Q:
QUACK. One, who, without sufficient knowledge, study or
previous preparation, and without the diploma of some college or
university, undertakes to practice medicine or surgery, under the
pretence that he possesses secrets in those arts.
2. He is criminally answerable for his unskilful practice, and
also, civilly to his patient in certain cases. Vide Mala praxis;
Physician.
QUADRANS, civil law. The fourth part of the whole. Hence the
heir exquad rante; that is to say, the fourth-part of the whole.
QUADRANT. In angular measures, a quadrant is equal to ninety
degrees. Vide Measure.
QUADRIENNIUM UTILE, Scotch law. The four years of a minor
between his age of twenty-one and twenty-five years, are so
called.
2. During this period he is permitted to impeach contracts made
against his interest previous to his arriving at the age of
twenty-one years. Ersk. Prin. B. 1, t. 7, n. 19; 1 Bell's Com.
135, 5th ed.; Ersk. Inst. B. 1, t. 7, s. 35.
QUADRIPARTITE. Having four parts, or divided into four parts;
as, this indenture quadripartite made between A B, of the one
part, C D, of the second part, E P, of the third part, and G H,
of the fourth part.
QUADROON. A person who is descended from a white person, and
another person who has an equal mixture of the European and
African blood. 2 Bailey, 558. Vide Mulatto.
QUADRUPLICATION, pleading. Formerly this word was used instead
of surrebutter. 1 Bro. Civ. Law, 469, n.
QUAE EST EADEM, pleading. Which is the same.
2. When the defendant in trespass justifies, that the trespass
justified in the plea is the same as that complained of in the
declaration; this clause is called quae est eadem. Gould. Pl. c.
3, s. 79, 80.
3. The form is as follows: "which are the same assaullting,
heating and ill-treating, the said John, in the said declaration
mentioned, and whereof the said John hath above thereof
complained against the said James." Vide 1 Saund. 14, 208, n. 2;
2 Id. 5 a, n. 3; Archb. Civ. Pl. 217.
QUAERE, practice. A word frequently used to denote that an
inquiry ought to be made of a doubtful thing. 2 Lill. Ab. 406.
QUAERENS NON INVENIT PLEGIUM, practice. The plaintiff has not
found pledge. The return made by the sheriff to a writ directed
to him with this clause, namely, si A facerit B securum de
clamore suo prosequando, when the plaintiff has neglected to find
sufficient security. F. N. B. 38.
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QUAESTIO, Rom. civ. law. A sort of commission (ad quaerendum)
to inquire into some criminal matter given to a magistrate or
citizen, who was called quaesitor or quaestor who made report
thereon to the senate or the people, as the one or the other
appointed him. In progress, he was empowered (with the assistance
of a counsel) to adjudge the case; and the tribunal thus
constituted, was called quaestio. This special tribunal continued
in use until the end of the Roman republic, although it was
resorted to during the last times of the republic, only in
extraordinary cases.
2. The manner in which such commissions were constituted was
this: If the matter to be inquired of was within the
jurisdiction of the comitia, the senate on the demand of the
consul or of a tribune or of one of its members, declared by a
decree that there was cause to prosecute a citizen. Then the
consul ex auctoritate senatus asked the people in comitia,
(rogabat rogatio) to enact this decree into a law. The comitia
adopted it either simply, or with amendment, or they rejected it.
3. The increase of population and of crimes rendered this
method, which was tardy at best, onerous and even impracticable.
In the year A. U. C. 604 or 149 B. C., under the consulship of
Censorinus and Manilius, the tribune Calpurnius Piso, procured
the passage of a law establishing a questio perpetua, to take
cognizance of the crime of extortion, committed by Roman
magistrates against strangers de pecuniis repetundis. Cic. Brut.
27. De Off.. II., 21; In Verr. IV. 25.
4. Many such tribunals were afterwards established, such as
Quaestiones de majestate, de ambitu, de peculatu, de vi, de
sodalitiis, &c. Each was composed of a certain number of judges
taken from the senators, and presided over by a preator, although
he might delegate his authority to a public officer, who was
called judex quaestionis. These tribunals continued a year only;
for the meaning of the word perpetuus is (non interruptus,) not
interrupted during the term of its appointed duration.
5. The establishment of these quaestiones, deprived the comitia
of their criminal jurisdiction, except the crime of treason -
they were in fact the depositories of the judicial power during
the sixth and seventh centuries of the Roman republic, the last
of which was remarkable for civil dissentions, and replete with
great public, transactions. Without some knowledge of the
constitution of the Quaestio perpetua, it is impossible to
understand the forensic speeches of Cicero, or even the political
history of that age. But when Julius Caesar, as dictator, sat for
the trial of Ligarius, the ancient constitution of the republic
was in fact destroyed, and the criminal tribunals, which had
existed in more or less vigor and purity until then, existed no
longer but in name. Under Augustus, the concentration of the
triple power of the consuls, pro-consuls and tribunes, in his
person transferred to him as of course, all judicial powers and
authorities.
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QUAESTOR. The name of a magistrate of ancient Rome.
QUAKERS. A sect of Christians.
2. Formerly they were much persecuted on account of their
peaceable principles which forbade them to bear arms, and they
were denied many rights because they refused to make corporal
oath. They are relieved in a great degree from the consequent
penalties for refusing to bear arms; and their affirmations are
everywhere in the United States, as is believed, taken instead of
their oaths.
QUALIFICATION. Having the requisite qualities for a thing; as,
to be president of the United States, the candidate must possess
certain qualifications. See President of the United States.
QUALIFIED. This term is frequently used in law. A man hag a
qualified property in animals ferae naturae, while they remain in
his power, but, as soon as they regain their liberty, his
property in them is lost. A man has a qualified right to recover
property of which he is not the owner, but which was unlawfully
taken out of his possession. But this right may be defeated by
the owner bring a suit or claiming the property. Vide Animals;
Trover.
QUALIFIED FEE, estates. One which has a qualification subjoined
to it, and which must be determined whenever the qualification
annexed to it is at an end. A Iimitation to a man and his heirs
on the part of his father, affords an example of this species of
estate. Litt. §254; 2 Bouv. Inst. n. 1695.
