Quae Ab Hostibus Capiuntur
Defined in 2 dictionaries — Cyclopedic (1922), Kinney (1893)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
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 INUTILIS FUIT INstitutio, ex post facto cohvalescere non potest. An institution void in the beginning cannot acquire validity from after-matter. Dig. 50. 17. 210.
A Law Dictionary and Glossary
George C. Kinney · 1893
statiin capientium Hunt, I Things which are taken from enemies immediately become the property of the to one object] ought not to be perverted to another; the sense of ■words charged as slanderous is to be collected from the cause and occasion of speaking them. Quaj colisereiit personae a persona separai'l nequeunt: things which cohere to, or are closely connected with, the person, cannot be separated from the person, — applied to the joinder of husband and wife as parties to actions. Qiias commiini lege derogant stricte interpretantiir: [statutes] which derogate fi-om the common law are atrictly interpreted. (Jua> contra rationem juris iutroducta snnt, non debent tralii In conseqnentiam: things which are introduced contrary to the reason of law ought not to be drawn into a precedent; precedents which are utterly against law and reason are void. Quae diibitationis cansa to Ueudae inseruntur, communem legem non laedunt: [clauses] which are inserted [in an instrument] for the purpose of removing doubt do not affect the common law. Quae incontinenti flnnt inesse videntur: things which are done incontinently [or simultaneously with an act] are supposed to be inherent [in it; to be a constituent part of it]. Quae inter alios acta sunt nemini nocere debent, sed prodesse possunt: things which are done between others (or third parties) ought not to injure a person, but may benefit him. Quae leg! commnni derogant non sunt trahenda in exemplnm: things which derogate from the common law are not to be drawn into precedent Qusb nihil frnstra: which (does or requires) nothing in vain; which requires nothing to be done that is to n<3 purposa Quae non valeant [prosunt] singula, juncta juvant: things which may have no force singly, united have an effect; words in an instrument which are ineffective when taken singly, operate when taken conjointly. Quae praeter consuetudiaeiu et moreni majorum flnnt neque placent neque recta videntur: things which are done contrary to the custom of our ancestors neither please nor appear right. Quae sunt mlnoris culpae sunt inajoris infamiae: [offenses] which are of a lower grade of guilt are of a higher degree of infamy; an allusion to the infamous punishments of pillory, branding a Uid cropping, which were formerly inflicted for minor offenses. In old English law. Quae est eadem: formal words used in pleas in actions of trespass, the defendant alleging that the plaintiff gave him leave to enter on the land, and that he entered accordingly. Quae in partes dividi nequeunt, solida a singulis praestantur: things [or services] which cannot be divided into parts are rendered entire severally [that is, by each several feoffee],— a maxim applied to the apportionment of rents and services. Quae plura: what more; a writ which lay where an inquisition had been made by an escheator of such lands as a man died seised of, and all that was in his possession was imagined not to be found by the ol Hcer,— the writ comto what more the party held on the In the civil law. Qnee ab initio inntilis fuit instltatio, ex postfacto conralescere non potest: an institution wliicii was at the beginning of no use or force cannot acquire force from after matter. Quae accessionum locnm obtinent, extiuguuntnr cum piincipales res peremptsB fuerint: things which liold tiie place of accessories are extinguislied wiien tiie principal things are destroyed. Qnse dubitationis to Uendse cansa contractlbus insernntur, jas commune non Isedunt: [clauses] which are inserted in contracts for the purpose of removing doubt do not affect the common rule of law. Quae ex hostibns capimns, jure gentium statim nostra liunt: what wl take from enemies, by the law of nations immediately becomes ours. (Juse ex hostibus capiuntur, jure gentium statim capientium flnnt: things which are taken from enemies, by the law of nations immediately become the property of the captors. Quae in testamento ita sunt script^ ut intelligi non possint, perinde sunt ac si srripta non essent: things which are so written in a will that they cannot be understood are the same as if they had not been written at all. (Juie propter necessitatem recepta sunt, non debent in argumentum trahi: things which are admitted on the ground of necessity ought not to be drawn into question. Quae rerum natnra prohlbentur nulla lege conflrmata sunt: things which are forbidden by the nature of things are [can be] confirmed by no law. Quaicunque intra rationem legis inveniuntur, intra legem ipsam esse judicantur, I. Things which are found within the reason of a law are supposed to be within the law itself. (juaillbet concessio fortissime contra donatorem interpretanda est, I. ' Every grant is to be interpreted most strongly against the grantor. Quselibet jurisdictio cancellos suos habet: every jurisdiction has its limits. (Jusere, I. Inquire; examine; look into. A word denoting a doubtful point, or suggesting further inquiry into a point or matter stated. ({naerens, I. I. In old English law. A plaintiff; the plaintifif. (Jua;rens nihil capiat per billam: the plaintiff shall take nothing by his bill,— a form of judgment for the defendant ({u^rens non invenit plegium: the plaintiff did not find a pledge; a return formerly made to a writ requiring the taking of security for prosecuting the action.