Bouvier's Law Dictionary, 1856 Edition

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Bouvier's Law Dictionary
1856 Edition

QUACK. One, who, without sufficient knowledge, study or = previous=20 preparation, and without the diploma of some college or university, = undertakes=20 to practice medicine or surgery, under the pretence that he possesses = secrets in=20 those arts.

2. He is criminally answerable for his unskilful practice, and also, = civilly=20 to his patient in certain cases. Vide Mala praxis; Physician.

QUADRANS, civil law. The fourth part of the whole. Hence the = heir=20 exquad rante; that is to say, the fourth-part of the whole.

QUADRANT. In angular measures, a quadrant is equal to ninety = degrees.=20 Vide Measure.

QUADRIENNIUM UTILE, Scotch law. The four years of a minor = between his=20 age of twenty-one and twenty-five years, are so called.

2. During this period he is permitted to impeach contracts made = against his=20 interest previous to his arriving at the age of twenty-one years. Ersk. = Prin. B.=20 1, t. 7, n. 19; 1 Bell's Com. 135, 5th ed.; Ersk. Inst. B. 1, t. 7, s. = 35.

QUADRIPARTITE. Having four parts, or divided into four parts; = as, this=20 indenture quadripartite made between A B, of the one part, C D, of the = second=20 part, E P, of the third part, and G H, of the fourth part.

QUADROON.A person who is descended from a white person, and = another=20 person who has an equal mixture of the European and African blood. 2 = Bailey,=20 558. Vide Mulatto.

QUADRUPLICATION, pleading. Formerly this word was used instead = of=20 surrebutter. 1 Bro. Civ. Law, 469, n.

QUAE EST EADEM, pleading. Which is the same.

2. When the defendant in trespass justifies, that the trespass = justified in=20 the plea is the same as that complained of in the declaration; this = clause is=20 called quae est eadem. Gould. Pl. c. 3, s. 79, 80.

3. The form is as follows: "which are the same assaullting, heating = and=20 ill-treating, the said John, in the said declaration mentioned, and = whereof the=20 said John hath above thereof complained against the said James." Vide 1 = Saund.=20 14, 208, n. 2; 2 Id. 5 a, n. 3; Archb. Civ. Pl. 217.

QUAERE, practice. A word frequently used to denote that an = inquiry=20 ought to be made of a doubtful thing. 2 Lill. Ab. 406.

QUAERENS NON INVENIT PLEGIUM, practice. The plaintiff has not = found=20 pledge. The return made by the sheriff to a writ directed to him with = this=20 clause, namely, si A facerit B securum de clamore suo prosequando, when = the=20 plaintiff has neglected to find sufficient security. F. N. B. 38.

QUAESTIO, Rom. civ. law. A sort of commission (ad quaerendum) = to=20 inquire into some criminal matter given to a magistrate or citizen, who = was=20 called quaesitor or quaestor who made report thereon to the senate or = the=20 people, as the one or the other appointed him. In progress, he was = empowered=20 (with the assistance of a counsel) to adjudge the case; and the tribunal = thus=20 constituted, was called quaestio. This special tribunal continued in use = until=20 the end of the Roman republic, although it was resorted to during the = last times=20 of the republic, only in extraordinary cases.

2. The manner in which such commissions were constituted was this: If = the=20 matter to be inquired of was within the jurisdiction of the comitia, the = senate=20 on the demand of the consul or of a tribune or of one of its members, = declared=20 by a decree that there was cause to prosecute a citizen. Then the consul = ex=20 auctoritate senatus asked the people in comitia, (rogabat rogatio) to = enact this=20 decree into a law. The comitia adopted it either simply, or with = amendment, or=20 they rejected it.

3. The increase of population and of crimes rendered this method, = which was=20 tardy at best, onerous and even impracticable. In the year A. U. C. 604 = or 149=20 B. C., under the consulship of Censorinus and Manilius, the tribune = Calpurnius=20 Piso, procured the passage of a law establishing a questio perpetua, to = take=20 cognizance of the crime of extortion, committed by Roman magistrates = against=20 strangers de pecuniis repetundis. Cic. Brut. 27. De Off.. II., 21; In = Verr. IV.=20 25.

4. Many such tribunals were afterwards established, such as = Quaestiones de=20 majestate, de ambitu, de peculatu, de vi,de sodalitiis, &c. Each was = composed of a certain number of judges taken from the senators, and = presided=20 over by a preator, although he might delegate his authority to a public = officer,=20 who was called judex quaestionis. These tribunals continued a year only; = for the=20 meaning of the word perpetuus is (non interruptus,) not interrupted = during the=20 term of its appointed duration.

5. The establishment of these quaestiones, deprived the comitia of = their=20 criminal jurisdiction, except the crime of treason - they were in fact = the=20 depositories of the judicial power during the sixth and seventh = centuries of the=20 Roman republic, the last of which was remarkable for civil dissentions, = and=20 replete with great public, transactions. Without some knowledge of the=20 constitution of the Quaestio perpetua, it is impossible to understand = the=20 forensic speeches of Cicero, or even the political history of that age. = But when=20 Julius Caesar, as dictator, sat for the trial of Ligarius, the ancient=20 constitution of the republic was in fact destroyed, and the criminal = tribunals,=20 which had existed in more or less vigor and purity until then, existed = no longer=20 but in name. Under Augustus, the concentration of the triple power of = the=20 consuls, pro-consuls and tribunes, in his person transferred to him as = of=20 course, all judicial powers and authorities.

QUAESTOR. The name of a magistrate of ancient Rome.

QUAKERS. A sect of Christians.

2. Formerly they were much persecuted on account of their peaceable=20 principles which forbade them to bear arms, and they were denied many = rights=20 because they refused to make corporal oath. They are relieved in a great = degree=20 from the consequent penalties for refusing to bear arms; and their = affirmations=20 are everywhere in the United States, as is believed, taken instead of = their=20 oaths.

QUALIFICATION. Having the requisite qualities for a thing; as, = to be=20 president of the United States, the candidate must possess certain=20 qualifications. See President of the United States.

QUALIFIED. This term is frequently used in law. A man hag a = qualified=20 property in animals ferae naturae, while they remain in his power, but, = as soon=20 as they regain their liberty, his property in them is lost. A man has a=20 qualified right to recover property of which he is not the owner, but = which was=20 unlawfully taken out of his possession. But this right may be defeated = by the=20 owner bring a suit or claiming the property. Vide Animals; Trover.

QUALIFIED FEE, estates. One which has a qualification = subjoined to it,=20 and which must be determined whenever the qualification annexed to it is = at an=20 end. A Iimitation to a man and his heirs on the part of his father, = affords an=20 example of this species of estate. Litt. 254; 2 Bouv. Inst. n. 1695.