QUALIFIED INDORSEMENT. A transfer of a bill of exchange or
promissory note to an indorsee, without any liability to the
indorser; the words usually employed for this purpose, are sans
recours, without recourse. 1 Bouv. Inst. n. 1138,
QUALITY, persons. The state or condition of a person.
2. Two contrary qualities cannot be in the same person at the
same time. Dig. 41, 10, 4.
3. Every one is presumed to know the quality of the person with
whom he is contracting.
4. In the United States, the people happily are all upon an
equality in their civil and political rights.
QUALITY, pleading. That which distinguishes one thing from
another of the same kind.
2. It is in general necessary, when the declaration alleges an
injury to the goods and chattels, or any contract relating to
them, that the quality should be stated and it is also essential,
in an action for the recovery of real estate, that its quality
should be shown; as, whether it consists of houses, lands, or
other hereditaments, whether the lands are meadow, pasture or
arable, &c. The same rule requires that, in an action for an
injury to real property, the quality should be shown. Steph. Pl.
214, 215. Vide, as to the various qualities, Ayl. Pand. [60.]
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QUAMDIU SE BENE GESSERIT. As long as he shall behave himself
well. A clause inserted in commissions, when such instruments
were written in Latin, to signify the tenure by which the officer
held his office.
QUANDO ACCIDERENT, pleading, practice. When they may happen.
When a de-fendant, executor, or administrator pleads plene
administravit, the plaintiff may pray to have judgment of assets
quando acciderint. Bull. N. P. 169; Bac. Ab. Executor, M.
2. By taking a judgment in this form the plaintiff admits that
the defendant has fully administered to that time. 1 Pet. C. C.
R. 442, n. Vide 11 Vin. Ab. 379; Com. Dig. Pleader, 2 D 9.
QUANTI MINORIS. The name of a particular action in Louisiana.
An action quanti minoris is one brought for the reduction of the
price of a thing sold, in consequence of defects in the thing
which is the object of the sale.
2. Such action must be commenced within twelve months from the
date of the sale, or from the time within which the defect became
known to the purchaser. 3 Mart. N. S. 287 11 Mart. Lo. R. 11.
QUANTITY, pleading. That which is susceptible of measure.
2. It is a general rule that, when the declaration alleges an
injury to goods and chattels, or any contract relating to them,
their quantity should be stated. Gould on Pl. c. 4, §35. And in
actions for the recovery of real estate, the quantity of the land
should be specified. Bract. 431, a; 11 Co. 25 b, 55 a; Doct.
Pl. 85, 86; 1 East, R. 441; 8 East, R. 357; 13 East, R. 102;
Steph. Pl. 314, 315.
QUANTUM DAMNIFICATUS, equity practice. An issue directed by a
court of equity to be tried in a court of law, to ascertain by a
trial before a jury, the amount of damages suffered by the
non-performance of some collateral undertaking which a penalty
has been given to secure. When such damages have thus been
ascertained the court will grant relief upon their payment. Jer.
on Jur. 477; 4 Bouv. Inst. n. 3913.
QUANTUM MERUIT, pleading. As much as he has deserved. When a
person employs another to do work for him, without any agreement
as to his compensation, the law implies a promise from, the
employer to the workman that he will pay him for his services, as
much as be may deserve or merit. In such case the plaintiff may
suggest in his declaration that the defendant promised to pay him
as much as he reasonably deserved, and then aver that his trouble
was worth such a sum of money, which the defendant has omitted
to pay. This is called an assumpsit on a quantum meruit. 2 Bl.
Com. 162, 3 1 Vin. Ab. 346; 2 Phil. Ev. 82.
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2. When there is an express contract for a stipulated amount
and mode of compensation for services, the plaintiff cannot
abandon the contract and resort to an action for a quantum meruit
on an implied assumpsit. 18 John. R. 169; 14 John. R. 326; 10
Serg. & Rawle, 236. Sed vide 7 Cranch, 299; Stark. R. 277; S.,
C. Holt's N. P. 236; 10 John. Rep. 36; 12 John. R. 374; 13
John. R. 56, 94, 359; 14 John. R. 326; 5 M. & W. 114; 4 C. &
P. 93; 4 Sc. N. S. 374; 4 Taunt. 475; 1 Ad. & E. 333; Addis.
on Contr. 214.
QUANTUM VALEBAT, pleading. As much as it was worth. When goods
are sold, without specifying any price, the law implies a promise
from the buyer to the seller that he will pay him for them as
much as they were worth.
2. The plaintiff may, in such case, suggest in this declaration
that the defendant promised to pay him as much as the said goods
were worth, and then aver that they were worth so much, which the
defendant has refused to pay. Vide the authorities cited under
the article Quantum meruit.
QUARANTINE, commerce, crim. law. The space of forty days, or a
less quantity of time, during which the crew of a ship or vessel
coming from a port or place infected or supposed to be infected
with discase, are required to remain on board after their
arrival, before they can be permitted to land.
2. The object of the quarantine is to ascertain whether the
crew are infected or not.
3. To break the quarantine without legal authority is a
misdemeanor. 1 Russ. on Cr. 133.
4. In cases of insurance of ships, the insurer is responsible
when the insurance extends to her being moored in port 24 hours
in safety, although she may have arrived, if before the 24 hours
are expired she is ordered to perform quarantine, if any accident
contemplated by the policy occur 1 Marsh. on Ins. 264.
QUARANTINE, inheritances, rights. The space of forty days
during which a widow has a right to remain in her late hushand's
principal mansion, immediately after his death. The right of the
widow is also called her quarantine.
2. In some, perhaps all the states of the United States,
provision has been expressly made by statute securing to the
widow this right for a greater or lesser space of time in
Massachusetts, Mass. Rev. St. 411, and New York, 4 Kent, Com. 62,
the widow is entitled to the mansion house for forty days. In
Ohio, for one year, Walk. Intr. 231, 324. In Alabama, Indiana,
Illinois, Kentucky, Missouri, New Jersey, Rhode Island and
Virginia, she may occupy till dower is assigned; in Indiana,
Illinois, Kentucky, Missouri, New Jersey and Virginia, she may
also occupy the plantation or messuage. In Pennsylvania the
statute of 9 Hen. III., c. 7, is in force, Rob. Dig. 176, by
which it is declared that "a widow shall tarry in the chief house
of her hushand forty days after his death, within which, her
dower shall be assigned her." In Massachusetts the widow is
entitled to support for forty days in North Carolina for one
year.
