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. :
Category: Criminal Law
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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.
QUO MINUS
Lat. A writ upon which all proceedings in the court of exchequer were formerly grounded. In it the plaintiff suggests that he is the king’s debtor, and that ‘the defendant has done him the injury or damage complained of, quo minus suffictens ezis...
QUOD AZDIFICATUR IN AREA
QU0 WARRANTO. In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim, in order to determine the right. ...
QUZRENS NIHIL CAPIAT PER
BILLAM. The plaintiff shall take nothing by his bill. A form of judgment for the defendant. Latch, 133.
R. A. 764. The term “infamous”’—4é
e., without fame or good report—was applied at common law to certain crimes, upon the conviction of which a person became incompetent to testify as a witness, upon the theory that a person would not commit so heinous a crime unless he: was so depra...
R. I. 270, 38 Atl
656. An indtrect confession is one inferred from the conduct of the defendant. State v. Miller, 9 Houst. (Del.) 564, 32
RAPE
RAPE. In criminal law. The unlawful carnal knowledge of a woman by a man forcibly and against her will. Code Ga. § 4349; Gore v. State, 119 Ga. 418, 46 S. E. 671, 100 Am. St. Rep. 182; Maxey v. State, 66 Ark. 523, 52 S. W. 2; Croghan v. State, 22 Wi...
RAPINE
pillage; robbery. In the civil law, rapina fa defined as the forcible and violent taking of another man’s movable property with the criminal intent to appropriate it to the robber’s own use. A preetorian action lay for this offense, in which quad...
RAPUIT
Lat. In old English law. Ravished. <A technical word in old indictments. 2 East, 30.
Raymond, 2 Abb. Prac
(N. Y.) 196.—Express malice. Actual malice; malice in fact; a deliberate intention to commit an injury, evidenced by external circumstances. Sparf_v.
Reardon, 67 Kan
302, 72 Pac. 861, 100 Am. St. Rep. —Testatum execution. See TESTATUM.—General execution. A writ commanding an officer to satisfy a judgment out of any ‘personal property of the defendant. If authorizing him to levy only on certain specified pro...
REASONABLE
REASONABLE. Agreeable to reason; just; proper. Ordinary or usual. —Reasonable act. Such as may fairly, justly, and reasonably be required of a party.—Reasonable and probable cause. Such grounds as justify any one in suspecting another of a crime,...
REBUTTING EVIDENCE
the part of ‘the defendant. Steph. Pl. 50; 8 BL Comm. 310. ,
RECENS INSECUTIO 996
receiving any property with the knowledge that it has been feloniously or unlawfully stolen, taken, extorted, obtained, embezzled, or disposed of. Sweet.
RECORDATUR
to be called in question. Every court of record has authority to fine and imprison for contempt of its authority. 8 Broom & H. Comm. 21, 30. —Debts of record. Those which appear to be due by the evidence of a court of record} such as a judgment, re...
RECOVERY
it; and is now uniformly applied where a man brings an action for breach of a contract between him and the defendant; and where the latter can show that some stipulation in the same contract was made by the plaintiff, which he has violated, the defen...
Reg. Orig
88. See Pone. 158). 126. 129. The ancient civilians called it “elarigatio,” but by the moderns it Is termed “reprisalia.” 31. ; 176; Old Nat. Brev. 162.—Contra formam statuti. In criminal pleading. (Contrary to the form of the statute ...
RELEASE
‘ RELAXATION. In old Scotch practice. Letters passing the signet by which a debtor was relaxed [released] from the horn; that is, from personal diligence. Bell. 1. Liberation, discharge, or setting free from restraint or confinement. Thus, a man u...
REO ABSENTE
Lat. The defendant being absent; in the absence of the defendant.
REOTO DE ADVOOATIONE EC
OLESIZ. A writ which lay at common law, — where a man had right of advowson of a church, and, the parson dying, a stranger had presented. WHWitzh. Nat. Brev. 30.
Rep
157. 625; Wynegar y. State, 157 Ind. 577, 62 N. E. 38. 210. 337.—Agreed statement of facts. <A statement of facts, agreed on by .the parties as true and correct, to be submitted to a court for a ruling on the law of the case. United 836; In re ...
REPETUNDARUM CRIMEN. In Ro
man law. The crime of bribery or extortion in a magistrate, or person in any public office. Calvin. :
REPLICATIO
Lat. In the civil law and old English pleading. The plaintiff's answer to the defendant’s exception or plea; corresponding with and giving name to the replication in modern pleading. Inst. 4, 14, pr..
REPLIOARE
Lat. In the civil law and old English pleading. To reply; to answer a defendant’s plea.
REPORTS, THE
REPLICATION. In pleading. A reply’ made by the plaintiff in an action to the defendant’s plea, or in a suit in chancery to the defendant’s answer.
RESOYT
L. Fr. Resceit; receipt; the receiving or harboring a felon, after the commission of a crime. Britt. c. 23.
RESPONDERE NON DEBET
Lat. In pleading. The prayer of a plea where the defendant insists that he ought not to answer, as when he claims a privilege; for example, as being a member of congress or a foreign ambassador. 1 Chit. Pl. *433.
RESTITUTIONE EXTRACTI AB EO
GLESIA. A writ to restore a man to the ehurch, which he had recovered for his sanctuary, being suspected of felony. Reg.