QUALIFIED INDORSEMENT. A transfer of a bill of exchange or = promissory=20 note to an indorsee, without any liability to the indorser; the words = usually=20 employed for this purpose, are sans recours, without recourse. 1 Bouv. = Inst. n.=20 1138,

QUALITY, persons. The state or condition of a person.

2. Two contrary qualities cannot be in the same person at the same = time. Dig.=20 41, 10, 4.

3. Every one is presumed to know the quality of the person with whom = he is=20 contracting.

4. In the United States, the people happily are all upon an equality = in their=20 civil and political rights.

QUALITY, pleading. That which distinguishes one thing from = another of=20 the same kind.

2. It is in general necessary, when the declaration alleges an injury = to the=20 goods and chattels, or any contract relating to them, that the quality = should be=20 stated and it is also essential, in an action for the recovery of real = estate,=20 that its quality should be shown; as, whether it consists of houses, = lands, or=20 other hereditaments, whether the lands are meadow, pasture or arable, = &c.=20 The same rule requires that, in an action for an injury to real = property, the=20 quality should be shown. Steph. Pl. 214, 215. Vide, as to the various = qualities,=20 Ayl. Pand. [60.]

QUAMDIU SE BENE GESSERIT. As long as he shall behave himself = well. A=20 clause inserted in commissions, when such instruments were written in = Latin, to=20 signify the tenure by which the officer held his office.

QUANDO ACCIDERENT, pleading, practice. When they may happen. = When a=20 de-fendant, executor, or administrator pleads plene administravit, the = plaintiff=20 may pray to have judgment of assets quando acciderint. Bull. N. P. 169; = Bac. Ab.=20 Executor, M.

2. By taking a judgment in this form the plaintiff admits that the = defendant=20 has fully administered to that time. 1 Pet. C. C. R. 442, n. Vide 11 = Vin. Ab.=20 379; Com. Dig. Pleader, 2 D 9.

QUANTI MINORIS. The name of a particular action in Louisiana. = An=20 action quanti minoris is one brought for the reduction of the price of a = thing=20 sold, in consequence of defects in the thing which is the object of the=20 sale.

2. Such action must be commenced within twelve months from the date = of the=20 sale, or from the time within which the defect became known to the = purchaser. 3=20 Mart. N. S. 287 11 Mart. Lo. R. 11.

QUANTITY, pleading. That which is susceptible of measure.

2. It is a general rule that, when the declaration alleges an injury = to goods=20 and chattels, or any contract relating to them, their quantity should be = stated.=20 Gould on Pl. c. 4, 35. And in actions for the recovery of real estate, = the=20 quantity of the land should be specified. Bract. 431, a; 11 Co. 25 b, 55 = a;=20 Doct. Pl. 85, 86; 1 East, R. 441; 8 East, R. 357; 13 East, R. 102; = Steph. Pl.=20 314, 315.

QUANTUM DAMNIFICATUS, equity practice. An issue directed by a = court of=20 equity to be tried in a court of law, to ascertain by a trial before a = jury, the=20 amount of damages suffered by the non-performance of some collateral = undertaking=20 which a penalty has been given to secure. When such damages have thus = been=20 ascertained the court will grant relief upon their payment. Jer. on Jur. = 477; 4=20 Bouv. Inst. n. 3913.

QUANTUM MERUIT, pleading. As much as he has deserved. When a = person=20 employs another to do work for him, without any agreement as to his=20 compensation, the lawimplies a promise from, the employer to the workman = that he=20 will pay him for his services, as much as be may deserve or merit. In = such case=20 the plaintiff may suggest in his declaration that the defendant promised = to pay=20 him as much as he reasonably deserved, and then aver that his trouble = was worth=20 sucli a sum of money, which the defendant has omitted to pay. This is = called an=20 assumpsit on a quantum meruit. 2 Bl. Com. 162, 3 1 Vin. Ab. 346; 2 Phil. = Ev.=20 82.

2. When there is an express contract for a stipulated amount and mode = of=20 compensation for services, the plaintiff cannot abandon the contract and = resort=20 to an action for a quantum meruit on an implied assumpsit. 18 John. R. = 169; 14=20 John. R. 326; 10 Serg. & Rawle, 236. Sed vide 7 Cranch, 299; Stark. = R. 277;=20 S., C. Holt's N. P. 236; 10 John. Rep. 36; 12 John. R. 374; 13 John. R. = 56, 94,=20 359; 14 John. R. 326; 5 M. & W. 114; 4 C. & P. 93; 4 Sc. N. S. = 374; 4=20 Taunt. 475; 1 Ad. & E. 333; Addis. on Contr. 214.

QUANTUM VALEBAT, pleading. As much as it was worth. When goods = are=20 sold, without specifying any price, the law implies a promise from the = buyer to=20 the seller that he will pay him for them as much as they were worth.

2. The plaintiff may, in such case, suggest in this declaration that = the=20 defendant promised to pay him as much as the said goods were worth, and = then=20 aver that they were worth so much, which the defendant has refused to = pay. Vide=20 the authorities cited under the article Quantum meruit.

QUARANTINE, commerce, crim. law. The space of forty days, or a = less=20 quantity of time, during which the crew of a ship or vessel coming from = a port=20 or place infected or supposed to be infected with discase, are required = to=20 remain on board after their arrival, before they can be permitted to = land.

2. The object of the quarantine is to ascertain whether the crew are = infected=20 or not.

3. To break the quarantine without legal authority is a misdemeanor. = 1 Russ.=20 on Cr. 133.

4. In cases of insurance of ships, the insurer is responsible when = the=20 insurance extends to her being moored in port 24 hours in safety, = although she=20 may have arrived, if before the 24 hours are expired she is ordered to = perform=20 quarantine, if any accident contemplated by the policy occur 1 Marsh. on = Ins.=20 264.

QUARANTINE, inheritances, rights. The space of forty days = during which=20 a widow has a right to remain in her late hushand's principal mansion,=20 immediately after his death. The right of the widow is also called her=20 quarantine.

2. In some, perhaps all the states of the United States, provision = has been=20 expressly made by statute securing to the widow this right for a greater = or=20 lesser space of time in Massachusetts, Mass. Rev. St. 411, and New York, = 4 Kent,=20 Com. 62, the widow is entitled to the mansion house for forty days. In = Ohio, for=20 one year, Walk. Intr. 231, 324. In Alabama, Indiana, Illinois, Kentucky, = Missouri, New Jersey, Rhode Island and Virginia, she may occupy till = dower is=20 assigned; in Indiana, Illinois, Kentucky, Missouri, New Jersey and = Virginia, she=20 may also occupy the plantation or messuage. In Pennsylvania the statute = of 9=20 Hen. III., c. 7, is in force, Rob. Dig. 176, by which it is declared = that "a=20 widow shall tarry in the chief house of her hushand forty days after his = death,=20 within which, her dower shall be assigned her." In Massachusetts the = widow is=20 entitled to support for forty days in North Carolina for one year.