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3. Quarantine is a personal right, forfeited by implication of
law, by a second marriage. Co. Litt. 82. See Ind. Rev. L. 209; 1
Virg. Rev. C. 170,; Ala. L. 260; Misso. St. 229; Ill. Rev. L.
237; N. J. Rev. C. 397 1 Ken. Rev. L. 573. See Bac. Ab. Dower,
B; Co. Litt. 32, b; Id, 34, b 2 Inst. 16, 17.
QUARE, pleadings. Wherefore. This word is sometimes used in the
writ in certain actions, but is inadmissible in a material
averment in the pleadings, for it is merely interrogatory and,
therefore, when a declaration began with complaining of the
defendant, "wherefore with force, &c. he broke and entered" the
plaintiff's close, was considered ill. Bac. Ab. Pleas, B 5, 4;
Gould on Pl. c. 3, §34.
QUARE CLAUSUM FREGIT. Wherefore he broke the close. In actions
of trespass to real estate the defendant is charged with breaking
the close of the plain-tiff. Formerly the original writ in such a
case was a writ of trespass quare clausum fregit, now the charge
of breaking the close is laid in the declaration. See Close;
Trespass.
QUARE EJECIT INFRA TERMINUM. Wherefore did he eject within the
term. The name of a writ which lies for a 1essee, who has been
turned out of his farm before the expiration of his term or
lease, Against the feoffee of the land, or the lessor who ejects
him. This has given way to the action of ejectment. 3 Bl. Com.
207.
QUARE IMPEDIT, Eng. eccl. law. The name of a writ directed by
the king to the sheriff, by which he is required to command
certain persons by name to permit him, the king, to present a fit
person to a certain church, which is void, and which belongs to
his gift, and of which the said defendants hinder the king, as it
is said, and unless, &c. then to summon, &c. the defendants so
that they be and appear, &c. F. N. B. 74.
QUARE OBSTRUXIT. The name of a writ formerly used in favor of
one who having a right to pass through his neighbor's grounds,
was prevented enjoying such right, because the owner of the
grounds had obstructed the way. T. L.
QUARREL. A dispute; a difference. In law, particularly in
releases, which are taken most strongly against the releasor,
when a man releases all quarrels he is said to release all
actions, real and personal. 8 Co. 153.
QUARRY. A place whence stones are dug for the purpose of being
employed in building, making roads, and the like.
2. When a farm is let with an open quarry, the tenant may, when
not restrained by his contract, take out the stone, but he has no
right to open new quarries. Vide Mines. Waste.
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QUART, measures. A quart is a liquid measure containing
one-fourth part of a gallon.
QUARTER. A measure of length, equal to four inches. Vide
Measure.
To QUARTER. A barbarous punishment formerly inflicted on
criminals by tearing them to pieces by means of four horses, one
attached to each limb.
QUARTER DAY. One of the four days of the year on which rent
payable quarterly becomes due.
QUARTER DOLLAR, money. A silver coin of the United States of
the value of twenty-five cents.
2. It weighs one hundred and threee and one-eighth grains. Of
one thousand parts, nine hundred are of pure silver and one
hundred of alloy. Act of January 18, 1837, s. 8 and 9, 4 Sharsw.
L. U. S. 2523, 4. Vide Money.
QUARTER EAGLE, money. A gold coin of the United States of the
value of two
dollars and a half.
2. It weighs sixty-four and one-half grains. Of one thousapd
parts, nine hundred are of pure gold, and one hundred of alloy.
Act of January, 18, 1837, S. 8 and 10, 4 Sharsw. cont. of Story's
L. U. S. 2523, 4. Vide Money.
QUARTER SEAL. The seal kept by the director of the chancery in
Scotland is so called. It is in the shape and impression of the
fourth part of the great seal. Bell's Scotch Law Diet. h. t.
QUARTER SESSIONS. A court bearing this name, mostly invested
with the trial of criminals. It takes its name from sitting
quarterly or once in three months.
2. The English courts of quarter sessions were erected during
the reign of Edward III. Vide Stat. 36 Edward III. Crabb's Eng.
L. 278.
QUARTER YEAR. In the computation of time, a quarter year
consists of ninety-one days. Co. Litt. 135 b; 2 Roll. Ab. 521,
l. 40; Rev. Stat. of N. Y. part 1, c. 19, t. 1, §3.
QUARTERING OF SOLDIERS. The constitution of the United States,
Amendm. art. 3, provides that "no soldier shall in time of peace
be quartered, in any house, without the consent of the owner, nor
in time of war but in a manner to be prescribed by law." By
quartering is understood boarding and lodging or either. Encycl.
Amer. h. t.
QUARTEROON. One who has had one of his grand parents of the
black or African race.
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QUARTO DIE POST. The fourth day inclusive after the return day
of the writ is so called. This is the day of appearance given ex
gracia curiae.
TO QUASH, practice. To overthrow or annul.
2. When proceedings are clearly irregular and void the courts
will quash them, both in civil and criminal cases: for example,
when the array is clearly irregular, as if the jurors have been
selected by persons not authorized by law, it will be quashed. 3
Bouv. Inst. n. 3342.
3. In criminal cases, when an indictment is so defective that
no judgment can be given upon it, should the defendant be
convicted, the court, upon application, will in general quash it;
as if it have no jurisdiction of the offence charged, or when the
matter charged is not indictable. 1 Burr. 516, 548; Andr. 226.
When the application to quash is made on the part of the
defendant, the court generally refuses to quash the indictment
when it appears some enormous crime has been committed. Com. Dig.
Indictment, H; Wils. 325; 1 Salk. 372; 3 T. R. 621; 6 Mod.
42; 3 Burr. 1841; 5 Mod. 13; Bac. Abr. Indictment, K. When the
application is made on the part of the prosecution, the
indictment will be quashed whenever it is defective so that the
defendant cannot be convicted, and the prosecution appears to be
bona fide. If the prosecution be instituted by the attorney
general, he may, in some states, enter a nolle prosequi, which
has the same effect. 1 Dougl. 239, 240. The application should be
made before plea pleaded; Leach, 11; 4 St. Tr. 232; 1 Hale,
35; Fost. 231; and before the defendant's recognizance has been
forfeited. 1 Salk. 380. Vide Cassetur Breve.
