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;

   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

  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

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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;

  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

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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;

   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.

   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

   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

     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

   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.

   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.

   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

  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, practice.  A point  on which  the  parties  are  not
agreed, and  which is  submitted to  the decision  of a judge and

  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

   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.

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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.

  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

          Bouvier's Law Dictionary : Q1 : Page 18 of 20

  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.

   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.

          Bouvier's Law Dictionary : Q1 : Page 19 of 20

   QUOTA. That  part which  each one  is to bear of some expense;
as, his  quota of  this debt;   that  is, his  proportion of such

   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,

   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.

          Bouvier's Law Dictionary : Q1 : Page 20 of 20

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