3. Quarantine is a personal right, forfeited by implication of law, = by a=20 second marriage. Co. Litt. 82. See Ind. Rev. L. 209; 1 Virg. Rev. C. = 170,; Ala.=20 L. 260; Misso. St. 229; Ill. Rev. L. 237; N. J. Rev. C. 397 1 Ken. Rev. = L. 573.=20 See Bac. Ab. Dower, B; Co. Litt. 32, b; Id, 34, b 2 Inst. 16, 17.

QUARE, pleadings. Wherefore. This word is sometimes used in = the writ=20 in certain actions, but is inadmissible in a material averment in the = pleadings,=20 for it is merely interrogatory and, therefore, when a declaration began = with=20 complaining of the defendant, "wherefore with force, &c. he broke = and=20 entered" the plaintiff's close, was considered ill. Bac. Ab. Pleas, B 5, = 4;=20 Gould on Pl. c. 3, 34.

QUARE CLAUSUM FREGIT. Wherefore he broke the close. In actions = of=20 trespass to real estate the defendant is charged with breaking the close = of the=20 plain-tiff. Formerly the original writ in such a case was a writ of = trespass=20 quare clausum fregit, now the charge of breaking the close is laid in = the=20 declaration. See Close; Trespass.

QUARE EJECIT INFRA TERMINUM. Wherefore did he eject within the = term.=20 The name of a writ which lies for a 1essee, who has been turned out of = his farm=20 before the expiration of his term or lease, Against the feoffee of the = land, or=20 the lessor who ejects him. This has given way to the action of = ejectment. 3 Bl.=20 Com. 207.

QUARE IMPEDIT, Eng. eccl. law. The name of a writ directed by = the king=20 to the sheriff, by which he is required to command certain persons by = name to=20 permit him, the king, to present a fit person to a certain church, which = is=20 void, and which belongs to his gift, and of which the said defendants = hinder the=20 king, as it is said, and unless, &c. then to summon, &c. the = defendants=20 so that they be and appear, &c. F. N. B. 74.

QUARE OBSTRUXIT. The name of a writ formerly used in favor of = one who=20 having a right to pass through his neighbor's grounds, was prevented = enjoying=20 such right, because the owner of the grounds had obstructed the way. T. = L.

QUARREL. A dispute; a difference. In law, particularly in = releases,=20 which are taken most Bly against the releasor, when a man releases all = quarrels=20 he is said to release all actions, real and personal. 8 Co. 153.

QUARRY. A place whence stones are dug for the purpose of being = employed in building, making roads, and the like.

2. When a farm is let with an open quarry, the tenant may, when not=20 restrained by his contract, take out the stone, but he has no right to = open new=20 quarries. Vide Mines. Waste.

QUART, measures. A quart is a liquid measure containing = one-fourth=20 part of a gallon.

QUARTER. A measure of length, equal to four inches. Vide = Measure.

To QUARTER. A barbarous punishment formerly inflicted on = criminals by=20 tearing them to pieces by means of four horses, one attached to each = limb.

QUARTER DAY. One of the four days of the year on which rent = payable=20 quarterly becomes due.

QUARTER DOLLAR, money. A silver coin of the United States of = the value=20 of twenty-five cents.

2. It weighs one hundred and threee and one-eighth grains. Of one = thousand=20 parts, nine hundred are of pure silver and one hundred of alloy. Act of = January=20 18, 1837, s. 8 and 9, 4 Sharsw. L. U. S. 2523, 4. Vide Money.

QUARTER EAGLE, money. A gold coin of the United States of the = value of=20 two dollars and a half.

2. It weighs sixty-four and one-half grains. Of one thousapd parts, = nine=20 hundred are of pure gold, and one hundred of alloy. Act of January, 18, = 1837, S.=20 8 and 10, 4 Sharsw. cont. of Story's L. U. S. 2523, 4. Vide Money.

QUARTER SEAL. The seal kept by the director of the chancery in = Scotland is so called. It is in the shape and impression of the fourth = part of=20 the great seal. Bell's Scotch Law Diet. h. t.

QUARTER SESSIONS.A court bearing this name, mostly invested = with the=20 trial of criminals. It takes its name from sitting quarterly or once in = three=20 months.

2. The English courts of quarter sessions were erected during the = reign of=20 Edward III. Vide Stat. 36 Edward III. Crabb's Eng. L. 278.

QUARTER YEAR. In the computation of time, a quarter year = consists of=20 ninety-one days. Co. Litt. 135 b; 2 Roll. Ab. 521, l. 40; Rev. Stat. of = N. Y.=20 part 1, c. 19, t. 1, 3.

QUARTERING OF SOLDIERS. The constitution of the United States, = Amendm.=20 art. 3, provides that "no soldier shall in time of peace be quartered, = in any=20 house, without the consent of the owner, nor in time of war but in a = manner to=20 be prescribed by law." By quartering is understood boarding and lodging = or=20 either. Encycl. Amer. h. t.

QUARTEROON. One who has had one of his grand parents of the = black or=20 African race.

QUARTO DIE POST. The fourth day inclusive after the return day = of the=20 writ is so called. This is the day of appearance given ex gracia = curiae.

TO QUASH, practice. To overthrow or annul.

2. When proceedings are clearly irregular and void the courts will = quash=20 them, both in civil and criminal cases: for example, when the array is = clearly=20 irregular, as if the jurors have been selected by persons not authorized = by law,=20 it will be quashed. 3 Bouv. Inst. n. 3342.

3. In criminal cases, when an indictment is so defective that no = judgment can=20 be given upon it, should the defendant be convicted, the court, upon=20 application, will in general quash it; as if it have no jurisdiction of = the=20 offence charged, or when the matter charged is not indictable. 1 Burr. = 516, 548;=20 Andr. 226. When the application to quash is made on the part of the = defendant,=20 the court generally refuses to quash the indictment when it appears some = enormous crime has been committed. Com. Dig. Indictment, H; Wils. 325; 1 = Salk.=20 372; 3 T. R. 621; 6 Mod. 42; 3 Burr. 1841; 5 Mod. 13; Bac. Abr. = Indictment, K.=20 When the application is made on the part of the prosecution, the = indictment will=20 be quashed whenever it is defective so that the defendant cannot be = convicted,=20 and the prosecution appears to be bona fide. If the prosecution be = instituted by=20 the attorney general, he may, in some states, enter a nolle prosequi, = which has=20 the same effect. 1 Dougl. 239, 240. The application should be made = before plea=20 pleaded; Leach, 11; 4 St. Tr. 232; 1 Hale, 35; Fost. 231; and before the = defendant's recognizance has been forfeited. 1 Salk. 380. Vide Cassetur=20 Breve.

