Lat. In the civil law. A species of action allowed to a child who had been unjustly disinherited, to set aside the will, founded on the presumption of law, in such
Category: Q
QUEEN’S PRISON
A Jail which used to be appropriated to the debtors and crimi-nals confined under process or by authority of the superior courts at westminster, the high court of admiralty, and also to per-sons imprisoned under the bankrupt law
QUEM REDITUM REDDIT
L. Lat. An old writ which lay where a rent-charge or other rent which was not rent service was granted by fine holding of the grantor. If the tenant would not attorn, then the grantee might have had this writ old Nat. Brev. 126
QUEEN ANNE’S BOUNTY
A fund created by a charter of Queen Anne, (con-firmed by St 2 Ann. c. 11,) for the augmenta-tion of poor livings, consisting of all the revenue of first fruits and tenths, which was vested ln trustees forever. 1 Bl. Comm. 286
QUEEN
A woman who possesses the soverelgnty and royal power in a country under a monarchical form of government The wife of a klng
QUEAN
A worthless woman; a strum-pet. obsolete
QUE EST LE MESME
L. Fr. whlch is the same. A term used in actions of trespass, etc. See Quje est Eadbx
QUATUORVIRI
In Roman law. Mag-tetrates who had the care and inspection of roads. Dig. 1, 2, 3, 30
QUATUOR PEDIBUS CURRIT
Lat
QUASI
Let As lf; as lt were; anal-ogous to. This term is used in legal phrase
QUATER COUSIN
See Cousin
QUASH
To overthrow; to abate; to an-nul; to make void. Spelman; 3 Bl. Comm. 303; Crawford v. Stewart, 38 Pa. 34; Hoi-land v. webster, 43 Fla,. 85^29 South. 625; Bosley v. Bruner, 2 Cushm. (Miss.) 462
QUARTO DIE FOST
Lat on the
QUARTERONE
In the Spanish and French west Indies, a quadroon, that is, a person one of whose parents was white and the other a mulatto. See Daniel v. Guy, 19 Ark. 131.
QUARTERLY COURTS
A system of courts in Kentucky possessing a limited orig-lnal jurisdictlon ln clvll cases and appellate jurisdlction from justices of the peace
QUARTERING SOLDIERS
Tbe act of
QUARTERIZATION
Quartering of crim-lnals
QUARTER SESSIONS
In Enclisb law. A criminal court held before two or more justlces of the peace, (one of whom must be of the quorum,) ln every county, once in every quarter of a year. 4 BL Comm. 271; 4 Steph. Comm. 335
QUARTERING
‘ In English criminal law. The dlviding a criminal’s body into quarters, after execution. A part of the punishment of high treason. 4 Bl. Comm. 93
QUARTER
The fourth part of any-thlng. especlally of a year. Also a length of four inches. In England, a measure of corn, generally reckoned at eight bushels, though subject to local variations. See Hospltal St. Cross v. Lord Howard De walden, 6 Term, 343. In Amerlcan land law, a quarter sec-tion of land. See infra. And […]
QUART
A llquid measure, containing* one-fourth part of a gallon
QUARRY
In mining law. An open excavation where the works* are visible at the surface; a place or pit where stone, slate, marble, etc., ls dug out or separated from a mass of rock. Baiub. Mines, 2. See Marvel v. Merritt, 116 U. S. 11, 6 Sup. Ct. 207, 29 L. Ed. 550; Murray v. Allred, […]
QUARENTENA TERRA
A furlong. Co. Lltt 5b
QUARE NON ADMIBIT
In Engllsh law. A writ to recover damages against a bishop who does not admit a plaintifTs clerk. It is, however, rarely or never necessary; for lt ls said that a bishop, refusing to execute the writ ad admittcndum clericum, or mak-lng an Insufficient return to it, may he fined, wats. Cler. Law, 302
QUARE INCUMBRAVIT
In English law. A writ which lay against a bishop who, within six months after the vacation of a benefice, conferred it on his clerk, whlle two others were contendlng at law for the right of presentation, calling upon him to show cause why he had Incumbered the church. Reg. orlg. 32. Abollshed by 3 […]
QUARE INTRUSIT
A writ that for-merly lay where the lord proffered a sultable marriage to hls ward, who rejected It, and entered into the land, and married another, the value of hls marriage not being satisfied to the lord. Abolished by 12 Car. II. c. 24
QUARE IMPEDIT
