The Cyclopedic Law Dictionary

93; 49 J. P. 246. He must in fact be seen hanging about the street. 1 Times Rep. 109. FREQUENTIA ACTUS MULTUM OPEratur. The frequency of an act effects much. 4 Coke, 78; Wingate, M

An abbreviation of qtiare clausum fregit. See "Trespass." Q. V. Quod vide, which see. Used after the mention of a title, chapter, etc., to refer the reader thereto. QAR (Law Ft.) F

As; in the character or capacity of. "The judge qua judge cannot know." Vaughan, 147.

One who, without sufficient knowledge, study, or previous preparation, undertakes to practice medicine or surgery, under the pretense that he possesses secrets in those arts. • The

The third volume of the Year Books of the reign of Edward IIL So called, because beginning with the fortieth year of the reign. Crabb, Hist. Eng. Law, 327; Hale, Hist. Com. Law, c.

In angular measures, a quadrant is equal to ninety degrees. See "Measure." QUADRANTALIS (Law Lat.; from quadrans, q. v.) In old English law. Of the value or price of a quarter or f

A person who is descended from a white person and another person who has an equal mixture of the European and African blood. 2 Bailey (S. C.) 558. See "Mulatto."

In pleading. For-

STAtim capientium fiunt. Things taken from public enemies immediately become the property of the captors. Inst. 2. 1. 17; Grotius de Jure Belli, lib. 3, c. 6, § 12. QUAE AB INITIO

EX post facto convalescere non possunt. Things invalid from the beginning cannot be made valid by subsequent act. Tray. Lat. Max. 482. QUAE ACCESSIORIUM LOCUM OBTInent, extinguuntu

quamvis minima, major est qualibet poena pecuniarla. Every corporal punishment, although the very least, is greater than any pecuniary punishment. 3 Inst. 220.

(Law Lat.) Which (does or requires) nothing in vain; which requires nothing to be done, that is to no purpose. 2 Kent, Comm. 53.

FACTA VAlent. Things which ought not to be done are held valid when they have been done. Tray. Lat. Max. 484.

JUNEta juvant. Things which may not avail singly, when united have an effect. 3 Bulst. 132. QUAE PLURA (Law Lat. what more). In old English practice. A writ which lay where an inqu

LEGEM BENE discere si vis. Inquire into doubtful points if you wish to understand the law well. Litt. § 443. QUAERE (Lat.) In practice. A word frequently used to denote that an inq

QUIA PER RATIOnes pervenltur ad legltlmam rationem. Inquire into doubtful points, beicause by reasoning we arrive at legal reason, Litt. § 377.

In old practice. A plaintiff; the plaintiff. QUAERENS NON INVENIT PLEGIUM (Lat.) In practice. The plaintiff has not found pledge. The return made by the sheriff to a writ directed

JUNCta Juvant. Things which, taken singly, are of no avail, afford help when taken together. Tray. Lat. Max. 486, QUAE SUNT MINORIS CULPAE SUNT majoris Infamlae. Things which are o

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

That estate which a man has by acquisition or purchase, in contradistinction to "haereditas," which is what he has by descent. Glanv. 1, 7, c. 1. QUALE JUS (Lat.) In old English la

Having the requisite qualities for a thing; as, to be president of the United States, the candidate must possess certain qualifications. The natural endowment or acquirement which

One entitled to vote.

One which has a qualification subjoined to it, and which must be determined whenever the qualification annexed to it is at an end. A limitation to a man and "his heirs on the part

A transfer of a bill of exchange or promissory note to an indorsee, without any liability to the indorser. The words usually employed for this purpose are sans recours, without rec

Property not In its nature permanent, but which may sometimes subsist and at other times not subsist. A defeasible and precarious ownership, which lasts as long as the thing is in

FAclle praesumftur. A quality which ought to form a part is easily presumed. QUALITER (Lat.) In what manner. A

Of Persons. The state or condition of a person. Two contrary qualities cannot be in the same person at the same time. Dig. 41, 10. 4. Every one is presumed to know the quality of t

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

adest provisio legis. When a provision of the party is lacking, the provision of the law is at hand. 13 C. B. 960. QUANDO ACCIDERINT (Lat. when they fall in). In practice. When a d

CONceditur id sine quo illud fieri non possit. When anything is granted, that also is granted without which it cannot be of effect. 9 Barb. (N. Y.) 516, 518; 10 Barb. (N. Y.) 354,

MANdatur et omne per quod pervenltur ad illud. When anything is commanded, everything by which it can be accomplished is also commanded. 5 Coke, 116. See 7 C. B. 886;

PROhibetur omne per quod devenltur ad illud. When anything is prohibited, everything by which it is readied is prohibited. 2 Inst. 48; Broom, Leg. Max. (3d London Ed.) 432; Wingate

DUO onerabiles existunt, unus, pro insufflcientia alterlus, de Integro, onerabitur. When two persons are liable concerning one and the same thing, if one makes default, the other m

RATIO autem generalis, generallter lex est intelligenda. When the law. Is special, but its reason is general, the law is to be understood generally. 2 Inst. 83; 10 Coke, 101.