QUASI. A Latin word in frequent use in the civil law = signifying as if,=20 almost. It marks the resemblance, and supposes a little difference = between two=20 objects. Dig. b. 11, t. 7, 1. 8, 1. Civilians use the expressions=20 quasi-contractus, quasi-delictum, quasi-possessio quasi-traditio, = &c.

QUASI-AFINITY. A term used in the civil law to designate the = affinity=20 which exists between two persons, one of whom has been betrothed to the = kindred=20 of the other, but who have never been married. For example, my brother = is=20 betrothed to Maria, and, afterwards, before marriage he dies, there then = exists=20 between Maria and me a quasi-affinity.

2. The history of England furnishes an example of this kind. = Catherine of=20 Arragon was betrothed to the brother of Henry VIII. Afterwards Henry = married her=20 and, under the pretence of this quasi affinity, he repudiated her, = because the=20 marriage was incestuous.

QUASI-CONTRACTUS. A term used in the civil law. A = quasi-contract is=20 the act of a person, permitted by law, by which he obligates himself = towards=20 another, or by which another binds himself to him, without any agreement = between=20 them.

2. By article 2272 of the Civil Code of Louisiana, which is = translated from=20 article 1371 of the Code Civil, quasi-contracts are defined to be "the = lawful=20 and purely voluntary acts of a man, from which there results any = obligation=20 whatever to a third person, and sometime a reciprocal obligation between = the=20 parties." In contracts, it is the consent of the contracting parties = which=20 produces the obligation; in quasi-contracts no consent is required, and = the=20 obligation arises from the law or natural equity, on the facts of the = case.=20 These acts are called quasi-contracts, because, without being contracts, = they=20 bind the parties as contracts do.

3. Quasi-contracts may be multiplied almost to infinity. They are, = however,=20 divided into five classes: such "relate to the voluntary and spontaneous = management of the affairs of another, without authority; the = administration of=20 tutorship; the management of common property; the acquisition of an = inheritance;=20 and the payment of a sum of money or other thing by mistake, when = nothing was=20 due.

4. - 1. Negotiorum gestio. When a man undertakes of his own accord to = manage=20 the affairs of another, the person assuming the agency contracts the = tacit=20 engagement to continue it, an& complete it, until the owner shall be = in a=20 condition to attend to it himself. The obligation of such a person is, = 1st. To=20 act for the benefit of the absentee. 2d. He is commonly answerable for = the=20 slightest neglect. 3d. He is bound to render an account of his = management.=20 Equity obliges the proprietor, whose business has been well managed, = 1st. To=20 comply with the engagements contracted by the manager in his name. 2d. = To=20 indemnify the manager in all the engagements he has contracted. 3d. To = reimburse=20 him all useful and necessary expenses.

5. - 2. Tutorship or guardianship, is the second kind of = quasi-contracts,=20 there being no agreement between the tutor and minor.

6. - 3. When a person has the management of a common property owned = by=20 himself and others, not as partners, he is bound to account for the = profits, and=20 is entitled to be reimbursed for the expenses which he has sustained by = virtue=20 of the quasi-contract which is created by his act, called communio = bonorum.

7. - 4. The fourth class is the aditio herreditatis, by which the = heir is=20 bound to pay the legatees, who cannot be said to have any contract with = him or=20 with the deceased.

8. - 5. Indebiti solutio, or the payment to one of what is not due to = him, if=20 made through any mistake in fact, or even in law, entitles him who made = the=20 payment to an action against the receiver for repayment, condictio = indebiti.=20 This action does not lie, 1. If the sum paid was due ex equitate, or by = a=20 natural obligation. 2. If he who made the payment; knew that nothing was = due,=20 for qui consulto dat quod non, debebat, proesumitur donare.

9. Each of these quasi-contracts has an affinity with some contract; = thus the=20 management of the affairs of another without authority, and tutorship, = are=20 compared to a mandate; the community of property, to a partnership; the=20 acquisition of an inheritance, to a stipulation; and the payment of a = thing=20 which is not due, to a loan.

10. All persons, even infants and persons destitute of reason, who = are=20 consequently incapable of consent may be obliged by the quasi-contract, = which=20 results from the act of another, and may also oblige others in their = favor; for=20 it is not consent which forms these obligations; they are contracted by = the act=20 of another, without any act on our part. The use of reason is indeed = required in=20 the person whose act formsthe quasi-contract, but it is not re-quired in = the=20 person by whom or in whose favor the obligations which result from it = are=20 contracted. For instance, if a person undertakes the business of an = infant or a=20 lunatic; this is a quasi-contract, which obliges the infant or the = lunatic to=20 the person undertaking his affairs, for what he has beneficially = expended, and=20 reciprocally obliges the person to give an account of his administration = or=20 management.

11. There is no term in the common law which answers to that of=20 quasi-contract; many quasi-contracts may doubtless be classed among = implied=20 contracts; there is, however, a difference between them, which an = example will=20 make manifest. In case money should be paid by mistake to a minor, it = may be=20 recovered from him by the civil law, because his consent is not = necessary to a=20 quasi-contract but by the common law, if it can be recovered, it must be = upon an=20 agreement to which the law presumes he has consented, and it is = doubtful, upon=20 principle, whether such recovery could be had.

See generally, Just. Inst. b. 3, t. 28 Dig. b. 3, tit. 5; Ayl. Pand. = b. 4,=20 tit. 31 1 Bro. Civil Law, 386; Ersk. Pr. Laws of Scotl. b. 3, tit. 3, s. = 16;=20 Pardessus, Dr. Com. n. 192, et seq.; Poth. Ob. n. 113, et seq.; Merlin, = Rep.=20 Riot Quasi-contract; Menestrier, Lecons Elem. du Droit Civil Romain, = liv. 3,=20 tit. 28; Civil Code of Louisiana, b. 3, tit. 5; Code Civil, liv. 3, tit. = 4, c.=20 1.

QUASI CORPORATIONS. This term is applied to such bodies or = municipal=20 socie-ties, which, though not vested with the general powers of = corporations,=20 are yet recognized by statutes or immemorial usage, as persons or = aggregate=20 corporations, with precise duties which may be enforced, and privileges = which=20 may be maintained by suits at law. They may be considered qua = corporations, with=20 limited powers, coextensive with the duties imposed upon them by statute = or=20 usage; but restrained from a general use of the authority, which belongs = to=20 those metaphysical persons by the common law.

