Q. B. Div
98; Sweet. (or Q. B. D.). Division, English Law Reports (1876-1890).
Terms beginning with "Q" (105 total)
QARAVAMEN
land grant. A grant by a public authority vesting title to public land in a private (natural) person. United Land Ass'n v. Knight, 85 grant from the public; a grant of a power, license, privilege, or property, from the s...
QU SUNT MINORIS CULPA ~
Qua legi communi deregant non sunt trahenda in exemplum. Things deroga-
QUA
Lat. Considered as; in the character or capacity of. For example, “the trustee qua trustee [that is, in his character as trustee] is not Hable,” etc.
QUA: ACCESSIONUM
QUADRANTATA TERRZ. In old English law. A measure of land, variously described as a quarter of an acre or the fourth part of a yard-land.
QUACUNQUE INTRA RATIONEM
Quecunque intra rationem legis inveniuntur intra legem ipsam esse judi- ' eantur. Things which are found within the reason of a law are supposed to be within the law itself. 2 Inst. 689.
QUACUNQUE VIA DATA
Lat. Whichever way you take it.
QUADRAGESIMA
Lat. The fortieth. The first Sunday in Lent is so called because it is about the fortieth day before Easter. Cowell.
QUADRANS
Lat. In Roman iaw. The fourth part; the quarter of any number, measure, or quantity. Hence an heir to the fourth part of the inheritance was called “heres ex quadrante.” Also a Roman coin, being the fourth part of an...
QUADRIENNIUM
Lat. In the civil law. The four-years course of study required to be pursued by law-students before they were qualified to study the Code or collection of imperial constitutiogs. See
QUADRUPLATORES
Lat. In Roman law. Informers who, if their information were followed by conviction, had the fourth part of the confiscated goods for their trouble.
QUADRUPLICATIO
Lat. In the civil 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; 8 BL Comm. 310. .
QUALE JUS
Lat. In old English law. A judicial writ, which lay where a man of religion had judgment to recover land be fore execution was made of the judgment. It went forth to the escheator between judgment and execution, to inqui...
QUALIFICATION
is the way to know what things are truly lawful. circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an office or to perform a public duty or function. Thus, ...
QUAM OCLERICUS MULOTATUR PRO
NON-RESIDENTIA. A writ prohibiting an ordinary to take a pecuniary mulct imposed on a clerk of the sovereign for nonresidence. Reg. Writ. 59.
QUAMDIU
Lat. As long as; ‘so long as. A word of limitation in old conveyances.
QUAMDIU SE BENE GESGERIT. As
long as he shall behave himself well; during good behavior; a clause frequent in letters patent or grants of certain offices, to secure them so long as the persons to whom they are granted shall not be guilty of abusing ...
QUANDO ACCIDERINT
Lat... When they shall come in. The name ofa judgment sometimes given against an executor, - especially on a plea of plene administrarit,
QUANDO ALIQUID MANDATUR
attribute or characteristic by which one thing. is distinguished from another.
QUANDO ALIQUID PROHIBETUR
everything by which it can be accomplished fs also commanded.
Quando ocharta
continet gencralem clausulam, posteaquc descendit ad verba specialia qus clausuls genorali sunt consentanca, interpretanda est charta secundum vworba specialia. When a deed
QUANDO VERBA STATUTI
Quando jus domini regis ct subditi concurrunt, jus regis preferri debet. 9 Coke, 129. When the right of king and of subject ‘concur, the king’s right should be preferred.
QUANTI MINORIS
of a statute are special, but the reason or object of it general, the statute is to be construed generally. 10 Coke, 1010. Lat. The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an ...
QUANTUM DAMNIFICATUS? How
much damnified? The name of an issue directed by a court of equity to be tried in a eourt of law, to ascertain the amount of compensation to be allowed for damage.
QUARE
Lat. Wherefore; for what reagon; on what account. Used in the Latin -form of several common-law writs.
QUARE EJEOCIT 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 his term, in cases where the wrong-doer or ejector was not himself in possession of t...
QUARE NON PERMITTIT. An an
cient writ, which lay for one who had a right to present to a church for a turn against the proprietary. Flieta, 1. 5, c 6
QUARE OBSTRUXIT
. QUARE CLAUSUM FREGIT. Lat. Wherefore he broke the close. That species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another’s land is termed
QUARENTENA TERRA
not enjoy his right because the owner had so obstructed it. Cowell.
QUARTO DIE POST
Lat. On the fourth day after. Appearance day, in the former English practice, the defendant being allowed four days, inclusive, from the return of the writ, to make his appearance. :
QUASI
coin of the United States, of the value of two and a half dollars.—Quarter of a year. Ninety-one days. Co. Litt. 1385}.—Quarter-sales. In New York law. A species of fine on alienation, being one-fourth of the purchas...
QUATUOR PEDIBUS CURRIT
Lat. It runs upon four feet; it runs upon all fours. See Axrzi-Fouss.
QUE EST LE MESME. IL
Fr. Which is the same. A term used in actions of trespass, ete. See Qua EsT EaDEM.
QUE ESTATE
L. Fr. Whose estate. A term used in pleading, particularly in claiming prescription, by which it is alleged that the plaintiff and those former owners whose estate he has have immemorially exercised the right claimed. Th...
Queb
L.R. Quebec Law Reports, two series, Queen’s Bench or Superior Court.
Queen Elizabeth (D. C.) 100 Fed
876.—EFree entry, ss, and regress. An expression rsed to denote that a person has the right to go on land again and again as often as may
Queens
L.R. Queensland Law Reports.
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.
QUERELA
Lat. An action preferred in any court of justice. The plaintiff was called “querens,’ or complainant and his brief, complaint, or declaration was called “querela.” Jacob.
QUERELA INOFFICIOSI
offer to the king of ten marks or upwards, in consideration of any grant or privilege conferred
QUERENS
cases, that the parent was not in his right mind. Calvin; 2 Kent, Comm. 327; Bell. Lat. A plaintiff; complainant; inquirer.
QUESTMAN, or QUESTMONGER. In
old English law. A starter of lawsuits, or prosecutions; also a person chosen to inquire into abuses, especially such as relate to weights and measures; also a church-warden.
QUESTORES PARRICIDII
Lat. In Roman law. Certain officers, two in number, who were deputed by the comiiia, as a kind of commission, to search out and try all cases of parricide and murder. bly appointed annually. Maine, Anc. Law, 870.
QUESTUS EST NOBIS
Lat. A writ of nuisance, which, by 15 Edw. I., lay against him to whom a house or other thing that caused a nuisance descended or was allenated; whereas, before that statute the action lay only against him who first levi...
Qui bene distinguit bene docet
2 Inst. 470. He who distinguishes well teaches well.
QUI DAT FINEM
Qui acquirit sibi acquirit hesredibus. He who acquires for himself acquires for his helrs. Tray. Lat. Max. 496.
QUI DESTRUIT MEDIUM
means to that end. Commonwealth v. Andrews, 3 Mass. 129.
QUI HABET CUSTODIAM TERRZ. Writ
for delivering an heir to him who has wardship of the land. A writ directed to the sheriff, to require one that had the body of him that was ward to another to deliver him to the person whose ward he was by reason of his...
QUI HABET CUSTODIUM TERRZ. An
ancient writ, directed to the sheriff, to require one that had the body of an heir, being in ward, to deliver him to the person whose ward he was by reason of his land.
Qui non habet potestatem
alienandi habet necessitatem retinendi. Hob. 336 He who has not the power of alienating is obliged to retain.