QUASI. A Latin word in frequent use in the civil law signifying
as if, almost. It marks the resemblance, and supposes a little
difference between two objects. Dig. b. 11, t. 7, 1. 8, §1.
Civilians use the expressions quasi-contractus, quasi-delictum,
quasi-possessio quasi-traditio, &c.
QUASI-AFINITY. A term used in the civil law to designate the
affinity which exists between two persons, one of whom has been
betrothed to the kindred of the other, but who have never been
married. For example, my brother is betrothed to Maria, and,
afterwards, before marriage he dies, there then exists between
Maria and me a quasi-affinity.
2. The history of England furnishes an example of this kind.
Catherine of Arragon was betrothed to the brother of Henry VIII.
Afterwards Henry married her and, under the pretence of this
quasi affinity, he repudiated her, because the marriage was
incestuous.
QUASI-CONTRACTUS. A term used in the civil law. A
quasi-contract is the act of a person, permitted by law, by which
he obligates himself towards another, or by which another binds
himself to him, without any agreement between them.
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2. By article 2272 of the Civil Code of Louisiana, which is
translated from article 1371 of the Code Civil, quasi-contracts
are defined to be "the lawful and purely voluntary acts of a man,
from which there results any obligation whatever to a third
person, and sometime a reciprocal obligation between the
parties." In contracts, it is the consent of the contracting
parties which produces the obligation; in quasi-contracts no
consent is required, and the obligation arises from the law or
natural equity, on the facts of the case. These acts are called
quasi-contracts, because, without being contracts, they bind the
parties as contracts do.
3. Quasi-contracts may be multiplied almost to infinity. They
are, however, divided into five classes: such "relate to the
voluntary and spontaneous management of the affairs of another,
without authority; the administration of tutorship; the
management of common property; the acquisition of an
inheritance; and the payment of a sum of money or other thing by
mistake, when nothing was due.
4. - 1. Negotiorum gestio. When a man undertakes of his own
accord to manage the affairs of another, the person assuming the
agency contracts the tacit engagement to continue it, an&
complete it, until the owner shall be in a condition to attend to
it himself. The obligation of such a person is, 1st. To act for
the benefit of the absentee. 2d. He is commonly answerable for
the slightest neglect. 3d. He is bound to render an account of
his management. Equity obliges the proprietor, whose business has
been well managed, 1st. To comply with the engagements contracted
by the manager in his name. 2d. To indemnify the manager in all
the engagements he has contracted. 3d. To reimburse him all
useful and necessary expenses.
5. - 2. Tutorship or guardianship, is the second kind of
quasi-contracts, there being no agreement between the tutor and
minor.
6. - 3. When a person has the management of a common property
owned by himself and others, not as partners, he is bound to
account for the profits, and is entitled to be reimbursed for the
expenses which he has sustained by virtue of the quasi-contract
which is created by his act, called communio bonorum.
7. - 4. The fourth class is the aditio herreditatis, by which
the heir is bound to pay the legatees, who cannot be said to have
any contract with him or with the deceased.
8. - 5. Indebiti solutio, or the payment to one of what is not
due to him, if made through any mistake in fact, or even in law,
entitles him who made the payment to an action against the
receiver for repayment, condictio indebiti. This action does not
lie, 1. If the sum paid was due ex equitate, or by a natural
obligation. 2. If he who made the payment; knew that nothing was
due, for qui consulto dat quod non, debebat, proesumitur donare.
9. Each of these quasi-contracts has an affinity with some
contract; thus the management of the affairs of another without
authority, and tutorship, are compared to a mandate; the
community of property, to a partnership; the acquisition of an
inheritance, to a stipulation; and the payment of a thing which
is not due, to a loan.
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10. All persons, even infants and persons destitute of reason,
who are consequently incapable of consent may be obliged by the
quasi-contract, which results from the act of another, and may
also oblige others in their favor; for it is not consent which
forms these obligations; they are contracted by the act of
another, without any act on our part. The use of reason is indeed
required in the person whose act forms the quasi-contract, but it
is not re-quired in the person by whom or in whose favor the
obligations which result from it are contracted. For instance, if
a person undertakes the business of an infant or a lunatic; this
is a quasi-contract, which obliges the infant or the lunatic to
the person undertaking his affairs, for what he has beneficially
expended, and reciprocally obliges the person to give an account
of his administration or management.
11. There is no term in the common law which answers to that of
quasi-contract; many quasi-contracts may doubtless be classed
among implied contracts; there is, however, a difference between
them, which an example will make manifest. In case money should
be paid by mistake to a minor, it may be recovered from him by
the civil law, because his consent is not necessary to a
quasi-contract but by the common law, if it can be recovered, it
must be upon an agreement to which the law presumes he has
consented, and it is doubtful, upon principle, whether such
recovery could be had.
See generally, Just. Inst. b. 3, t. 28 Dig. b. 3, tit. 5; Ayl.
Pand. b. 4, tit. 31 1 Bro. Civil Law, 386; Ersk. Pr. Laws of
Scotl. b. 3, tit. 3, s. 16; Pardessus, Dr. Com. n. 192, et seq.;
Poth. Ob. n. 113, et seq.; Merlin, Rep. Riot Quasi-contract;
Menestrier, Lecons Elem. du Droit Civil Romain, liv. 3, tit. 28;
Civil Code of Louisiana, b. 3, tit. 5; Code Civil, liv. 3, tit.
4, c. 1.
QUASI CORPORATIONS. This term is applied to such bodies or
municipal socie-ties, which, though not vested with the general
powers of corporations, are yet recognized by statutes or
immemorial usage, as persons or aggregate corporations, with
precise duties which may be enforced, and privileges which may be
maintained by suits at law. They may be considered qua
corporations, with limited powers, coextensive with the duties
imposed upon them by statute or usage; but restrained from a
general use of the authority, which belongs to those metaphysical
persons by the common law.