2. Among quasi corporations may be ranked towns, townships, parishes, = hundreds, and other political divisions of counties, which are = established=20 with-out an express charter of incorporation; commissioners of a county, = supervisors of highways, overseers of the poor, loan officers of a = county, and=20 the like, who are invested with corporate powers sub modo, and for a few = specified purposes only. But not such a body as the general assembly of = the=20 Preshyterian church, which has not the capacity to sue and be sued. 4 = Whart.=20 531. See 2 Kent Com. 224; Ang. on Corp. 16; 13 Mass. 192; 18 John. R. = 422; 1=20 Cowen, R. 258, and the note; 2 Wend. R. 109; 7 Mass. R. 187; 2 Pick. R. = 352; 9=20 Mass. Rep. 250; 1 Greenl. R. 363; 2 John. Ch. Rep. 325; 1 Cowen, 680; 4 = Wharton,=20 R. 531, 598.

QUASI DELICT, civil law. An act whereby a person, without = malice, but=20 by fault, negligence or imprudence not legally excusable, causes injury = to=20 another.

2. A quasi delict may be public or private; the neglect of the = affairs of a=20 community, when it is our duty to attend to them, may be a crime; the = neglect of=20 a private matter, under similar circumstances, may be the ground of a = civil=20 action. Bowy. Mod. C. L. c. 43, p. 265.

QUASI OFFENCES, torts, civil law. Those acts which, although = not=20 committed by the persons responsible for them, are by implication of law = supposed to have been committed by their command, by other persons for = whom they=20 are answerable. They are also injuries which have been caused by one = person to=20 another, without any intention to hurt them.

2. Of the first class of quasi offences are the injuries occasioned = by agents=20 or servants in the exercise of their employments. A master is, = therefore, liable=20 to be sued for injuries occasioned by the neglect or unskilfulness of = his=20 servant while in the course of his employment, though the act was = obviously=20 tortious and against the master's consent as, for fraud, deceit, or = other=20 wrongful act. 1 Salk . 280; Cro. Jac. 473; 1 Str. 653; Roll. Abr. 95, 1. = 15; 1=20 East, 106; 2 H. Bl. 442; 3 Wills. 313; 2 Bl. Rep. 845; 5 Binn. 54 0; sed = vide,=20 Com. Dig. tit. Action on the case for deceit, B. A master is liable for = a=20 servant's negligent driving of a carriage or navigating a ship; 1 East, = 105; or=20 for a libel inserted in a newspaper of which defendant was proprietor. 1 = B.=20 & P. 409. The master is also liable not only for the acts of those=20 immediately employed about him, but even for the acts of a sub-agent, = however=20 remote, if committed in the course of his service; 1 Bos. & P. 404; = 6 T. R.=20 411; and a corporate company are liable to be sued for the wrongful acts = of=20 their servants; 3 Camp. 403; when not, see 4 M. & S. 27.

3. But the wrongful or unlawful acts must be committed in the course = of the=20 servant's employmen, and while the servant is acting as such; therefore = a person=20 who hires a post chaise is not liable for the negligence of the driver, = but the=20 action must be against the driver or owner of the chaise and horses. 6 = Esp. Cas.=20 35; 4 Barn. & A. 409 sed vide 1 B. & P. 409.

4. A master is not in general liable for the criminal acts of his = servant=20 wilfully committed by him. 2 Str. 885. Neither is he liable his servant = wilfully=20 commit an injury to another as if a servant wilfully drive his master's = carriage=20 against another's, or ride or beat a distress damage feasant. 1 East. = 106; Rep.=20 T. Hard. 87; 3 Wils. 217; 1 Salk. 289; 2 Roll. Abr. 553; 4 B. & A. = 590. In=20 some cases, however, where it is the duty of the master to see that the = servant=20 acts correctly, he may be liable criminally for what the servant has = done; as=20 where a baker's servant introduced noxious materials in his bread. 3 M. = & S.=20 11; Ld. Raymond, 264; 4 Camp. 12. And on principles of public policy, a = sheriff=20 is liable civilly for the trespass, extortion, or other wilful = misconduct of his=20 bailiff. 2 T. Rep. 154; 3 Wils. 317; 8 T. R. 431.

5. In Louisiana, the father, or after his decease, the mother is = responsible=20 for the damages occasioned by their minor or unemancipated children, = residing=20 with them, or placed by them under the care of other persons, reserving = to them=20 recourse against those persons. Code art. 2297. The curators of insane = persons=20 are answerable for the damage occasioned by those under their care. Id. = 2298.=20 Masters and employers are answerable for the damage occasioned by their = servants=20 and overseers, in the exercise of the functions in which they are = employed;=20 teachers and artisans, for the damage caused by their scholars and = apprentices,=20 while under their superintendence. In the above cases responsibility = attaches,=20 when the masters or employers, teachers and artisans, might have = prevented the=20 act which caused the damage, and have not done it. Id. 299. The owner of = an=20 animal is answerable for the damage he has caused; but if the animal has = been=20 lost or strayed more than a day, he may discharge himself from this=20 responsibility, by abandoning him to the person who his sustained the = injury;=20 except where the master has turned loose a dangerous or noxious animal; = for then=20 he must pay all the harm done without being allowed to make the = abandonment. Id.=20 2301.

QUASI PARTNERS. Partners of lands, goods, or chattels, who are = not=20 actual partners, are sometimes so called. Poth. De Societe, App. n. 184. = Vide=20 Part owners.

QUASI POSTHUMOUS CHILD, civil law. One who, born during the = life of=20 his grand father, or other male ascendant, was not his heir at the time = he made=20 his testament, but who by the death of his father became his heir in his = lifetime. Inst. 2, 13, 2; Dig. 28, 3, 13.

QUASI PURCHASE. This term is used in the civil law to denote = that a=20 thing is to be considered as purchased from the presumed consent of the = owner of=20 the thing; as, if a man should consume a cheese, which is in his = possession and=20 belonging to another, with an intent to pay the price of it to the = owner, the=20 consent of the latter will be presumed, as the cheese would have been = spoiled by=20 keeping it longer. Wolff, Dr. de la Nat. 691.

QUASI TRADITION, civil law. A term used to designate that a = person is=20 in the use of the property of another, which the latter suffers and does = not=20 oppose. Lec. Elein. 396. It alsosignifies the act by which the right of = property=20 is ceded in a thing to a person who is in possession of it; as, if I = loan a boat=20 to Paul, and deliver it to him, and afterwards I sell him the boat, it = is not=20 requisite that he should deliver the boat to me, to be again delivered = to him=20 there is a quasi tradition or delivery.

QUATUORVIRI. Among the Romans these were magistrates who had = the care=20 and inspection of roads. Dig. 1, 2, 3, 30.

QUAY, estates. A wharf at which to load or land goods, = sometimes=20 spelled key.

