Lat In whatever manner
Category: Q
QUOUSQUE
Lat. How long; how far; until. In old conveyances it is used as a word of limitation. 10 Coke, 41
QUOTIENT VERDICT
A money ver dict the amount of which is fixed hy the following process: Each Juror writes down the sum he wishes to award by the verdict; these amounts are all added together, and the total is divided by twelve, (the number of the jurors,) and the quotient stands as the verdict of the jury […]
QUOTATION
1. The production to a conrt or judge of the exact language of a statute, precedent, or other authority, in support of an argument or proposition ad-vanced
QUOTA
A proportional part or share, the proportional part of a demand or liabll-ity, falling upon each of those who are col lectlvely responsible for the whole
QUOT
In old Scotch law. A twentieth part of the movable estate of a person dying, which was due to the bishop of the dio-cese within which the person resided. Bell
QUONIAM ATTACHIAMENTA
(Since the attachments.) one of the oldest books ln the Scotch law. So called from the two first words of the volume. Jacob; whishaw
QUOD VIDE
whlch see. A direction to the reader to look to another part of tbe hook, or to another book, there named, for further information
QUOD RECUPERET
That he recover The ordinary form of judgments for the plaintiff in actions at law. 1 Archb. Pr. K. B. 225; 1 Burrlll, Pr. 246
QUOD SI CONTINGAT
That lf it happen. words by which a condition might formerly be created in a deed. Litt. | 330
QUOD PROSTRAVIT
That he do abate. The name of a judgment upon an in-dictment for a nuisance, that the defendant abate such nuisance
QUOD PARTITIO FIAT
That parti-tion be made. The uame of the judgment in a suit for partition, directing that a partition be effected
QUOD PERMITTAT
That he permit In old English law. A writ which lay for the heir of him that was disseised of his common of pasture, against the heir of the disseisor. Cowell
QUOD PARTES REPLACITENT
That the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 579
QUOD NON FUIT NEGATUM
which was not denied. A phrase found ln the old reports, signifying that an argument or prop-osition was not denied or controverted by the court. Latch, 213
QUOD JUSSU
LaL In the civil law. The name of an action given to one who had contracted with a son or slave, by order ot the father or master, to compel such father or master to stand to the agreement Halll-fax, Civil Law, b. 3, c. 2, no. 3; InsL 4, 7, 1
QUOD CUM
In pleading. For that whereas. A form of introducing matter of inducement ln certain actions, as assumpsit and case
QUOD FUIT CONCESSUM
‘which was granted. A phrase in the reports, signify-ing that an argument or poiut made was conceded or acquiesced in by the court
QUOD BILLA CASSETUR
That the bill be quashed. The common-law form of a judgment sustaining a plea in abatement, where the proceeding ls by bill, i. e., by a capias instead of by original writ
QUOD CLERICI BENEFICIATI DE CANGELLARIA
A writ to exempt a clerk of the chahcery from the contribution to-wards the proctors of the clergy in parlia-ment, etc. Reg. orlg. 261
QUOAD SACRA
Lat As to sacred things; for religious purposes
QUOAD HOC
Lat. As to this; with respect to this; so far as this in particular ls concerned
QUO JURE
Lat. In old Engllsh prac* tice. A writ which lay for one that had land in which another claimed common, to compel the latter to show bg what title he claimed it CoweU; Fitzh. Nat. Brev. 128, F
QUIRE OP DOVER
In English law. A record ln the exchequer, showing the ten-ures for guarding and repairing Dover Cas-tle, and determining the services of the Ctnque Ports. 3 How. State Tr. 868
QUIRITARIAN OWNERSHIP
In Ro
QUINTO EXACTUS
In old practice. Called or exacted the fifth tlme. A return made by the sheriff, after a defendant had been proclaimed, required, or exacted in five county courts successively, and falled to appear, upon which he was outlawed by the coroners of the county. 3 BL Comm. 283
QUINZIME
E, or QUINZIME. Fif-teenths; also the fifteenth day after a festi-val. 13 Edw. I. See Cowell
QUINQUEPARTITE
Consisting of five parts; divided lnto five parts
QUELLE
In French marine law. Keel; the keel of a vessel. Ord. Mar. liv. 3, tlt 6, art 8
QUINQUE PORTUS
In old English law. The Cinque Ports. Spelman
QUIETE CLAMANTIA
L. Lat. In old English law. Quitclaim. Bract, fol. 33b
QUIETE CLAMARE
L. Lat To quit-claim or renounce ali pretensions of right and title. Bract fols. 1, 5
QUIETARE
L. Lat. To quit, acquit, discharge, or save harmless. A formal word in old deeds of donation and other convey-ances. CowelL
QUID FRO QUO
what for what; something for something. Used in law for the giving one valuable thing for another. It is nothing more than the mutual consideration which passes between the parties to a con-tract, and which renders it valid and binding. Cowell
QUIDAM
Lat. Somebody. This term ls used in the French law to designate a person whose name is not known
QUID JURIS CLAMAT
In old Eng-llsh practice. A writ which lay for the grantee of a reversion or remainder, where the particular tenant would not attorn, for the purpose of compelling him. Termes de la Ley; Cowell
QUICK WITH CHILD
See QUICKEN-IN G
QUICKENING
ln medical jurispru-dence. The first motion of the foetus in the womb felt by the mother, occurring usually about the middle of the term of pregnancy. See Com. v. Parker, 9 Metc. (Mass.) 266, 43 Am. Dec. 396; State v. Cooper, 22 N. J. Law, 57, 51 Am. Dec. 248; Evans v. People, 49 N. […]
QUIA TIMET
Lat Because he fears or apprehends. In equity practice. The technical name of a blll filed by a party who seeks the ald of a court of equity, because he fears some future probable injury to his rights or interests. 2 Story, Eq. Jur. | 826
QUIBBLE
A cavilling or verbal ohjec-tion. A sllght difllculty raised without ne-cesslty or propriety
QUIA ERRONICE EMANAVIT
Because it issued erroneously, or through mis-take. A term in old English practice. Tel. 83
QUIA DATUM EST NOBIS INTELLL
GI. Because lt is given to us to understand. Formal words in old writs,
QUIA
Lat. Because; whereas; inasmuch as
QUESTUS EST NOBIS
Lat A writ of nuisance, whicb, by 15 Fdw. I., lay against him to whom a house or other thing that caused a nuisance descended or was alienated ; whereas, before that statute the action lay only against him who first levied or caus-ed the nuisance to the damage of his neigh-bor. Cowell
QUESTORES PARRICIDII
Lat. In Roman law. Certain officers, two in number, who were deputed by the eomitia, as a kind of commission, to search out and try all cases of parricide and murder. They were proba-bly appointed annually. Maine, Anc. Law, 370
QUESTMONGER
r QUESTMONGER. In
QUESTA
In old records. A quest; an inquest, inquisition, or inquiry, upon the oaths of an Impaneled jury. Oowell
QUESTION
A method of criminal ex-amination heretofore in use ln some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by means of the rack or other engines, in order to- extort from him, as the condition of his release from the torture, a confession of his own guilt […]
QUERENS
Lat. A plaintiff; complain-ant; Inquirer
QUERELA CORAM REGE A CON-CILIO DISCUTIENDA ET TERMI-NANDA
A writ by which one is called to justify a complaint of a trespass made to the king himself, before the king and his council. Reg. orlg. 124