Quadruplication

In pleading. For-

In Pleading. A pleading in admiralty, third in order after a replication; now obsolete. Formerly this word was used instead of surrebutter. 1 Brown, Civ. Law. 4G9, n. ' QU EST EADEM (Lat. which is the same). A clause containing a statement that the trespass, or other fact mentioned in the plea, is the same as that laid in the declaration, where from the circumstances there is an apparent difference between the two. 1 Chitty, PI. *582; Gould, PI. c. 3, § 79, 80; Watson v. Joslyn, 29 Vt. 455. The form is as follows: “which are the same assaulting, beating, and ill-treating, the said John, in the said declaration mentioned, and whereof the said John hath above there- Civ. PI. 217; Com. Dig. Plead* (E31); Cro. Jac. 372. QUAiPLURA. A writ which lay where an inquisition had been taken by an escheator of lands, etc. of which a man, died seised, and all the land was supposed not to be found by the office or inquisition; it was to inquire of “what more” lands or tenements the party dies seised. Reg. Orig. 293. QU/€RE (Lat.). Query: noun and verb. A word frequently used to denote that an inquiry ought! to be made of a doubtful thing. 2 Lilly, Abr. 406. Commonly used in the syllabi of the reported cases, to mark points of law considered doubtful. QU/ERENS NON INVENIT PLEGIUM (Lat.). The plaintiff has not found pledge. The return made by the sheriff to a writ directed to him with this clause, namely, 8i A fecerit B securum de clamore suo prosequeivdo, when the plaintiff has neglected to find sufficient security. Fitz. N. B. 38. QUiCSTIO. In Roman Law. A sort of commission (ad quazrendum) to inquire into some criminal matter given to a magistrate or citizen, who was called qucvsitor or qutestor, who made report thereon to the senate or the people, as the one or the other appointed him. In progress of time he was empowered (with the assistance of a counsel) to adjudge the case; and the tribunal thus constituted was called quwstio. This special tribunal continued in use until the end of the Roman republic, although it was resorted to, during the last times of the republic, only in extraordinary cases. The manner In which they were constituted was this. If the matter to be inquired of was within the jurisdiction of the comltia, the senate, on the demand of the consul, or of a tribune, or of one of its members, declared by a decree that there was cause to prosecute a citizen. Then the consul ex auctontate senatus asked the people in comitia (rogabat) to enact this decree into a law. The comitia adopted it, either simply or with amendment, or they rejected it. The increase of population and of crimes rendered this method, which was tardy at best, onerous, and even impracticable. In the year a. u. c. 604, or 149 b. c., under the consulship of Censorinus and Manilius, the tribune Calpurnius Piso procured the passage of a law establishing a questio perpet ua, to take cognizance of the crime of extortion committed by Roman magistrates against strangers de pecuniis repetundis. Cicero, Brut. 27; de Off. ii. 21; in Verr. iv. 25. Many such tribunals were afterwards established, such as Qucestionvs de majestate, de ambitu, de peculatu, de vi, de sodalitiis, etc. Each was composed of a certain number of judges taken from the senators, and presided over by a praetor, although he might delegate his authority to a public officer, who was called judex quoeationis. These tribunals continued a year only; for the meaning of the word perpetuua is non interruptus, not interrupted during the term of fts appointed duration. The establishment of these qutbstionea deprived •eventh centuries of the Roman republic, the last of which was remarkable for civil dissensions and replete with great public transactions. Without some knowledge of the constitution of the Qucestio peryctua, it is impossible to understand the forensio speeches of Cicero, or even the political history of that age. But when Julius Caesar, as dictator, sat for the trial of Ligarius, the ancient constitution of the republic was, in fact, destroyed, and the criminal tribunals, which had existed in more or less vigor and purity until then, existed no longer but in name. Under Augustus, the concentration of the triple power of the consuls, pro-consuls, and tribunes in his person transferred to him, as of course, all Judicial powers and authorities. QU>£STOR (Lat). The name of a magistrate of ancient Rome. QU/ESTORES CLASSICI (Lat.). In Roman Law. Officers entrusted with the care of the public money. Their duties consisted in making the necessary payments from the asrarium, and receiving the public revenues. Of both they had to keep correct accounts in tlieir tabula) publiccc. Demands which any one might have on the wrarium, and outstanding debts were likewise registered by them. Fines to be paid to the public treasury were registered and exacted by them. They were likewise to provide proper accommodations for foreign ambassadors and such persons as were connected with the republic by ties of public hospitality. Lastly, they were charged with the care of the burials and monuments of distinguished men, the expenses for which had been decreed by the senate to be paid by the treasury. Their number at first was confined to two; but this was afterwards increased as the empire became extended. There were questors of cities and of provinces, and questors of the army; the latter were in fact paymasters. QU/ESTORES PARRICIDII (Lat). In Roman Law. Public accusers, two in number, who conducted the accusation of persons guilty of murder or any other capital offence, and carried the sentence into execution. They ceased to be appointed at an early period. {Smith, Diet. Gr. & Rom. Antiq.

pileading. Formerly this word was used instead of surrebutter. 1 Bro. Civ. Law, 469, n.