wherefore he hin-ders. In English practice. A writ or action which lies for* the patron of an advowson, where he has been disturbed in his right of patronage; so called from the emphatic words of the old form, by which the dlsturh-er was summoned to answer why he hinders the plaintifT. 3 Bl. Comm. 246, […]
QUARE CLAUSUM FREGIT
Lat
QUARE EJECIT INFRA TERMINUM
wherefore he ejected within the term. In old practice. A writ which lay for a lessee where he was ejected before the expiration of hls term, in cases where the wrong-doer or ejector was not himself in possession of the lands, but his feoffee or another claiming under him. 3 Bl. Comm. 199, 206; Reg. […]
QUARE
Lat wherefore; for what rea-son; on what account. Used in the Latin – form of several common-law writs
QUARANTINE
A period of time (theoretically forty days) during which a vessel, coming from a place where a contagious or Infectious disease ls prevalent, ls detained by authority in the harbor of her port of destl-nation, or at a station near it, without being permitted to land or to discharge her crew or passengers. Quarantine is […]
QUANTUM VALEBANT
As much as they were worth. In pleadlng. The com-mon count In an action of assumpsit for goods sold and delivered, founded on an implled assumpsit or promise, on the part of the defendant, to pay the plaintiff as much as the goods were reasonably worth. 3 Bl
QUANTUM MERUIT
As much as he deserved. In pleading.- The common count in an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay the plaintiff as much as he reasonably deserved to have for his labor. 3 BL Comm. 161; 1 Tidd, Pr. 2
QUANDO AOCIDERINT
.Lat when they shall come In. The name of a judgment sometimes given against an executor, especially on a plea of plene administrarif, wbich empowers the plaintiff to have the benefit of assets which may at any time thereafter come to the hands of the executor
QUANTI MINORIS
Lat. The name of an action in the civil law, (and ln Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects ln the thing which diminish its value
QUAMDIU SB BENE GESSERIT
As
QUALITY
In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. .In pleading, it means ap
QUAMDIU
Lat As long as; so long as. A word of limitation in old conveyances. Co. Litt 235a
QUALE JUS
Lat. In old English law
QUALIFICATION
The possession by an lndlvldual of the qualities, properties, or
QUJBSTOR
Lat A Roman magistrate, -whose office it was to collect the public rev-enue. Varro de L. L. iv. 14
QUABSTIONARH
Those who carried queeata about from door to door
QUJESTA
An lndulgence or remlsslon of penance, sold by the pope
QUJERENS NON INVENIT PLEGIUM
L^ Lat. The plaintiff did not find a pledge. A return formerly made by a sheriff to a writ requiring him to take security of the plaintiff to prosecute hls- claim. Cowell.
QUJE PLURA
Lat In old Engllsh practice. A writ which lay where an inqnl-sltlon had been made by an escheator in any county of such lands or tenements as any man died seised of, and all that was ln his possession was imagined not to be found by the office; the writ commanding the es-cheator to inquire […]
QUXRE
A query; question; doubt This word, occurring ln the syllabus of a re-ported case or elsewhere, shows that a ques-tion ia propounded as to what follows, or that the particular rule, decision, or state-ment is considered as open to question
QUJE NIHIL FRUSTRA
Lat which [does or requires] nothing ln vain, which requires nothing to be done, that is, to no purpose. 2 Kent, Comm. 53
QUADRUPLICATIO
Lat In the civU law. A pleading on the part of a defendant, corresponding to the rebutter at common law. The third pleading on the part of the defendant. Inst. 4, 14, 3; 3 BL Comm. 310
QUJE EST EADEM
Lat which ls the same, words used for alleging 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 au apparent difference between the two. 1 ChiL Pl. *582
QUADRUPLATORES
Lat In Romau law. Informers who, lf their information were followed by conviction, had the fourth part of the confiscated goods for their trouble