2. In its enlarged sense the word quay, means the whole space between = the=20 first row of houses of a city, and the sea or river 5 L. R. 152, 215. So = much of=20 the quay as is requisite for the public use of loading and unloading = vessels, is=20 public property, and cannot be appropriated to private use, but the rest = may be,=20 private property. Id. 201.

QUE EST MESME. Which is th>=20

Transfer interrupted!

P> QUE ESTATE. These words = literally=20 translated signify quem statum, or which estate. At common law, it is a = plea by=20 which a man prescribes in himself and those whose estate he holds. 2 Bl. = Com.=20 270; 18 Vin. Ab. 133-140; 2 Tho. Co. Litt. 203; Co. Litt. 121 a; = Hardress, 459 2=20 Bouv. Inst. n. 499.

QUEAN. A worthless woman a strumpet. The meaning of this word, = which=20 is now seldom used, is said not to be well ascertained. 2 Roll. Ab. 296 = Bac. Ab.=20 Stander, U 3.

QUEEN. There are several kinds of queens in some countries. 1. = Queen=20 regnant, is a woman who possesses in her own right the executive power = of the=20 country.

2. Queen consort, is the wife of a king.

3. Queen dowager is the widow of a king. In the United States there = is no one=20 with this title.

QUERELA. An action preferred in any court of justice, in which = the=20 plaintiff was called querens or complainant, and his brief, complaint, = or=20 declaration, was called querela. Jacob's Diet. h. t.

QUESTION, punishment, crm. law. A means sometimes employed, in = some=20 countries, by means of torture, to compel supposed great criminals to = disclose=20 their accomplices, or to acknowledge their crimes.

2. This torture is called question, because, as the unfortunate = person=20 accused is made to suffer pain, he is asked questions as to his supposed = crime=20 or accomplices. The same as torture. This is unknown in the United = States. See=20 Poth. Procedure Criminelle, sect. 5, art. 2, 3.

QUESTION, evidence. An interrogation put to a witness, = requesting him=20 to declare the truth of certain facts as far as he knows them.

2. Questions are either general or leading. By a general question is = meant=20 such an one as requires the witness to state all be knows without any = suggestion=20 being made to him, as who gave the blow?

3. A leading question is one which leads the mind of the witness to = the=20 answer, or suggests it to him, as did A B give the blow?

4. The Romans called a question by which the fact or supposed fact = which the=20 interrogator expected, or wished to find asserted, in and by the answer = made to=20 the proposed respondent, a suggestive interrogation, as, is not your = name A B?=20 Vide Leading Question.

QUESTION, practice. A point on which the parties are not = agreed, and=20 which is submitted to the decision of a judge and jury.

2. When the doubt or difference arises as to what the law is on a = certain=20 state of facts, this is said to be a legal question, and when the party = demurs,=20 this is to be decided by the court; when it arises as to the truth or = falsehood=20 of facts, this is a question of fact, and is to be decided by the = jury.

QUESTOR or QUAESTOR, civil law. A name which was given to two = distinct=20 classes of Roman officers. One of which was called quaestores classici, = and the=20 other quaestores parricidii,

2. The quaestores classici were officers entrusted with the care of = the=20 public money. Their duties consisted in making the necessary payments = from the=20 aerarium, and receiving the public revenues. Of both, they had to keep = correct=20 accounts in their tabulae publicae. Demands which any one might have on = the=20 aerarium, and outstanding debts were likewise registered by them. Fines = to be=20 paid to the public treasury were registered and exacted by them. They = were=20 likewise to provide proper accomodations for foreign ambassadors and = such=20 persons as were connected with the republic by ties of public = hospitality.=20 Lastly, they were charged with the care of the burials and monuments of=20 distin-guished men, the expenses for which had been decreed by the = senate to be=20 paid, by the treasury. Their number at first was confined to two, but = this was=20 afterwards increased as the empire became, extended. There were questors = of=20 cities, provinces, and questors of the army, the latter were in fact=20 pay-masters.

3. The questores parricidii were public accusers, two in number, who=20 conducted the accusation of persons guilty of murder or any other = capital=20 offence, and carried the sentence into execution. They ceased to be = appointed at=20 an early period, Smith's Dic. Gr. and Rom. Antiq. h. v.

QUI TAM, remedies. Who as well. When a statute imposes a = penalty, for=20 the doing or not doing an act, and gives that penalty in part to = whosoever will=20 sue for the same, and the other part to the commonwealth, or some = charitable,=20 literary, or other institution, and makes it recoverable by action, such = actions=20 are called qui tam actions, the plaintiff describing himself as suing as = well=20 for the commonwealth, for example, as for himself. Espin. on Pen. Act. = 5, 6; 1=20 Vin. Ab. 197; 1 Salk. 129 n.; Bac. Ab. h. t.

QUIA, pleadings. Because. This word is considered a term of=20 affirmation. It is sufficiently direct and positive for introducing a = material=20 averment. 1 Saund. 117, n. 4; Com. Dig, Pleader, c. 77.

QUIA EMPTORES. A name sometimes given to the English Statute = of=20 Westminster, 3, 13 Edw. I., c. 1, from its initial words. 2 Bl. Com. = 91.

QUIA TIMET, remedies. Because he fears. According to Lord = Coke, "there=20 be six writs of law that may be maintained quia timet, before any = molestation,=20 distress, or impleading; as. 1. A man may have his writ or mesne, before = he be=20 distrained. 2. A warrantia chartae, before he be impleaded. 3. A = monstra-verunt,=20 before any distress or vexation. 4. An audita querela, before any = execution=20 sued. 5. A curia claudenda, before any default of inclosure. 6. A ne = injuste=20 vexes, before any distress or molestation. And those are called brevia=20 anticipantia, writs of prevention." Co. Litt. 100 and see 7 Bro. P. C. = 12 5.

2. These writs are generally obsolete. In chancery, when it is = contemplated=20 to prevent an expected injury, a bill quia timet (q. v.) is filed. Vide = 1 Fonb.=20 41; 18 Vin Ab. 141; 4 Bouv. Inst. n. 3801, et seq. Bill quia timet.

QUIBBLE. A slight difficulty raised without necessity or = propriety; a=20 cavil.

2. No justly eminent member of the bar will resort to a quibble in = his=20 argument. It is contrary to his oath, which is to be true to the court = as well=20 as to the client; and bad policy because by resorting to it, he will = lose his=20 character as a man of probity.

QUICK WITH CHILD, or QUICKENING, med. jurisp. The motion of = the=20 foetus, when felt by the mother, is called quickening, and the mother is = then=20 said to be quick with child. 1 Beck's Med. Jurisp. 172; 1 Russ. on Cr. = 553.

2. This happens at different periods of pregnancy in different women, = and in=20 different circumstances, but most usually about the fifteenth or = sixteenth week=20 after conception. 3 Camp. Rep. 97.