VIDEtur licere id quod minus. When the greater is allowed, the less seems to be allowed also. Shep. Touch. 429. QUANDO MULIER NOBILIS NUPSERIT ignobili, desinit esse nobilis nisi n

valeat quantum valere potest. When a thing is of no force as I do it, it shall have as. much as it can have. Cowp. 600; Broom, Leg. Max. (3d London Ed.) 483; 2 Smith, Lead. Cas. 29

In pleading. That which Is susceptible of measure. It is a general rule that, when the declaration alleges an injury to goods and chattels, or any contract relating to them, their

See "Ejectment." QUARE IMPEDIT (Lat. why he hinders). In English law. A real possessory action which can be brought only in the court of common pleas, and lies to recover a present

An ancient writ, which lay for one who had a right to present to a church for a turn against the proprietary. Fleta, lib. 5, c. 6.

(Lat. why he obstructs.) The name of a writ formerly used in favor of one who, having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the

A place whence stooes are dug for the purpose of being employed in building, making roads, and the like. When a farm is let with an open quarry, the tenant may, when not restrained

The four days of the year on which rent payable quarterly becomes due.

A barbarous punishment formerly inflicted on criminals by tearing them to pieces by means of four horses, one attached to each limb.

Furnishing soldiers with board or lodging or both. Const. U. S. Amend, art. 3, provides that "no soldier shall, in time of peace, be quartered in any house without the consent of t

One who has had one of his grandparents of the black or African race. QUARTO DIE POST (Lat. fourth day after). Appearance day, which is the fourth day inclusive from the return of

In New York a certain fraction of the purchase money is often expressed as a "tenth sales," a "quarter sales," etc. 7 Cow. (N. Y.) 285; 7 Hill (N. Y.) 253; 7 N. Y. 490.

In Scotch law. The seal kept by the director of the chancery in Scotland is so called. It is in the shape and impression of the fourth part of the great seal. Bell, Diet.

A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly, or once in three months. The English courts of quarter sessions we

In the computation of time, a quarter year consists of ninety-one days. Co. Litt. 135b; 2 Ro Ue, Abr. 521, lib. 40; Rev. St. N. Y. pt. 1, c. 19, tit. 1, § 3.

In practice. To overthrow or annul. Distinguished from "dismiss." The term "quash," as applied to writs, is predicated of some defect in the writ itself, or in the form of the writ

The act of quashing. QUASI (Lat. as if; almost). A term used to mark a resemblance, and which supposes a little difference between two objects. Dig. 11. 7. 1. 8. 1; 60 111. 402. Ci

In civil law. The affinity which exists between two persons, one of whom has been betrothed to the kindred of the other, but who have never been married. For example, my brother is

A liability similar to that created by contract, but not really arising by the consent of the parties. Qu Msi contracts are said to be founded in general. (1) On a record, as the l

A term applied to those bodies which, though not vested with the general powers of corporations, are yet recognized by statutes or immemorial usage as persons or corporations aggre

In Civil law. An act whereby a person, without malice, but by fault, negligence, or imprudence not legally excusable, causes injury to another. A qu Msi delict may be public or pri

A kind of involuntarybailment, which takes place where a person acquires possession of property lawfully, by finding. Story, Bailm. § 85.

An "easement," in the proper sense of the word, can only exist in respect of two adjoining pieces of land occupied by different persons, and can only impose a negative duty on the

A quasi entail exists when an estate pur autre vie is limited to a person and the heirs of his body.

An estate gained by wrong; for wrong is unlimited and uncontained within rules. Wharton.

or QUASI CRIMES. Wrongs against the general or local public which have not been declared crimes (68 111. 375); e. g., bastardy proceedings, which are commonly said to be quasi crim

Partners of lands, goods, or chattels, who are not actual partners, are sometimes so called. Poth. de Societe, Append, note 184. See "Part Owners."

Things which are movable in point of law, though fixed to things real, either actually, as emblements (fructu^ industriales), fixtures, etc., or fictitiously, as chattels real, lea

Such use as is to a right what possession is to a thing. When the enjoyment is exercised by means _ of possession of the thing, which is the subject of the right, the idea of qvmi

In civil law. One who, born during the life of his grandfather or other male ascendant, was not his heir at the time he made his testament, but who, by the death of his father, bec

This term is used in the civil law to denote that a thing is to be considered as purchased from the presumed consent of the owner of a thing; as, if a man should consume a cheese,

Things which are fixed in contemplation of law to realty, but movable in themselves, as heirlooms (or limbs of the inheritance), title deeds, court rolls, etc. Wharton.

An under tenant, who is in possession at the determination of an original lease, and is permitted by the reversioner to. hold over.

Though not a recognized term of English law, it may be conveniently used in those cases where a man who has not committed a tort is liable as if he had. Thus, a master is liable fo

A person who reaps a a benefit from a breach of trust, and so becomes answerable as a trustee. Lewin, Trusts (4th Ed.) 592, 638.

