The Cyclopedic Law Dictionary

He who pays tardily pays less than he ought. Jenk. Cent. Cas. 38.

In conveyancing. A form of deed of the nature of a release, containing words of grant as well as release. 2 Washb. Real Prop. 606. The term is in constant and general use in Americ

He who says all excepts nothing.

A rent paid by the tenant of the freehold, by which he goes quit and free, — ^that is, discharged from any other rent. 2 Bl. Comm. 42. In England, quit rents were rents reserved to

A discharge or release; abbreviated from "acquittance." QUO ANIMO (Lat. with what intention). The intent; the mind with which a thing has been done; 17 111. 501; as, the quo animo

DECIPIATUR. Let him who wishes to be deceived be deceived. De Gex, M. & G. 687, 710; Shep. Touch. 56. QUIA (Lat.) In pleading. Because. This word is considered a term of affirmatio

QUOCUM- QUOD A QUOQUE POENAE NOMINE exactum est id codem restltuere nemo cogitur. That which has been exacted as a penalty no one is obliged to restore. Dig. 50. 17. 46.

IN TRACtu temporis non convalescet, Wliat is not good in the beginning cannot be rendered good by time. Merlin, Report, verb. Regie de Droit. This, though true in general, is' not

omnes homines aequales sunt. All men are equal as far as the natural law is concerned. Dig. 50, 17. 32. QUOD AEDIFICATUR IN AREA LEGATA cedit legato. Whatever is built upon land gi

si per vim vel fraudem petatur, malum et injustum efficitur. What is otherwise good and just, if sought by force or fraud, becomes bad and unjust. 3 Coke, 78, QUOD ALIAS NON FUIT L

What I accept I do not reject. Broom, Leg. Max. (3d London Ed.) 636.

SERVI pro nuiiis habentur, non tamen et jure naturaii, quia, quod ad jus naturale attinet, omnes homines aequall sunt. So far as the civil law is concerned, slaves are not reckoned

That the bill be quashed. The common-law form of a judgment sustaining a plea in abatement, where the proceeding is by bill, i. e., by a capias instead of by original writ. QUOD CL

NON DEBET verificari. What is clearly apparent need not be proved. 10 Mod. 150. QUOD CONSTAT CURIAE OPERE TEStium non indiget. What appears to the court needs not the help of witne

PRO INfecto habetur. What is done contrary to the law is considered as not done. 4 Coke, 31. No one can derive any advantage from such an act. QUOD CUM (Lat.) In pleading. For that

Lat. Which the court granted. A phrase in the old reports. Yearb. M. 4 Hen. VI. 19. Id. M. 9 Hen. VI. 40. 6 Mod. 28.

DAtum est Deo. What Is given to the church is given to God. 2 Inst. 590. QUOD DEMONSTRANDI CAUSA ADDItur re! satis demonstratae, frustra fit. What is added to a thing sufficiently

NE FECERIS. When you doubt about a thing, do not do it. 1 Hale, P. C. 310. minster II. (13 Edw. I. c 4), to the owners of a particular estate, as for life, in dower, by the curtesy

AUT CONtra rationem non permissum est in lege. What is inconvenient or contrary to reason is not allowed in law. Co. Litt. 178. QUOD EST NECESSARIUM EST LICItum. What is necessary

CUM IN OBSCURO 81*1, ex affectione cujusque capit interpretationem. When there is doubt about an act or expression, it receives interpretation from the (known) feelings or affectio

Which was granted. QUOD IN JURE SCRIPTO "JUS" APPELlatur, id in lege Angiiae "rectum" esse dicitur. What in the civil law is called "jus," in the law of England is said to be "rect

CONsultius devocemus. What is done without consideration or reflection, upon better con-

NON Potest tractu temporls oonvalescere. Time cannot render valid an act void in its origin. Dig. 50. 17. 29.

VALEBIT IN major!; et quod In majori non valet, nee valebit in minori. What avails in the less will avail in the greater; and what will not avail in the greater will not avail in t

VAlebit in altera. What avails in one of two similar things will avail in the other. Co. Litt. 191.

QUI CONTRAXERUNT, OBstat; et successoribus eorum obstabit. That which bars those who have contracted will bar their successors also. Dig. 50. 17. 103. QUOD JUSSU (Lat.) In civil la

SINE FACTO SIVE defectu nostro, amitti seu In allum transferri non potest. That which is ours cannot be lost or transferred to another without our own act or default. 8 Coke, 92; B

ET non apparet judicialiter ante judicium. What appears not does not exist, and nothing appears judicially before judgment. 2 Inst. 479; Jenk. Cent. Cas. 207.

NON CREDITUR. What is not read is not believed. 4 Coke, 304.