3. It is at this time that in law, life (q. v.) is said to commence. = By=20 statute, a distinction is made between a woman quick with child, and one = who,=20 though pregnant, is not so, when she is said to be privement enceinte. = (q. v.) 1=20 Bl. Com. 129.

4. Procuring the abortion (q. v.) of a woman quick with child, is a=20 misdemeanor when a woman is capitally convicted, if she be enceinte, it = is said=20 by Lord Hale, 2 P. C. 413, that unless they be quick with child, it is = no cause=20 for staying execution, but that if she be enceinte, and quick with = child, she=20 may allege that fact in retardationem executionis. The humanity of the = law of=20 the present day would scarcely sanction the execution of a woman whose = pregnancy=20 was undisputed, although she might not be quick with child; for = physiologists,=20 perhaps not without reason, think the child is a living being from the = moment of=20 conception. 1 Beck, Med. Jur. 291; Guy, Med. Jur. 86, 87.

QUID PRO QUO. This phrase signifies verbatim, what for what. = It is=20 applied to the consideration of a contract. See Co. Litt. 47, b; 7 Mann. = &=20 Gr. 998.

QUIDAM, French law. Some, one; somebody. This Latin word is = used to=20 express an unknown person, or one who cannot be named.

2. A quidam is usually described by the features of his face, the = color of=20 his hair, his height, his clothing, and the like in any process which = may be=20 issued against him. Merl. Repert. h. t.; Encyclopedie, h. t.

3. A warrant directing the officer to arrest the "associates" of = persons=20 named, without naming them, is void. 3 Munf. 458.

QUIET ENJOYMENT. In leases there are frequently covenants by = which the=20 lessor agrees that the lessee shall peaceably enjoy the premises leased; = this is=20 called a covenant for quiet enjoyment. This covenant goes to the = possession and=20 not to the title. 3 John. 471; 5 John. 120; 2 Dev. R. 388; 3 Dev. R. = 200. A=20 covenant for quiet enjoyment does not extend as far as a covenant of = warranty. 1=20 Aik. 233.

2. The covenant for quiet enjoyment is broken only by an entry, or = lawful=20 expulsion from, or some actual disturbance in, the possession. 3 John. = 471; 15=20 John. 483; 8 John. 198; 7 Wend. 281; 2 Hill, 105; 2 App. R. 251; 9 Metc. = 63; 4=20 Whart. 86; 4 Cowen, 340. But the tortious entry of the covenantor, = without=20 title, is a breach of the covenant for quiet enjoyment. 7 John. 376.

QUIETUS, Eng. law. A discharge; an acquittance.

2. It is an instrument by the clerk of the pipe, and auditors in the=20 exchequer, as proof of their acquittance or discharge to accountants. = Cow. Int.=20 h. t.

QUlNTAL. A weight of one hundred pounds

QUlNTO EXACTUS, Eng. law. The fifth call or last requisition = of a=20 defendant sued to outlawry.

QUIT CLAIM, conveyancing. By the laws of Connecticut, it is = the common=20 practice there for the owner of land to execute a quit claim deed to a = purchaser=20 who has neither possession nor pretence of claim, and as by the laws of = that=20 state the delivery of the deed amounts to the delivery of possession, = this=20 operates as a conveyance without warranty. It is, however, essential = that the=20 land should not, at the time of the conveyance, be in the possession of = a=20 stranger, holding adversely to the title of the grantor. l Swift's Dig. = 133; 2=20 N. H. R. 402; 1 Cowen, 613; and vide Release.

QUIT CLAIM, contracts. A release or acquittal of a man from = all claims=20 which the releasor has against him.

QUIT RENT. A rent paid by the tenant of the freehold, by which = he goes=20 quit and free; that is, discharged from any other rent. 2 Bl. Com. = 42.

2. In England, quit rents were rents reserved to the king or a = proprietor, on=20 an absolute grant of waste land, for which a price in gross was at first = paid,=20 and a mere nominal rent reserved as a feudal acknowledgment of tenure. = Inasmuch=20 as no rent of this description can exist in the United States, when a = quit rent=20 is spoken of, some other interest must be intended. 5 Call. R. 364. A = perpetual=20 rent reserved on a conveyance in fee simple, is sometimes known by the = name of=20 quit rent in Massachusetts. 1 Hill. Ab. 150. See Ground Rent; Rent.

QUO ANIMO. The intent; the mind with which a thing has been = done; as,=20 the quo animo with which the words were spoken may be shown by the proof = of=20 conversations of the defendant relating to the original defamation. 19 = Wend.=20 296.

JURE, WRIT OF, Engl. law. The name of a writ commanding the = defendant=20 to show by what right he demands common of pasture in the land of the=20 complainant, who claims to have a fee in the same. F. N. B. 299.

QUO MlNUS. The name of a writ. In England, when the king's = debtor is=20 sued in the court of the exchequer, he may sue out a writ of quo minus, = in which=20 he suggests that he is the king's debtor, and that the defendant has = done him=20 the injury or damage complained of, quo minus sufficiens existit, by = which he is=20 less able to pay the king's debt. This was originally requisite in order = to give=20 jurisdiction to the court of exchequer, but now this suggestion is a = mere form.=20 3 Bl. Com. 46.

QUO WARRANTO, remedies. By what authority or warrant. The name = of a=20 writ issued in the name of a government against any person or = corporation that=20 usurps any franchise or office, commanding the sheriff of the county to = summon=20 the defendant to be and appear before the court whence the writ issued, = at a=20 time and place therein named, to show "quo warranto" he claims the = franchise or=20 office mentioned in the writ. Old Nat. Br. 149; . 5 Wheat. 291; 15 Mass. = 125; 5=20 Ham. 358; 1 Miss. 115.

2. This writ has become obsolete, having given way to informations in = the=20 nature of a quo warranto at the common law; Ang. on Corp. 469; it is = authorized=20 in Pennsylvania by legislative sanction. Act 14 June, 1836. Vide 1 Vern. = 156;=20 Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.

3. An information in the nature of a quo warranto, although a = criminal=20 proceeding in form, in substance, is a civil one. 1 Serg. & Rawle, = 382.

QUOAD HOC. As to this; with respect to this. A term frequently = used to=20 signify, as to the thing named, the law is so and so.

QUOD COMPUTET. The name of an interlocutory judgment in an = action of=20 account render: also the name of a decree in the case of creditors' = bills=20 against executors or administrators. Such a decree directs the master to = take=20 the accounts between the deceased and all his creditors; to cause the = creditors,=20 upon due and public notice to come before him to prove their debts, at a = certain=20 place, and within a limited period; and also directs the master to take = an=20 account of all personal estate of the deceased in the hands of the = executor or=20 administrator. Story, Eq. Jur. SS 548. See Judgment quod computet.

