Quilibet

Whoever will; any one who will. Any person without distinction. Quilibet potest renunciare juri pro se introducto. Any one may renounce a right introduced for his own benefit. Any one may, at his pleasure, renounce the benefit of that which the law would introduce for his benefit. Thus a person may renounce a constitutional provision made for his own benefit; or a defence which at law would bar the plaintiff's demand, such as bankruptcy, infancy, the statute of limitations, usury, and the like. The acceptor of a bill or indorser of a note may waive notice of protest or nonpayment. But the above rule must be applied with this general qualification, that a private agreement cannot be permitted to infringe upon the rights of third parties; thus partners cannot renounce their relationship as such, to the injury of creditors. In New York, it has been held that a defendant in a criminal case cannot waive the right of trial by twelve jurymen; and where, by the prisoner's express desire a juror was excused from sitting, and the remaining eleven convicted the defendant, the court of appeals reversed the judgment and granted a new trial. People v. Cancemi, 7 Abb. Pr. 271. This maxim must be understood as applicable to the party himself having the right, and not to third parties; for no one will be permitted to renounce a right in which others are interested to their prejudice; e.g., the waiver of notice of dishonor of a bill by one indorser will not prejudice the right to notice of the subsequent indorsers. But he may renounce a right given to him alone, whether by act of law or of parties; as to waive his defence to a claim under plea of infancy or the statute of limitations; or to give up any private rights or privileges he may have, either for the benefit of individuals or of the public, — as by giving up his right to compel the specific performance of a contract, or to give the public a right of way over his lands. He may, however, in certain cases, refuse to take advantage of the right the law gives to him, even to the prejudice of others; as in the case of an executor refusing to take advantage of the statute of limitations, to the prejudice of the legatees. Whart. Max. QUINQUE; QUINTUS. Latin numerals, cardinal and ordinal; quinque meaning five, and quintus fifth. Quinto exactus. Called the fifth time. The form and the name of a return by the sheriff, importing, in proceedings for outlawry, that a defendant had been proclaimed and called in five county courts successively, and failed to appear; upon which he was outlawed.