Category: Q

Qnod !n jure scripto “jus” appcllatur, id ill lege Anglise “rectum” esse dicitur. What in the civil law is called “jus,” in the law of England is said to be “rcctum,” (right) Co. Litt. 200; Fleta, 1. 0, c. 1,

An agreement where an insurer agrees to absorb loss at a percent rather than a specified cash amount. Refer to surplus share.

That the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 079.

That partition be made. The name of the judgment in a suit for partition, directing that a partition be effected. Quod pendet non eat pro eo quaai ait. What is in suspense is considered as not existing during such suspense. Dig. 50, 17, 109, 1. Quod per me non possum, nec per alium. What I cannot do by myself, I cannot by another. 4 Coke, 246; 11 Coke, 87 a. Quod per recordum probatum, non debet esse negatum. What is proved by record ought uot to be deuied.

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.

That he permit to abate. In old practice. A writ, in the nature of a writ of right, which lay to abate a nuisance. 3 Bl. Comm. 221. And see Conhocton Stone Road v. Ruft’alo, etc., R. Co., 51 N. Y. 579, 10 Am. Rep. 046; Powell v. Furniture Co., 34 W. Va. 804, 12 S. E. 1085, 12 L. It. A. 53; Miller v. True- hart, 4 Leigh (Va.) 577.

A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat Brev. 175. Obsolete. Quod populus postremum jussit, id jus , ratum esto. What the people have last enacted, let that be the established law. A law of the Twelve Tables, the principle of which is still recognized. 1 Bl. Comm. 89. Quod primum est intentione ultimum est in operatione. That which is first in intention is last in operation. Bac. Max. Quod principi placuit legis babet vigo- rem. That which has pleased the prince has the force of law. The emperor’s pleasure has the force of law. Dig. 1, 4, 1; Inst 1, 2, 6. A celebrated maxim of imperial law. Quod prius est verius est; et quod priua est tempore potius est jure. Co. Litt. 347. What is first is true; and what is first in time is better in law. Quod pro minore licitum est et pro majore licitum est. 8 Coke, 43. That which is lawful as to the minor is lawful as to the major.

That he do abate. The name of a judgment upou au indictment for a nuisance, that the defendant abate such nuisance. Quod pure debetur preesenti die debe- tur. That which is due unconditionally is due now. Tray. Leg. Max. 519. Qnod qnis ex culpa sua damnum sen- tit non intelligitur damnum sentire. The damage which one experiences from his own fault is not considered as his damage. Dig. 50, 17, 203. Quod quis sciens indebitum debit bac mente, ut postea repeteret, repetere non potest. That which one has given, knowing it not to be due, with the intention of re- demanding it, he cannot recover back. Dig 12, 0, 50. Quod quisquis norit in hoc sc exerceat. Let every one employ himself in what he knows. 11 Coke. 10.

That he recover The ordinary form of judgments for the plaintiff in actions at law. 1 Archb. Pr. K. B. 225; 1 Burrill, Pr. 240. Quod remedio destituitur ipsa re valet si culpa absit. That which is without remedy avails of itself, if there be no fault in the party seeking to enforce it Broom, Max. 212. Quod semel aut bis existit praeterunt legislatores. Legislators pass over what happens [only] once or twice. Dig. 1, 3, 6; Broom, Max. 46. Qnod semel menu est amplius meum esse non potest. Co. Litt. 496. What Is once mine cannot be more fully mine. Qnod semel placnit in electione, amplius displicere non potest. Co. Litt 146. What a party has once determined, in a case where he has an election, cannot afterwards be disavowed.

Lat. Which [does or requires] nothing in vain. Which requires nothing to be done, that is, to no purpose. 2 Kent, Comm. 53. Quae non fieri debent, facta valent. Things which ought not to be done are held valid when they have been done. Tray. Lat Max. 484. Qnae non valeant singula, juncta juvant. Things which do not avail when separate, when joined avail. 3 Bulst 132; Broom, Max. 588.