Category: Q

Lat. In old English practice. A writ which lay where an inquisition had been made by an escheator iu any county of such lands or tenements as any man died seised of, and all that was in his possession was imagined not to be found by the office; the writ commanding the escheator to inquire what more (quw plura) lands and tenements the party held on the day when he died, etc. Fitzh. Nat. Brev. 255a; Cowell. Quae praeter consuetudinem et morem majorum fiunt neque placent neqne recta videntnr. Things which are done contrary to the custom of our ancestors neither please nor appear right 4 Coke, 78. Quae propter necessitatem recepta sunt, non debent in argumentum trabi. Things which are admitted on the ground of necessity ought not to be drawn into ques- tion. Dig. 50, 17, 162. Quae rerum natura probibentur nulla lege conflrmata sunt. Things which are forbidden by the nature of things are [cat be] confirmed by no law. Branch, Princ Positive laws are framed after the laws ol nature and reason. Finch, Law, 74. Quae singula non prosunt, jnncta juvant. Things which taken singly are of no avail afford help when taken together. Tray. Lat. Max. 486. Quae sunt minoris cttlpae sunt majoris infamiae. [Offenses] which are of a lower grade of guilt are of a higher degree of infamy. Co. Litt. 66. QIL2ECUNQUE INTRA RATIONEM 972

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 It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse. 3 Bl. Comm. 262. In England, aud quite generally throughout the United States, this writ has given place to an “Information in the nature of a quo warranto,” which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a coriiorate or other franchise, or to a public or corporate office. See Ames v. Kansas, 111 U. S. 440, 4 Sup. Ct. 437. 2S L. Ed. 482; People v. Londoner, 13 Colo. 303, 22 Pac. 764. 6 L. R. A. 444; State v. Owens, 63 Tex. 270; State v. Gleason, 12 Fla. 190; State v. Kearn, 17 R. I. 391, 22 Atl. 1018.

Lat As to this; with respect to this; so far as this in particular is concerned. A prohibition quoad hoc is a prohibition as to certain things among others. Thus, where a party was complained against in the ecclesiastical court for matters cognizable in the temporal courts, a prohibition quoad these matters issued, i. e., as to such matters the party was prohibited from prosecuting his suit in the ecclesiastical court Brown.

Lat. As to sacred things; for religious purposes. Quocumque modo velit; quocumque modo possit. In any way he wishes; In any way he can. Clason v. Bailey, 14 Johns. (N. Y.) 484, 492. Quod a quoque pcenae nomine exactum est id eidem restituere nemo cogitnr. That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46. Quod ab initio non valet in tractn temporis non convalescet. That which is bad in its commencement improves not by lapse of time. Broom, Max. 178; 4 Coke, 2. Quod ad jus naturale attinet omnes homines a;quales sunt. All men are equal as far as the natural law Is concerned. Dig. 50, 17, 32. Quod aedificatur in area legata cedit legato. Whatever is built on ground given by will goes to the legatee. Broom, Max. 424. QUOD ALIAS BONUM 9S4

That the bill be quashed. The common-law form of -a judgment sustaining a plea in abatement, where the proceeding is by bill, i. e., by a capias instead of by original writ

A writ to exempt a clerk of the clmucery from the coutributiou towards the proctors of the clergy iu parlia- meut etc. lteg. Orig. 261.

etc. A writ which lay for a clerk, who, by reason of some land he had, was made, or was about to be made, bailiff, beadle, reeve, or some such ofiicer, to obtain exemption from serving the otlice. Beg. Orig. 187.

That he account Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also iu the case of cred- itors’ bills against au executor or administrator,) directing that accounts be takeu before a master or auditor. Quod constat clare non debet verifl- cari. What is clearly apparent need not be proved. 10 Mod. 150. Quod constat curiae opere testium non indigct. That which appears to the court needs not the aid of witnesses. 2 Inst 662. Qnod contra legem fit pro infecto habetur. That which is done against law is re- garded as not done at all. 4 Coke, 31a. Quod contra rationem juris receptum est, non est producendum ad consequen- tias. That which has been received against the reason of the law is not to be drawn into a precedent. Dig. 1, 3, 14.

Certain established rents of the freeholders aud ancient copyholders of manors are denominated “quitrents,” because thereby the tenant goes quit aud free of all other services. 3 Cruise. Dig. 314.

In pleading. For that whereas. A form of introducing matter of inducement in certain actions, as assumpsit aud case. Quod datum est ecclesise, datum est Deo. 2 Inst. 2. What is given to the church is given to God. Quod demonstrandi causa additur rei satis, demonstratn;, frustra fit. 10 Coke, 113. What is added to a tiling suflicieutly palpable, for the purpose of demonstration, is vain. Quod dubitas, ne fcceris. What you doubt of, do not do. In a case of moment especially in cases of life, it is safest to hold that in practice which hath least doubt and danger. 1 llale, P. C. 300.