QUOD CUM, pleading; It is a general rule in pleading, = regulating alike=20 every form of action, that the plaintiff shall state his complaint in = positive=20 and direct terms, and not by way of recital. "For that," is a positive=20 allegation; "for that whereas," in Latin "quod cum," is a recital

2. Matter of inducement may with propriety be stated with a quod cum, = by way=20 of recital; being but introductory to the breach of the promise, and the = supposed fraud or deceit in the defendant's non-performance of it. = Therefore,=20 where the plaintiff declared that whereas there was a communication and=20 agreement concerning a horse race, and whereas, in consideration that = the=20 plaintiff promised to perform his part of the agreement, the defendant = promised=20 to perform his part thereof; and then alleged the performance in the = usual way;=20 it was held that the inducement and promise were alleged certainly = enough, and=20 that the word "whereas" was as direct an affirmation as the word = "although,"=20 which undoubtedly makes a good averment; and it was observed that there = were two=20 precedents in the new book of entries, and seven in the old, where a = quod cum=20 was used in the very clause of the promise. Ernly v. Doddington, Hard. = 1. go,=20 where the plaintiff declared on a bill of exchange against the drawer, = and on=20 demurrer to the declaration, it was objected that it was with a quod = cum, which=20 was argumentative, and implied no direct averment; the objection was = over-ruled,=20 because assumpsit is an action on the case, although it might have been=20 otherwise in trespass vi et armis. March v. Southwell, 2 Show. 180. The = reason=20 of this distinction is, that in assumpsit or other action on the case, = the=20 statement of the gravamen, or grievance, always follows some previous = matter,=20 which is introduced by the quod cum, and is dependent or consequent upon = it; and=20 the quod cum only refers to that introductory matter, which leads on to = the=20 subsequent statement, which statement is positively and directly = alleged. For=20 example, the breach in an action of assumpsit is always preceded by the=20 allegation of the consideration or promise, or some inducement thereto, = which=20 leads onto the breach of it, which is stated positively and directly; = and the=20 previous allegations only, which introduce it, are stated with a quod = cum, by=20 way of recital.

3. But in trespass vi et armis, the act of trespass complained of is = usually=20 stated without any introductory matter having reference to it, or to = which a=20 quod cum can be referred; so that if a quod cum be used, there is no = positive or=20 direct allegation of that act. Sherland v. Heat 214. After verdict the = quod cum=20 may be considered as surplusage, the defect being cured by the verdict. = Horton=20 v. Mink, 1 Browne's R. 68; Com. Dig. Pleader, C 86.

QUOD EI DEFORCEAT, Engl. law. The name of a writ given by = Stat.=20 Westmin. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as = for life,=20 in dower, by the curtesy, or in fee tail, who are barred of the right of = possession by a recovery had against them through their default or=20 non-appearance in a possessory action; by which the right was restored = to him,=20 who had been thus unwarily deforced by his own default. 3 Bl. Com. = 193.

QUOD PERMITTAT, Engl. law. That he permit. The name of a writ = which=20 lies for the heir of him who is disseised of his common of pasture, = against the=20 heir of the disseisor, he being dead. Termes de la Ley.

QUOD PERMITTAT PROSTERNERE, Engl. law. That he give leave to = demolish.=20 The name of a writ which commands the defendant to permit the plaintiff = to abate=20 the nuisance of which complaint is made, or otherwise to appear in court = and to=20 show cause why he will not. On proof of the facts the plaintiff is = entitled to=20 have judgment to abate the nuisance and to recover damages. This = proceeding, on=20 account of its tediousness and expense, has given way to a special = action on the=20 case.

QUOD PROSTRAVIT. The name of a judgment upon an indictment for = a=20 nuisance, that the defendant abate such nuisance.

QUOD RECUPERET. That he recover. The form of a judgment that = the=20 plaintiff do recover. See Judgment quod recuperet.

QUORUM. Used substantively, quorum signifies the number of = persons=20 belonging to a legislative assembly, a corporation, society, or other = body,=20 required to transact business; there is a difference between an act done = by a=20 definite number of persons, and one performed by an indefinite number: = in the=20 first case a majority is required to constitute a quorum, unless the law = expressly directs that another number may make one; in the latter case = any=20 number who may be present may act, the majority of those present having, = as in=20 other cases, the right to act. 7 Cowen, 402; 9 B. & C. 648; Ang. on = Corp.=20 28.1.

2. Sometimes the law requires a greater number than a bare majority = to form a=20 quorum, in such case no quorum is present until such a number = convene.

3. When an authority is confided to several persons for a private = purpose,=20 all must join in the act, unless otherwise authorized. 6 John. R. 38. = Vide=20 Authority, Majority; Plurality.

QUOT, Scotch law. The twentieth part of the movables, computed = without=20 computation of debts, was so called.

2. Formerly the bishop was entitled, in all confirmations, to the = quot of the=20 testament. Ersk. Prin. B. 3, t. 9, n. 11.

QUOTA. That part which each one is to bear of some expense; = as, his=20 quota of this debt; that is, his proportion of such debt.

QUOTATION, practice. The allegation of some authority or case, = or=20 passage of some law, in support of a position which it is desired to=20 establish.

2. Quotations when properly made, assist the reader, but when = misplaced, they=20 are inconvenient. As to the manner of quoting or citing authorities, see = Abbreviations; Citations.

QUOTATION, rights. The transcript of a part of a book or = writing from=20 a book or paper into another.

2. If the quotation is fair, aud not so extensive as to extract the = whole=20 value or the most valuable part of an author, it will not be a violation = of the=20 copyright. It is mostly difficult to define what is a fair quotation. = When the=20 quotation is unfair, an injunction will lie to restrain the publication. = See 17=20 Ves. 424; 1 Bell's Com. 121, 5th ed.

3. "That part of a work of one author found in another," observed = Lord=20 Ellenborough, "is not of itself piracy, or sufficient to support an = action; a=20 man may adopt part of the work of another; he may so make use = ofanother's labors=20 for the promotion of science, and the benefit of the public." 5 Esp. N. = P. C.=20 170; 1 Campb. 94. See Curt. on Copyr. 242; 3 Myl. & Cr. 737, 738; 17 = Ves.=20 422; 1 Campb. 94; 2 Story, R. 100; 2 Beav. 6, 7; Abridgment; = Copyright.

QUOUSQUE. A Latin adverb, which signifies how long, how far,=20 until.

2. In old conveyances it is used as a word of limitation. 10 Co. = 41.

3. In practice it is the name of an execution which is to have force = until=20 the defendant shall do a certain thing. Of this kind is the capias ad=20 satisfaciendum, by virtue of which the body of the defendant is taken = into=20 execution, and he is imprisoned until be shall satisfy the execution. 3 = Bouv.=20 Inst. n. 3371.

Index

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