Category: Q

An abbreviation of “acquittance ;” a release, (q. v.)

In English law. The name of a writ given by St. Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as lor life, iu dower, by the curtesy, or in fee-tail, who were barred of the right of possession by a recovery had against them through their default or nonappearance in a possessory action, by which the right was restored to him who had been thus uuwarily deforced by his owu default 3 Bl. Comm. 103. Qnod est ex necessitate nunqnam in- troducitur, nisi quando necessarium. 2 Itolle, 002. That which is of necessity is never introduced, uuless wheu necessary. Quod est inconveniens aut contra rationem non permissum est in lege. Co. Litt. 178a. That which is inconvenient or against reason is not permissible in law. Quod est necessarium est licitum. What is necessary is lawful. Jenk. Cent p. 70, case 45. Quod factum est, cum in obscuro sit, ex affectione cujusqne capit interpreta- tionem. When there is doubt about an act, it receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, 1. Quod fieri debet facile prsesumitur. Halk. 153. That which ought to be done Is easily presumed. Quod fieri non debet, factum valet. That which ought not to be done, when done, is valid. Broom, Max. 182.

Lat A Roman magistrate, whose ofiice It was to collect the public rev- enue. Varro de L. L. iv. 14.

Which was granted. A phrase in the reports, signifying that an argument or point made was conceded or acquiesced in by the court QUOD IN JURE SCRIPTO 985

Lat. With what intention or motive. Used sometimes as a substantive. in lieu of the single word “animus,” design or motive. “The quo animo is the real subject of inquiry.” 1 Kent, Comm. 77.

Qnod alias bonum et justum est, si per vim vel fraudem petatur, malum et in- justum efficitur. 3 Coke, 78. What otherwise is good and just, if it be sought by force and fraud, becomes bad aud unjust Quod alias non fuit licitum, necessitas licitum facit. What otherwise was not lawful, necessity makes lawful. Fleta, lib. 5, c. 23, J 14. Quod approbo non reprobo. What I approve I do not reject. 1 cannot approve and reject at the same time. I canuot take the benefit of au Instrument, aud at the same time repudiate it Broom, Max. 712. Quod attinet ad jus civile, servi pro nnllis habentur, non tamen et jure natural!, quia, quod ad jus naturale attinet, omnes homines ocquali sunt. So far as the civil law is concerned, slaves are not reckoned as persons, but uot so by natural law, for, so far as regards natural law, all men are equal. Dig. 50, 17, 32.

Lat. Which is the same. Words used for alleging that the trespass or other fact mentioned in the plea is the same as that laid in the declaration, where, from the circumstances, there is an apparent difference between the two. 1 Chit PI. *5S2. Quae in curia regis acta sunt rite agi praesumuntur. 3 Bulst. 43. Things done in the king’s court are presumed to be rightly done. Quae in partes dividi nequennt solida a singulis praestantur. 6 Coke, 1. Services which are incapable of division are to be performed in whole by each individual. Quae in testamento ita sunt scripta ut intelligi non possint, perinde sunt ac si scripta non essent. Things which are so written in a will that they cannot be understood, are the same as if they had not been written at all. Dig. 50, 17, 73, 3. Qnae incontinent! flnnt inesse viden- tur. Things which are done incontinently [or simultaneously with an act] are supposed to be inherent [in it; to be a constituent part of it} Co. Litt. 2366. Qnae inter alios acta sunt nemini no- cere debent, sedl prodesse possunt. 6 Coke, 1. Transactions between strangers ought to hurt no man, but may benefit Quae legi communi derogant non sunt trabenda in exemplum. Things derogatory to the common law are not to be drawn into precedent Branch, Princ. Quae legi communi derogant stricte in- terpretantnr. Jenk. Cent. 29. Those things which are derogatory to the common law are to be strictly interpreted. Quae mala sunt inchoata in principio vix bono peragnntur exitu. 4 Coke, 2. Things bad in principle at the commencement seldom achieve a good end.

Lat. In old English practice. A writ which lay for one that had land in which another claimed common, to compel the latter to show by what title he claimed it. Cowell; Fitzh. Nat. Brev. 128, F. Quo ligatur, eo dissolvitur. 2 Rolle, 21. By the same mode by which a thing is bound, by that is it released.

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 suffieiens existit, by which he is less able to pay the king’s debt. This was originally requisite in order to give jurisdiction to the court of exchequer ; but now this suggestion is a mere form. 3 Bl. Comm. 46. Also, a writ which lay for him who had a grant of house-bote and ha.v-bote In another’s woods, against the grantor making such waste as that the grantee could not enjoy his grant. Old Nat. Brev. 148. Quo modo quid constituitur eodem modo dissolvitur. Jenk. Cent. 74. In the same manner by which anything Is constituted by that it is dissolved.

In old English law. The Cinque Ports. Spelman.