CAPIT QUOD NON FUIT NEGATUM (Law Lat. which was not denied). A phrase found in the old reports. Latch, 213. Otherwise stated quod nemo negavit, which no one denied. QUOD NON HABET

IN accessoria seu consequentia non valebit; et quod non valet in magis propinquo, non valebit in magis remote. What is not good as to things principal will not be good as to access

EST DOMINI REgis. That which belongs to nobody belongs to our lord the king. Fleta, lib. 3; Broom, Leg. Max. (3d London Ed.) 317; Bac. Abr. "Prerogative" (B); 2 Bl. Comm. 260. QUOD

AB OMNIBUS debet supportari. That which concerns all ought to be supported by all. 3 How. St. Tr. 818, 1087.

^Lat. that the parties do replead). The form of the judgment on award of a repleader. 2 Salk. 579,

See "Judgment."

NON EST PRO EC, quasi sit. What is in suspense is considered as not existing during such suspense. Pig. 50. 17. 169. 1.

NEC PER alium. What I cannot do in person, I can- QUOD PER RECORDUM PROBATUM not! debet esse negatum. What is proved by the record ought not to be denied. QUOD PERM ITT AT (Lat.) I

Id jus ratum esto. What the people have last enacted, let that be the established law. 1 Bl. Comm. 89. QUOD PRIMUM EST INTENTIONE UUtimum est in operatione. That which is first in

LEGIS HAbet vigorem; utpote cum lege regia, quae de imperio ejus lata est, populus el et in eum omne suum imperium et potestatem conferat. The will of the emperor has the force of

amplius displicere non potest. That which, in making his election, a man has once been pleased to choose, he cannot afterwards quarrel with. Co. Litt. 146. QUOD SI CONTINGAT (Law L

What is understood is not wanting. 2 Ld. Raym. 832. QUOD TACITE INTELLIGITUR DEESSE non vi'detur. What is tacitly understood does not appear to be wanting. 4 Coke, 22.

LEX non requirit. The law does not require what is vain and useless. Co. Litt. 319. consequentias. Bnt that which has been admitted contrary to the reason of the law ought not to b

He did not say what he intended to. 1 Kent, Comm. 468, note; 4 Maule & S. 522, arg.; 1 Johns. Ch. (N. Y.) 235. QUODCUNQUE ALIQUIS OB TUTELAM corporis suit fecerit jure id fecisse v

WRIT OF. In English law. The name of a writ commanding the defendant to show by what right he demands common of pasture in the land of the complainant who claims to have a fee in t

EO DISSOLVITUR. By the same mode by which a thing is bound, by that is it released. 2 Ro Ue, 21. QUO MINUS (Lat.) The name of a writ. In England, when the king's debtor is sued in

EO DISSOLVITUR. As a thing is bound, so it is unbound. 2 Rolle, 21.

Used substantively, quorum signifies the number of persons belonging tc* a legislative assembly, a corporation, society, or other body, required to transact business. There is a di

NEC AUGET nee minuit sententlam, sed tantum conflrmat only confirms that which went before. Plowd. 52.

One of the quorum. In England it was formerly the practice to appoint certain justices of the peace, one of whom must be present for the transaction of certain business, such justi

In Scotch law. The twentieth part of the movables, computed without computation of debts, was so called. Formerly the bishop was entitled, in all confirmations, to the quot of the

A proportionate share of anything required to be paid, supplied, or furnished.

The listed price bid, offered, or paid for properties or commodities currently dealt in. QUOTIENS DUBIA INTERPRETATIO Llbertatis est, secundum libertatem responde/idum erit. Whenev

A Latin adverb, which signifies how long, how far, until. In old conveyances, it is used as a word of limitation. 10 Coke, 41. In practice, it is the name of an execukind is the ca

An engine with which to torture a supposed criminal, in order to extort a confession of his supposed crime, and the names of his' supposed accomplices. It is unknown in the United

In English law. The full extended value of land left by lease, payable by a tenant for life or years. Wood, Inst. 192.

A word used In Domesday Book, which Spelman interprets to mean "freemen." Domesday Book, fol. 18, tit. "Glowc. Berchelay;" Spelman.

In French law. A term including the repairs made to a ship, and a fresh supply of furniture and victuals, munitions, and other provisions required for the voyage. Pardessus, note 6

A form of lottery by which the price of an article is divided into shares, and the article awarded by chance to one of the shareholders. Cent. Diet.

or RAGMAN. A statute, so called, of justices assigned by Edw. I. and his council, to go a circuit through all England, and to hear and determine all complaints of injuries done wit

or RAGIMUND'S roll. A, roll, called from one Ragimund, or Ragimont, a legate in Scotland, who, summoning all the beneficed clergymen in that kingdom, caused them on oatii to give i

or RAILWAY. The terms "railroad" and "railway" are synonymous. 30 Minn. 524. Their significance varies with the context, being used sometimes to include all appurtenances (173 111.

To create; to bring into existence. The term is used in various senses, thus, to "rai^e" a use is to create it; to "raise" an issue is to file such a plea as to make an issue. Fact

A term used in old English law for the charging of a devise to dne child of testator, with the pajmient of certain sums to others. RAN (Saxon). Open theft or robbery. Cowell.