2. Among quasi corporations may be ranked towns, townships,
parishes, hun-dreds, and other political divisions of counties,
which are established with-out an express charter of
incorporation; commissioners of a county, supervisors of
highways, overseers of the poor, loan officers of a county, and
the like, who are invested with corporate powers sub modo, and
for a few specified purposes only. But not such a body as the
general assembly of the Preshyterian church, which has not the
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capacity to sue and be sued. 4 Whart. 531. See 2 Kent Com. 224;
Ang. on Corp. 16; 13 Mass. 192; 18 John. R. 422; 1 Cowen, R.
258, and the note; 2 Wend. R. 109; 7 Mass. R. 187; 2 Pick. R.
352; 9 Mass. Rep. 250; 1 Greenl. R. 363; 2 John. Ch. Rep. 325;
1 Cowen, 680; 4 Wharton, R. 531, 598.
QUASI DELICT, civil law. An act whereby a person, without
malice, but by fault, negligence or imprudence not legally
excusable, causes injury to another.
2. A quasi delict may be public or private; the neglect of the
affairs of a community, when it is our duty to attend to them,
may be a crime; the neglect of a private matter, under similar
circumstances, may be the ground of a civil action. Bowy. Mod. C.
L. c. 43, p. 265.
QUASI OFFENCES, torts, civil law. Those acts which, although
not committed by the persons responsible for them, are by
implication of law supposed to have been committed by their
command, by other persons for whom they are answerable. They are
also injuries which have been caused by one person to another,
without any intention to hurt them.
2. Of the first class of quasi offences are the injuries
occasioned by agents or servants in the exercise of their
employments. A master is, therefore, liable to be sued for
injuries occasioned by the neglect or unskilfulness of his
servant while in the course of his employment, though the act was
obviously tortious and against the master's consent as, for
fraud, deceit, or other wrongful act. 1 Salk . 280; Cro. Jac.
473; 1 Str. 653; Roll. Abr. 95, 1. 15; 1 East, 106; 2 H. Bl.
442; 3 Wills. 313; 2 Bl. Rep. 845; 5 Binn. 54 0; sed vide,
Com. Dig. tit. Action on the case for deceit, B. A master is
liable for a servant's negligent driving of a carriage or
navigating a ship; 1 East, 105; or for a libel inserted in a
newspaper of which defendant was proprietor. 1 B. & P. 409. The
master is also liable not only for the acts of those immediately
employed about him, but even for the acts of a sub-agent, however
remote, if committed in the course of his service; 1 Bos. & P.
404; 6 T. R. 411; and a corporate company are liable to be sued
for the wrongful acts of their servants; 3 Camp. 403; when not,
see 4 M. & S. 27.
3. But the wrongful or unlawful acts must be committed in the
course of the servant's employmen, and while the servant is
acting as such; therefore a person who hires a post chaise is
not liable for the negligence of the driver, but the action must
be against the driver or owner of the chaise and horses. 6 Esp.
Cas. 35; 4 Barn. & A. 409 sed vide 1 B. & P. 409.
4. A master is not in general liable for the criminal acts of
his servant wilfully committed by him. 2 Str. 885. Neither is he
liable his servant wilfully commit an injury to another as if a
servant wilfully drive his master's carriage against another's,
or ride or beat a distress damage feasant. 1 East. 106; Rep. T.
Hard. 87; 3 Wils. 217; 1 Salk. 289; 2 Roll. Abr. 553; 4 B. &
A. 590. In some cases, however, where it is the duty of the
master to see that the servant acts correctly, he may be liable
criminally for what the servant has done; as where a baker's
servant introduced noxious materials in his bread. 3 M. & S. 11;
Ld. Raymond, 264; 4 Camp. 12. And on principles of public
policy, a sheriff is liable civilly for the trespass, extortion,
or other wilful misconduct of his bailiff. 2 T. Rep. 154; 3
Wils. 317; 8 T. R. 431.
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5. In Louisiana, the father, or after his decease, the mother
is responsible for the damages occasioned by their minor or
unemancipated children, residing with them, or placed by them
under the care of other persons, reserving to them recourse
against those persons. Code art. 2297. The curators of insane
persons are answerable for the damage occasioned by those under
their care. Id. 2298. Masters and employers are answerable for
the damage occasioned by their servants and overseers, in the
exercise of the functions in which they are employed; teachers
and artisans, for the damage caused by their scholars and
apprentices, while under their superintendence. In the above
cases responsibility attaches, when the masters or employers,
teachers and artisans, might have prevented the act which caused
the damage, and have not done it. Id. 299. The owner of an animal
is answerable for the damage he has caused; but if the animal
has been lost or strayed more than a day, he may discharge
himself from this responsibility, by abandoning him to the person
who his sustained the injury; except where the master has turned
loose a dangerous or noxious animal; for then he must pay all
the harm done without being allowed to make the abandonment. Id.
2301.
QUASI PARTNERS. Partners of lands, goods, or chattels, who are
not actual partners, are sometimes so called. Poth. De Societe,
App. n. 184. Vide Part owners.
QUASI POSTHUMOUS CHILD, civil law. One who, born during the
life of his grand father, or other male ascendant, was not his
heir at the time he made his testament, but who by the death of
his father became his heir in his lifetime. Inst. 2, 13, 2; Dig.
28, 3, 13.
QUASI PURCHASE. This term is used in the civil law to denote
that a thing is to be considered as purchased from the presumed
consent of the owner of the thing; as, if a man should consume a
cheese, which is in his possession and belonging to another, with
an intent to pay the price of it to the owner, the consent of the
latter will be presumed, as the cheese would have been spoiled by
keeping it longer. Wolff, Dr. de la Nat. §691.
QUASI TRADITION, civil law. A term used to designate that a
person is in the use of the property of another, which the latter
suffers and does not oppose. Lec. Elein. §396. It also signifies
the act by which the right of property is ceded in a thing to a
person who is in possession of it; as, if I loan a boat to Paul,
and deliver it to him, and afterwards I sell him the boat, it is
not requisite that he should deliver the boat to me, to be again
delivered to him there is a quasi tradition or delivery.
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QUATUORVIRI. Among the Romans these were magistrates who had
the care and inspection of roads. Dig. 1, 2, 3, 30.
QUAY, estates. A wharf at which to load or land goods,
sometimes spelled key.
