Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
Why he incumbered. A writ which lay against a bishop, who, within six months after the vacation of a benefice, conferred it on his clerk, whilst two others were contending at law f
A writ or action for a patron against a bishop to recover the presentation and for damages for admitting a clerk pending a quare impedit. See 3 Bl. Comm. 248.
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
A writ for a patron against a bishop for damages for not admitting a clerk upon a writ ad admittendum clericum. See 3 Bl. Comm. 250.
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.
A furlong. Ch Litt 5b.
(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 dispute; a difference. In law, particularly in releases, which are taken most strongly against the releasor, when a man releases all quarrel he is said to release all actions, re
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
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.
- quarterdefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
The term “quarter” means, with respect to any required installment, the 3-month period preceding the month in which the due date for such installment occurs. / The term "quart
a period of three calendar months ending on March 31, June 30, September 30, or December 31; and the term 'quarter of coverage' means a calendar quarter in which the individual-has
The four days in the year upon which, by law or custom, moneys payable in quarter-yearly installments are collectible, are calied "quarter-days."
The four days of the year on which rent payable quarterly becomes due.
A silver coin of the United States, of the value of twenty-five cents.
A gold coin of the 1 of the court to quash an indictment or to United States, of the value of two and a half leave the defendant to a motion in arrest of dollars. See Money; Coin.
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
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.
a calendar quarter in which the individual has been paid not less than $50 in wages.
The issue of a white person and a tercerone. See 19 Ark. 121. See, also, Tercerone.
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
The term “quarters” means quarters owned or leased by the Government. / The term “quarters” means quarters owned or leased by the Federal Government.
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.
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
- Quarter Sessionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
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.
The day following the third day of grace allowed for appearance.
Fourth. Quarto die post. 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 m
- Quashdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
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
As; as if; as it were; relating to or having the character of. See 60 111. 390.
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
As a sheep given to a wolf to be devoured. 3 Wend. 626.
The transaction, in this latter case, between the pilot and the master or owners, cannot be strictly termed a contract, but it is a transaction to which the law attaches similar co
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
A liability upon quasi contract is one upon an 'implied contract.' The liability of a national bank shareholder, created though it is by statute, is quasi contractual in its origin
the effect of these provisions would have been to create an obligation or liability, quasi contractual in nature, on the part of stockholders acquiring their stock after the enactm
If not a corporation in the full sense of the term, it is a quasi corporation, and can sue and be sued, in regard to any matter in which, by law, it has rights to be enforced, or i
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
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
The application against him in such cases is not equivalent to an action of debt or assumpsit, but is a quasi criminal proceeding, in which the question is not merely whether the a
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.
A vessel whose crew is disabled by sickness or other cause. See Newb. 449, 23 Fed. Cas. (U. S.) 333.
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 tail of less than a fee, e. g., an estate tail pur autre vie.
A term applied to legal bars analagous to estoppel in pais, but differing therefrom. It includes the doctrine of “election,” the principle which precludes a party from asserting to
An estate gained by wrong; for wrong is unlimited and uncontained within rules. Wharton.
if the two suits are in rem, or quasi in rem, so that the court, or its officer, has possession or must have control of the property which is the subject of the litigation in order
The only essentials to the exercise of the state's power are presence of the res within its borders, its seizure at the commencement of proceedings, and the opportunity of the owne
The sort of authority or discretion vested in an officer wherein his acts partake of a judicial character. See 60 Conn. 448, 25 Am. St. Rep. 337, 22 Atl. 494.
The Arkansas Corporation Commission does not act ministerially. On the contrary, it is a quasi-judicial agency entrusted with wide responsibilities in connection with the general t
those who are members of a body 'to exercise its judgment without the leave or hindrance of any other official or any department of the government,' as to whom a power of removal e
A proceeding of this sort requiring the taking and weighing of evidence, determinations of fact based upon the consideration of the evidence, and the making of an order supported b
Neither finding was here essential to the existence of authority to enter the order and hence was not 'quasi jurisdictional'.
The legal distinction was pointed out between what may be termed quasi jurisdictional findings, there held to be indispensable, and the 'complete statement of the grounds of the Co
an administrative body created by Congress to carry into effect legislative policies embodied in the statute in accordance with the legislative standard therein prescribed, and to
When under this mandate the Commission declares a specific rate to be the reasonable and lawful rate for the future, it speaks as the Legislature, and its pronouncement has the for
The function of filling in the interstices of the Act should be performed, as much as possible, through this quasi-legislative promulgation of rules to be applied in the future.
Public corporations organized for governmental purposes and having for most purposes the status and powers of municipal corporations (such as counties, townships, and school distri
torts, a term used in the civil law, are those acts Which although not committed by the persons responsible for them, are by implication of law supposed to have been committed by t
One which is imputed to the person who is responsible for its injurious consequences, not because he himself committed it, but because the perpetrator of it is presumed to have act
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
Sureties, signing appeal bonds, stay bonds, delivery bonds, and receipters under writs of attachment, become quasi parties to the proceedings, and subject themselves to the jurisdi
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
A private corporation operating a public utility. See 3 Bland (Md.), 407.
Those corporations, which are technically private, but of quasi-public character, having in view some public enterprise in which the public are involved, such as railroad companies
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.
A term applied to the possession which a copyholder has of the land to which he has been admitted. The freehold in copyhold lands being in the lord, the copyholder cannot have seis
It was one between states, each acting as a quasi sovereign and representative of the interests and rights of her people in a controversy with the other.
The interests of the State are not deemed to be confined to those of a strictly proprietary character but embrace its 'quasi-sovereign' interests which are 'independent of and behi
A subtenant allowed by the reversioner to hold over after the end of the tenant’s lease.
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 supposed or implied delivery of property from one to another. Thus, if the purchaser of an article was already in possession of it before the sale, his continuing in possession i
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."
As appears above.
"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
1. 1. Runs upon four feet; runs upon all fours. A term used to denote an exact correspondence, v. Nullum simile, etc.
Four. A Latin numeral, to which quartus (fourth) is the corresponding ordinal. Quatuor pedlbus currit. It runs upon four feet; it runs upon all-fours. A phrase which is used, in ma
See Extra Quatuor Maria. QUATUORVIRI (Lat. four men). In Roman Law. Magistrates who had the care and inspection of roads. Dig. 1. 2. 3. 30.
It runs on all-fours with; it exactly corresponds.
In Roman law. Magistrates who had the care and inspection of roads. Dig. 1, 2, 3, 30.
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
Wharfage.
- Quæ contra rationem juris introdncta snnt, non debent trahi in consequentiamdefined inBlack's (1910)
12 Coke, 75. Things introduced contrary to the reason of law ought not to be drawn into a precedent.
- Quæcunque intra rationem legis inveniuntur intra legem ipsam esse judicanturdefined inBlack's (1910)
Things which are found within the season of a law are supposed to be within the law itself. 2 Inst 689.