In the United States government surveys of lands, the "townships" (q. v.) are ranged in tiers east or west of a given meridian, such ranges therefore being a row of towns in a nort

A sworn officer of the forest to inquire of trespasses, and to drive the beasts of the forest out of the deforested ground into the forest. Jacob.

The order or place In which certain officers are placed in the army and navy, in relation to others. The term is sometimes applied to debts or securities to indicate their preceden

In Scotch law. Determining

A price of redemption of a captive or prisoner of war, or of captured property. — -In Old Eng,lish Law. A price paid for the pardon of some great offense. It differs from amercemen

A contract for payment of ransom of a captured vessel, with stipulations of safe-conduct, if she pursue a certain course and arrive in a certain time. If found out of time or cours

^— iln Criminal Law. Unlawful carnal knowledge of a woman by force and with- ' out her consent. (1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the

In English law. The chief officer of a rape (q. v.).1 Bl. Comm. 116. In the Civil Law. The violent taking from the person of another of money or goods for the sake of gain; robbery

In old English law, a ravlsher.

A writ for taking away an heir holding in socage, of which there were two sorts: One when the heir was married; the other when he was not. Reg. Orig. 163. RAPUIT (Lat. from rapere,

or RASUM (Law Lat. from radere). In old English law. Rased; erased. Fleta, lib. 2, c. 54, § 12. A rase; a measure of onions, containing twenty flones, and each flonis twenty-five h

Tithes charged pro rata on personal property kept within the parish for less than a year.

An agreement to adopt an act performed by another for us. Express ratifications are those made in express and direct terms of assent. Implied ratifications are such as the law pres

Confirmation; approbation of a contract; ratification.

In Commerce. The estimate put on the credit and financial resources of a person. There are various institutions or persons who furnish ratings. They are called "mercantile agencies

The ground of decision. RATIO EST FORIVIALIS CAUSA CONsuetudinis. Reason is the source and mold of custom. RATIO EST LEGIS ANIIMA; IVIUTATA legis ratione mutatur et lex. Reason is

Reason is a ray of divine light. Co. Litt. 232. RATIO ET AUCTORITAS DUO CLARISsima mundi lumina. Reason and authority are the two brightest lights in the world. 4 Inst. 320.

Reason in law is perfect equity.

The reason or occasion of Grotius distinguishes between "ratio" and "mens," the meaning or intent of a law.

The reason of the law is the soul of the law. Jenk. Cent. Cas. 45.

Alimony.

WRIT DE. The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the land in one town or hamlet, and the other of t

In old law. The pleadings in a suit. Rationes exercere, or ad rationes stare, to plead.

Reason is not confined to any place. RATIO POTEST ALLEGARI DEFICIENte lege, sed vera et legal is et non apparens. Reason may be alleged when the law is defective, but it must be tr

The act of trade unionists in causing the tools, clothes, or other propor cease working. It is an offense punishable by fine or imprisonment. 38 & 39 Vict. c. 86, § 7.

or RAUNSOME (Law Fr.) In old English law. Ransom; a fine; a severe kind of fine. Sur peyne de raunsome, on pain of ransom. Britt. c. 11. Per raunsome simple ou graund, solonc le fa

In pleading. A technical word necessary in an indictment for rape. No other word or circumlocution will answer. The defendant should be charged with having "feloniously ravished" t

In criminal law. An unlawful taking of a woman, or of an heir in ward; rape. RAVISHMENT DE CARD (Law Fr.) An abohshed writ, which lay for a guardian by knight's service or in socag

In English law. The marriage of an infant ward without the consent of the guardian. It is punishable by St. Westminster II. c. 35, RE (Lat.) In the matter of. RE, verbis, scripto,

—At Common Law. A term which is applied to land in its most enlarged signification. "Real security," therefore, means the security of mortgages or other incumbrances affecting land

In the Civil Law. One by which a person seeks to recover his property which is in the possession of another. Dig. 50. 16. 16. It is to be brought against the person who has possess

Lands or real estate in the hands of an heir, chargeable with the payment of the debts of the ancestor. 2 Bl. Comm. 244, 302; 2 Williams, Ex'rs, 436. See "Assets."

In Scotch law. Where a right to lands is expressly granted under the burden of a specific sum, which is declared a burden on the lands themselves, or where the right is declared nu

See "Chattel." REAL CHYMIN (Law Fr.) In old English law. The royal way; the king's highway (regia via). Y. B. P. 6 Edw. III. 48.

'An agreement the consent of the ordinary and the patron of the living, that the land shall for the future be discharged from payment of tithes, by reason of some land or other rea

At Common Law. A contract respecting real property. 3 Rawle (Pa.) 225. In Civil Law. Those contracts which require the interposition of a thing (rei) as the subject of them; for in