2. In its enlarged sense the word quay, means the whole space
between the first row of houses of a city, and the sea or river 5
L. R. 152, 215. So much of the quay as is requisite for the
public use of loading and unloading vessels, is public property,
and cannot be appropriated to private use, but the rest may be,
private property. Id. 201.
QUE EST MESME. Which is the same. Vide Quce est eadem.
QUE ESTATE. These words literally translated signify quem
statum, or which estate. At common law, it is a plea by which a
man prescribes in himself and those whose estate he holds. 2 Bl.
Com. 270; 18 Vin. Ab. 133-140; 2 Tho. Co. Litt. 203; Co. Litt.
121 a; Hardress, 459 2 Bouv. Inst. n. 499.
QUEAN. A worthless woman a strumpet. The meaning of this word,
which is now seldom used, is said not to be well ascertained. 2
Roll. Ab. 296 Bac. Ab. Stander, U 3.
QUEEN. There are several kinds of queens in some countries. 1.
Queen regnant, is a woman who possesses in her own right the
executive power of the country.
2. Queen consort, is the wife of a king.
3. Queen dowager is the widow of a king. In the United States
there is no one with this title.
QUERELA. An action preferred in any court of justice, in which
the plaintiff was called querens or complainant, and his brief,
complaint, or declaration, was called querela. Jacob's Diet. h.
t.
QUESTION, punishment, crm. law. A means sometimes employed, in
some countries, by means of torture, to compel supposed great
criminals to disclose their accomplices, or to acknowledge their
crimes.
2. This torture is called question, because, as the unfortunate
person accused is made to suffer pain, he is asked questions as
to his supposed crime or accomplices. The same as torture. This
is unknown in the United States. See Poth. Procedure Criminelle,
sect. 5, art. 2, §3.
QUESTION, evidence. An interrogation put to a witness,
requesting him to declare the truth of certain facts as far as he
knows them.
2. Questions are either general or leading. By a general
question is meant such an one as requires the witness to state
all be knows without any suggestion being made to him, as who
gave the blow?
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3. A leading question is one which leads the mind of the
witness to the answer, or suggests it to him, as did A B give the
blow ?
4. The Romans called a question by which the fact or supposed
fact which the interrogator expected, or wished to find asserted,
in and by the answer made to the proposed respondent, a
suggestive interrogation, as, is not your name A B? Vide Leading
Question.
QUESTION, practice. A point on which the parties are not
agreed, and which is submitted to the decision of a judge and
jury.
2. When the doubt or difference arises as to what the law is on
a certain state of facts, this is said to be a legal question,
and when the party demurs, this is to be decided by the court;
when it arises as to the truth or falsehood of facts, this is a
question of fact, and is to be decided by the jury.
QUESTOR or QUAESTOR, civil law. A name which was given to two
distinct classes of Roman officers. One of which was called
quaestores classici, and the other quaestores parricidii,
2. The quaestores classici were officers entrusted with the
care of the public money. Their duties consisted in making the
necessary payments from the aerarium, and receiving the public
revenues. Of both, they had to keep correct accounts in their
tabulae publicae. Demands which any one might have on the
aerarium, and outstanding debts were likewise registered by them.
Fines to be paid to the public treasury were registered and
exacted by them. They were likewise to provide proper
accomodations for foreign ambassadors and such persons as were
connected with the republic by ties of public hospitality.
Lastly, they were charged with the care of the burials and
monuments of distin-guished men, the expenses for which had been
decreed by the senate to be paid, by the treasury. Their number
at first was confined to two, but this was afterwards increased
as the empire became, extended. There were questors of cities,
provinces, and questors of the army, the latter were in fact
pay-masters.
3. The questores parricidii were public accusers, two in
number, who conducted the accusation of persons guilty of murder
or any other capital offence, and carried the sentence into
execution. They ceased to be appointed at an early period,
Smith's Dic. Gr. and Rom. Antiq. h. v.
QUI TAM, remedies. Who as well. When a statute imposes a
penalty, for the doing or not doing an act, and gives that
penalty in part to whosoever will sue for the same, and the other
part to the commonwealth, or some charitable, literary, or other
institution, and makes it recoverable by action, such actions are
called qui tam actions, the plaintiff describing himself as suing
as well for the commonwealth, for example, as for himself. Espin.
on Pen. Act. 5, 6; 1 Vin. Ab. 197; 1 Salk. 129 n.; Bac. Ab. h.
t.
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QUIA, pleadings. Because. This word is considered a term of
affirmation. It is sufficiently direct and positive for
introducing a material averment. 1 Saund. 117, n. 4; Com. Dig,
Pleader, c. 77.
QUIA EMPTORES. A name sometimes given to the English Statute of
Westminster, 3, 13 Edw. I., c. 1, from its initial words. 2 Bl.
Com. 91.
QUIA TIMET, remedies. Because he fears. According to Lord Coke,
"there be six writs of law that may be maintained quia timet,
before any molestation, distress, or impleading; as. 1. A man
may have his writ or mesne, before he be distrained. 2. A
warrantia chartae, before he be impleaded. 3. A monstra-verunt,
before any distress or vexation. 4. An audita querela, before any
execution sued. 5. A curia claudenda, before any default of
inclosure. 6. A ne injuste vexes, before any distress or
molestation. And those are called brevia anticipantia, writs of
prevention." Co. Litt. 100 and see 7 Bro. P. C. 12 5.
2. These writs are generally obsolete. In chancery, when it is
contemplated to prevent an expected injury, a bill quia timet (q.
v.) is filed. Vide 1 Fonb. 41; 18 Vin Ab. 141; 4 Bouv. Inst. n.
3801, et seq. Bill quia timet.
QUIBBLE. A slight difficulty raised without necessity or
propriety; a cavil.
2. No justly eminent member of the bar will resort to a quibble
in his argument. It is contrary to his oath, which is to be true
to the court as well as to the client; and bad policy because by
resorting to it, he will lose his character as a man of probity.
QUICK WITH CHILD, or QUICKENING, med. jurisp. The motion of the
foetus, when felt by the mother, is called quickening, and the
mother is then said to be quick with child. 1 Beck's Med. Jurisp.
172; 1 Russ. on Cr. 553.
2. This happens at different periods of pregnancy in different
women, and in different circumstances, but most usually about the
fifteenth or sixteenth week after conception. 3 Camp. Rep. 97.
