a limited period, and also directs the master to take an account of all personal estate of the deceased in the hands of the executor or administrator; Story, Eq. Jur. § 548. See Judgment; Account; Capias ad Computandum. QUOD CUM (Lat.). In Pleading. For that whereas. A form of introducing matter of inducement in those actions in which introductory matter is allowed to explain the nature of the claim; as, assumpsit and case. Hardr. 1; 2 Show. ISO. This form is not allowable to introduce the matter which constitutes the gravamen of the charge, as such matter must be stated by positive averment, while quod cum introduces the matter which depends upon it by way of recital merely. Hence in those actions, as trespass vi et armis, in which the complaint is stated without matter of induceverdict; Horton v. Monk, 1 P. A. Browne (Pa.) 68; Comyns, Dig. Pleader (C 86). QUOD El DEF0RCEAT (Lat.). The name of a writ given by stat. Westiu. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy, or in feetail, who are barred of the right of possession by a recovery had against them through their default or non-appearance in a possessory action; by which the right was restored to him who had been thus unwarily deforced by his own default. 3 Bla. Com. 193. QUOD PERMITTAT (Lat.). In English Law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture against the heir of the disseisor, he being dead. Termes de la Ley. QUOD PERMITTAT PR0STERNERE (Lat. that he give leave to demolish). In English Law. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not On proof of the facts, the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case. QUOD PERSONA NEC PR EBEN 0 ARI US. A writ which lay for spiritual persons, distrained in their spiritual possessions for payment of a fifteenth with the rest of the parish. Fitz. Nat. Brev. 391. QUOD PR0STRAVIT (Lat.). The name of a judgment upon an indictment for a nuisance, that the defendant do abate such nuisance.