Qui Improvide

A supersedeas granted where a writ was erroneously sued out or misawarded. OUI TAM (Lat. who as well). An action under a statute which imposes a penalty for the doing or not doing an act, and gives that penalty in part to whomsoever will sue for the same, and the other part to the commonwealth, or some charitable, literary, or other institution, and makes it recoverable by action. The plaintiff describes himself as suing as well for the commonwealth, for example, as for himself. Espinasse, Pen. Act 5, 6; 1 Viner, Abr. 197; 1 Salk. J29, n.; Bac. Abr. See In Iformer; 10 Harv. L. Rev. 2G5. 'The action for a penalty is a civil suit; Brophy v. Perth Amboy, 44 N. J. L. 217, reversing State v. Brophy, 43 N. J. L. 589; Waters v. Day, 10 VI. 4S7; while the action for a statutory penalty is civil, the information qui tarn is criminal; Canfield v. Mitchell, 43 Conn. 109; State v. R. Co., 30 Mo. App. 494. Previous conviction on an indictment for violation of a statute is not necessary to sustain a qui tain action or action of debt for the penalty; Agnew v. Mc Elhare, 18 Pa. 4S4; Moaher v. Chattanooga, 1 Head (Tenn.) 74. Such an action will not lie for a penalty prescribed by Stat. 32 Hen. VIII. for the sale of a pretended title to land; Milsaps v. Johnson, 22 Ga. 105. QUIA (Lat). In Pleading. Because. This word is considered a term of affirmation. It is sufficiently direct and positive QUIA EMPTORES (Lat.). A name sometimes given to the English Statute of Westminster 3, 18 Edw. I. c; 1, which prohibited sub-infeudation; so called from its initial words. 2 Bla. Com. 91. It is expressly limited to estates in fee simple. It authorized every free man to sell his lands and tenants, but so that the feoffee should hold them of the same chief lord of the fee and by the same service and custom as his feoffor. See Manor; Sub-Infeudation; Tenure; Alod. QUIA TIMET (Lat. because he fears). A term applied to preventive or anticipatory remedies. According to Lord Coke, “there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading: as, First, a man may have his writ or mesne before he be distrained. Second, a warrantia char tee, before he be impleaded. Third, a monstrav&'mit, before any distress or vexation. Fourth, an audita querela, before any execution sued. Fifths a cu Ha claudenda, before any default of enclosure. Sixth, a ne in juste vexes, before any distress or molestation. And these are called brevia anticipantia, writs of prevention.” Co. Litt. 100. And see 7 Bro. P. C. 125. These writs are generally obsolete. In chancery, when it is contemplated to prevent an expected injury, a bill quia timet is filed. See Bill Quia Timet.