3. It is at this time that in law, life (q. v.) is said to
commence. By statute, a distinction is made between a woman quick
with child, and one who, though pregnant, is not so, when she is
said to be privement enceinte. (q. v.) 1 Bl. Com. 129.
4. Procuring the abortion (q. v.) of a woman quick with child,
is a misdemeanor when a woman is capitally convicted, if she be
enceinte, it is said by Lord Hale, 2 P. C. 413, that unless they
be quick with child, it is no cause for staying execution, but
that if she be enceinte, and quick with child, she may allege
that fact in retardationem executionis. The humanity of the law
of the present day would scarcely sanction the execution of a
woman whose pregnancy was undisputed, although she might not be
quick with child; for physiologists, perhaps not without reason,
think the child is a living being from the moment of conception.
1 Beck, Med. Jur. 291; Guy, Med. Jur. 86, 87.
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QUID PRO QUO. This phrase signifies verbatim, what for what. It
is applied to the consideration of a contract. See Co. Litt. 47,
b; 7 Mann. & Gr. 998.
QUIDAM, French law. Some, one; somebody. This Latin word is
used to express an unknown person, or one who cannot be named.
2. A quidam is usually described by the features of his face,
the color of his hair, his height, his clothing, and the like in
any process which may be issued against him. Merl. Repert. h. t.;
Encyclopedie, h. t.
3. A warrant directing the officer to arrest the "associates"
of persons named, without naming them, is void. 3 Munf. 458.
QUIET ENJOYMENT. In leases there are frequently covenants by
which the lessor agrees that the lessee shall peaceably enjoy the
premises leased; this is called a covenant for quiet enjoyment.
This covenant goes to the possession and not to the title. 3
John. 471; 5 John. 120; 2 Dev. R. 388; 3 Dev. R. 200. A
covenant for quiet enjoyment does not extend as far as a covenant
of warranty. 1 Aik. 233.
2. The covenant for quiet enjoyment is broken only by an entry,
or lawful expulsion from, or some actual disturbance in, the
possession. 3 John. 471; 15 John. 483; 8 John. 198; 7 Wend.
281; 2 Hill, 105; 2 App. R. 251; 9 Metc. 63; 4 Whart. 86; 4
Cowen, 340. But the tortious entry of the covenantor, without
title, is a breach of the covenant for quiet enjoyment. 7 John.
376.
QUIETUS, Eng. law. A discharge; an acquittance.
2. It is an instrument by the clerk of the pipe, and auditors
in the exchequer, as proof of their acquittance or discharge to
accountants. Cow. Int. h. t.
QUlNTAL. A weight of one hundred pounds
QUlNTO EXACTUS, Eng. law. The fifth call or last requisition of
a defendant sued to outlawry.
QUIT CLAIM, conveyancing. By the laws of Connecticut, it is the
common practice there for the owner of land to execute a quit
claim deed to a purchaser who has neither possession nor pretence
of claim, and as by the laws of that state the delivery of the
deed amounts to the delivery of possession, this operates as a
conveyance without warranty. It is, however, essential that the
land should not, at the time of the conveyance, be in the
possession of a stranger, holding adversely to the title of the
grantor. l Swift's Dig. 133; 2 N. H. R. 402; 1 Cowen, 613; and
vide Release.
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QUIT CLAIM, contracts. A release or acquittal of a man from all
claims which the releasor has against him.
QUIT RENT. A rent paid by the tenant of the freehold, by which
he goes quit and free; that is, discharged from any other rent.
2 Bl. Com. 42.
2. In England, quit rents were rents reserved to the king or a
proprietor, on an absolute grant of waste land, for which a price
in gross was at first paid, and a mere nominal rent reserved as a
feudal acknowledgment of tenure. Inasmuch as no rent of this
description can exist in the United States, when a quit rent is
spoken of, some other interest must be intended. 5 Call. R. 364.
A perpetual rent reserved on a conveyance in fee simple, is
sometimes known by the name of quit rent in Massachusetts. 1
Hill. Ab. 150. See Ground Rent; Rent.
QUO ANIMO. The intent; the mind with which a thing has been
done; as, the quo animo with which the words were spoken may be
shown by the proof of conversations of the defendant relating to
the original defamation. 19 Wend. 296.
JURE, WRIT OF, Engl. law. The name of a writ commanding the
defendant to show by what right he demands common of pasture in
the land of the complainant, who claims to have a fee in the
same. F. N. B. 299.
QUO MlNUS. The name of a writ. In England, when the king's
debtor is sued in the court of the exchequer, he may sue out a
writ of quo minus, in which he suggests that he is the king's
debtor, and that the defendant has done him the injury or damage
complained of, quo minus sufficiens 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. Com. 46.
QUO WARRANTO, remedies. By what authority or warrant. The name
of a writ issued in the name of a government against any person
or corporation that usurps any franchise or office, commanding
the sheriff of the county to summon the defendant to be and
appear before the court whence the writ issued, at a time and
place therein named, to show "quo warranto" he claims the
franchise or office mentioned in the writ. Old Nat. Br. 149; . 5
Wheat. 291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.
2. This writ has become obsolete, having given way to
informations in the nature of a quo warranto at the common law;
Ang. on Corp. 469; it is authorized in Pennsylvania by
legislative sanction. Act 14 June, 1836. Vide 1 Vern. 156; Yelv.
190; 7 Com. Dig. 189; 17 Vin. Ab. 177.
3. An information in the nature of a quo warranto, although a
criminal proceeding in form, in substance, is a civil one. 1
Serg. & Rawle, 382.
QUOAD HOC. As to this; with respect to this. A term frequently
used to signify, as to the thing named, the law is so and so.