In the civU law. A name given to a usufructuary interest in consumable things. See "Usufruct."

"The very name of express, by way of irony, the last and most trivial degree of intimacy and regard." Bl. Law Tr. 6. QUATUOR PED1BUS CURRIT (Law Lat.) Runs upon four feet; runs upo

A wharf at which to load or land goods. Sometimes spelled "key." In its enlarged sense, the word "quay" means the whole space between the first row of houses of a city and the sea

A worthless woman; a strumpet. The meaning of this word, which is now seldom used, is said not to be well ascertained. 2 Rolle, Abr. 296; Bac. Abr. "Slander" (U 3).

A female sovereign.

By St. 2 Anne, c. 11, all the revenue of first fruit and tenths was vested in trustees forever, to form a perpetual fund for the augmentation of poor livings. 1 Bl. Comm. 286; 2 Bu

The wife of a reigning king. 1 Bl. Comm. 218. She is looked upon by the law as a feme sole, as to her power of contracting, suing, etc. Id.

The widow of the king. She has niost of the privileges belonging to a queen consort. 1 Bl. Comm. 229.

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 offer to_ the king of ten marks or up

She who holds the crown in her own right. She has the same duties and prerogatives, etc., as a king. St. 1 Mar. I. St. 3, c. 1; 1 Bl, Comm. 218; 1 Wooddeson, Lect. 94. QUEEN'S (or

The English court of king's bench is so called during the reign of a queen. 3 Steph. Comm. 403. QUEEN'S (or KING'S) COUNSEL. In English law. Barristers called within the bar, and s

In English law. A prison appropriated to the debtors and criminals confined under process, or by authority of the superior courts at Westminster, the Marshalsea court and Palace co

A real action, by which the grantee of a rent could compel the tenants to attorn to him. QUEMADMODUM AD QUAESTIONEM fact! non respondent judices, i'ta ad quaestionem juris non resp

In Old Criminal Law. A means sometimes employed in some countries, by torture, to compel supposed great criminals to disclose their accomplices or to acknowledge their crimes. This

A writ of nuisance which lay against one who acquired, by descent or alienation, the thing which caused the nuisance. It was given by 15 Edw. I. Formerly only the person causing it

Because it is given to. us to understand. Formal words in old writs. Rat. Pari. 4 Hen. IV. QUIA DOMINUS REMISIT CURIAM (Law Lat.) In old practice. Because the lord hath remised or

He who takes away the means destroys the end. Co. Litt. 161. QUI ALIQUID STATUERIT PARTE INaudlta altera, aequum llce't dixerit, haud aequum facerit. He who decides anything, a par

Because it issued erroneously, or through mistake. A term in old English practice. Yelv. 83 QUIA TIMET (Lat. because he fears). A term applied to preventive or anticipatory remedie

EODEM jure uti debet. He who uses the right of another ought to use the same right, Poth. Tr. de Change, pt. 1, c. 4, § 114; Broom, Leg. Max. (3d London Ed.) 421.

He who approbates does not reprobate, i. e., he cannot both accept and reject the same thing.

He who distinguishes well, learns well. 2 Inst. 470. QUI BENE 1NTERR0GAT BENE DOCET. He who questions well, learns well. 3 Bulst. 227. QUI CADIT A SYLLABA CADIT A TOTA causa. He wh

A term used In charter parties to express the promptness with which the cargo will be delivered to the vessel for loading. It signifies delivery as rapidly as the vessel can receiv

The state of a woman pregnant with a quick child, i. e., a foetus which has quickened. 9 Mete. (Mass.) 263. A woman's condition from the time of conception and the commencement of

CONCEDERE videtur et Id sine quo concessio est irrita, sine quo res ipsa esse non potult. He who grants anything is considered as granting that without which his grant would be idl

He who confirms does not give. 2 Bouv. Inst, note 2069. precept contemns the party giving it. 12 Coke, 96.

ACquirltur domino. Whatever,1s acquired by the servant is acquired for the master. 15 Viner, Abr. 327. QUICQUID DEMONSTRATAE REI ADDItur satis demonstratae frustra est. Whatever is

lege prohibitur. Whatever is done in excess is prohibited by law. 2 Inst. 107. QUICQUID JUDICIS AUCTORITATI SUB- Jicitur novitati non subjicitur. Whatever is subject to the authori

SOLO cedit. Whatever is affixed to the soil belongs to it. Wentw. Off. Ex'r, 145; Ambl. 113; 3 East, 51. See "Fixtures,"

SOLVITUR SEcundum modum solventis. Whatever is paid is to be applied according to the intention of the payor. 2 Vern. 606. See "Appropriation."

SOLVITUR SEcundum modum solventis; quicquld recipitur, reclpitur secundum modum recipientis. Whatever money is paid is paid according that of the recipient. 2 Vern. 606; Broom, Leg

VEL EST, vel debet esse non ignarus conditionis ejus. He who contracts knows, or ought to know, the quality of the person with whom he contracts, otherwise he is not excusable. Dig