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 fourthpart of the whole. Hence the heir exquadrante; 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 twentyone 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 F, 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. QUÆ 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 quæ est eadem. Gould. Pl. c. 3, s. 79, 80. 3. The form is as follows: "which are the same assaulting, beating and ill-treating, the said John, in the said declaration Q. 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. QUERE, practice. A word frequently used to denote that an inquiry ought to be made of a doubtful thing. 2 Lill. Ab. 406. QUÆRENS 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. QUÆSTIO, Rom. civ. law. A sort of commission (ad quærendum) to inquire into some criminal matter given to a magistrate or citizen, who was called quæsitor or quastor 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 quæstio. 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 Quæstiones 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 prætor, although he might delegate his authority to a public officer, who was called juder quæstionis. 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 quæstiones, 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 Quæstio perpetua, it is impossible to understand the forensic speeches of Cicero, or even the political history of that age. But when Julius Cæsar, 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. QUESTOR. 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 has a qualified pro perty in animals feræ naturæ, 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 bringing 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 limitation 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 quali| ties, Ayl. Pand. [60.] 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 ACCIDERINT, pleading, practice. When they may happen. When | is called an assumpsit on a quantum meruit. à defendant, executor, or administrator 2 Bl. Com. 162, 3; 1 Vin. Áb. 346; 2 Phil. pleads plene administravit, the plaintiff may Ev. 82. pray to have judgment of assets quando acBull. N. P. 169; Bac. Ab. Ex ciderint. ecutor, 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. 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 disease, 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 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 not. a penalty has been given to secure. When 3. To break the quarantine without such damages have thus been ascertained, legal authority is a misdemeanor. 1 Russ. the court will grant relief upon their payon Cr. 133. ment. Jer. on Jur. 477; 4 Bouv. Inst. n. 3913. 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. 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 he 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 2. In some, perhaps all the states of the QUARANTINE, inheritances, rights. The space of forty days during which a widow has a right to remain in her late husband's principal mansion, immediately after his death. The right of the widow is also called her quarantine. 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. United States, provision has been expressly | certain persons by name to permit him, the 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 as signed; 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 husband 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. 3. Quarantine is a personal right, forfeited by implication of law, by a second marriage. Co. Litt. 32. 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. 2. 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 plaintiff. 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 lessee, 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 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. 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 three 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 thousand 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 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. director of the chancery in Scotland is so | part of the prosecution, the indictment will called. It is in the shape and impression be quashed whenever it is defective so that of the fourth part of the great seal. Bell's the defendant cannot be convicted, and the Scotch Law Dict. h. t. 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. 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, 1.40; Rev. Stat. of N. Y. part 1, c. 19, t. 1, § 3. 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. 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, QUASI-AFFINITY. A term used in the without the consent of the owner, nor in civil law to designate the affinity which time of war but in a manner to be pre-exists between two persons, one of whom scribed 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. QUARTO DIE POST. The fourth day inclusive after the return day of the writ is so called. This is the day of appearance given er gracia curiæ. 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, 543; 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 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. 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 sometimes 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. |