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QUOD COMPUTET. The name of an interlocutory judgment in an
action of account render: also the name of a decree in the case
of creditors' bills against executors or administrators. Such a
decree directs the master to take the accounts between the
deceased and all his creditors; to cause the creditors, upon due
and public notice to come before him to prove their debts, at a
certain place, and within a limited period; and also directs the
master to take an account of all personal estate of the deceased
in the hands of the executor or administrator. Story, Eq. Jur. SS
548. See Judgment quod computet.
QUOD CUM, pleading; It is a general rule in pleading,
regulating alike every form of action, that the plaintiff shall
state his complaint in positive and direct terms, and not by way
of recital. "For that," is a positive allegation; "for that
whereas," in Latin "quod cum," is a recital
2. Matter of inducement may with propriety be stated with a
quod cum, by way of recital; being but introductory to the
breach of the promise, and the supposed fraud or deceit in the
defendant's non-performance of it. Therefore, where the plaintiff
declared that whereas there was a communication and agreement
concerning a horse race, and whereas, in consideration that the
plaintiff promised to perform his part of the agreement, the
defendant promised to perform his part thereof; and then alleged
the performance in the usual way; it was held that the
inducement and promise were alleged certainly enough, and that
the word "whereas" was as direct an affirmation as the word
"although," which undoubtedly makes a good averment; and it was
observed that there were two precedents in the new book of
entries, and seven in the old, where a quod cum was used in the
very clause of the promise. Ernly v. Doddington, Hard. 1. go,
where the plaintiff declared on a bill of exchange against the
drawer, and on demurrer to the declaration, it was objected that
it was with a quod cum, which was argumentative, and implied no
direct averment; the objection was over-ruled, because assumpsit
is an action on the case, although it might have been otherwise
in trespass vi et armis. March v. Southwell, 2 Show. 180. The
reason of this distinction is, that in assumpsit or other action
on the case, the statement of the gravamen, or grievance, always
follows some previous matter, which is introduced by the quod
cum, and is dependent or consequent upon it; and the quod cum
only refers to that introductory matter, which leads on to the
subsequent statement, which statement is positively and directly
alleged. For example, the breach in an action of assumpsit is
always preceded by the allegation of the consideration or
promise, or some inducement thereto, which leads onto the breach
of it, which is stated positively and directly; and the previous
allegations only, which introduce it, are stated with a quod cum,
by way of recital.
3. But in trespass vi et armis, the act of trespass complained
of is usually stated without any introductory matter having
reference to it, or to which a quod cum can be referred; so that
if a quod cum be used, there is no positive or direct allegation
of that act. Sherland v. Heat 214. After verdict the quod cum may
be considered as surplusage, the defect being cured by the
verdict. Horton v. Mink, 1 Browne's R. 68; Com. Dig. Pleader, C
86.
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QUOD EI DEFORCEAT, Engl. law. The name of a writ given by Stat.
Westmin. 2, 13 Edw. I. c. 4, to the owners of a particular
estate, as for life, in dower, by the curtesy, or in fee tail,
who are barred of the right of possession by a recovery had
against them through their default or non-appearance in a
possessory action; by which the right was restored to him, who
had been thus unwarily deforced by his own default. 3 Bl. Com.
193.
QUOD PERMITTAT, Engl. law. That he permit. The name of a writ
which lies for the heir of him who is disseised of his common of
pasture, against the heir of the disseisor, he being dead. Termes
de la Ley.
QUOD PERMITTAT PROSTERNERE, Engl. law. That he give leave to
demolish. The name of a writ which commands the defendant to
permit the plaintiff to abate the nuisance of which complaint is
made, or otherwise to appear in court and to show cause why he
will not. On proof of the facts the plaintiff is entitled to have
judgment to abate the nuisance and to recover damages. This
proceeding, on account of its tediousness and expense, has given
way to a special action on the case.
QUOD PROSTRAVIT. The name of a judgment upon an indictment for
a nuisance, that the defendant abate such nuisance.
QUOD RECUPERET. That he recover. The form of a judgment that
the plaintiff do recover. See Judgment quod recuperet.
QUORUM. Used substantively, quorum signifies the number of
persons belonging to a legislative assembly, a corporation,
society, or other body, required to transact business; there is
a difference between an act done by a definite number of persons,
and one performed by an indefinite number: in the first case a
majority is required to constitute a quorum, unless the law
expressly directs that another number may make one; in the
latter case any number who may be present may act, the majority
of those present having, as in other cases, the right to act. 7
Cowen, 402; 9 B. & C. 648; Ang. on Corp. 28.1.
2. Sometimes the law requires a greater number than a bare
majority to form a quorum, in such case no quorum is present
until such a number convene.
3. When an authority is confided to several persons for a
private purpose, all must join in the act, unless otherwise
authorized. 6 John. R. 38. Vide Authority, Majority; Plurality.
QUOT, Scotch law. The twentieth part of the movables, computed
without computation of debts, was so called.
2. Formerly the bishop was entitled, in all confirmations, to
the quot of the testament. Ersk. Prin. B. 3, t. 9, n. 11.
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QUOTA. That part which each one is to bear of some expense;
as, his quota of this debt; that is, his proportion of such
debt.
QUOTATION, practice. The allegation of some authority or case,
or passage of some law, in support of a position which it is
desired to establish.
2. Quotations when properly made, assist the reader, but when
misplaced, they are inconvenient. As to the manner of quoting or
citing authorities, see Abbreviations; Citations.
QUOTATION, rights. The transcript of a part of a book or
writing from a book or paper into another.
2. If the quotation is fair, aud not so extensive as to extract
the whole value or the most valuable part of an author, it will
not be a violation of the copyright. It is mostly difficult to
define what is a fair quotation. When the quotation is unfair, an
injunction will lie to restrain the publication. See 17 Ves. 424;
1 Bell's Com. 121, 5th ed.
3. "That part of a work of one author found in another,"
observed Lord Ellenborough, "is not of itself piracy, or
sufficient to support an action; a man may adopt part of the
work of another; he may so make use of another's labors for the
promotion of science, and the benefit of the public." 5 Esp. N.
P. C. 170; 1 Campb. 94. See Curt. on Copyr. 242; 3 Myl. & Cr.
737, 738; 17 Ves. 422; 1 Campb. 94; 2 Story, R. 100; 2 Beav.
6, 7; Abridgment; Copyright.
QUOUSQUE. A Latin adverb, which signifies how long, how far,
until.
2. In old conveyances it is used as a word of limitation. 10
Co. 41.
3. In practice it is the name of an execution which is to have
force until the defendant shall do a certain thing. Of this kind
is the capias ad satisfaciendum, by virtue of which the body of
the defendant is taken into execution, and he is imprisoned until
be shall satisfy the execution. 3 Bouv. Inst. n. 3371.
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