Page:Black's Law Dictionary (Second Edition).djvu/981

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QUALIFICATION

circiinistances. natural or adventitious, which nre inherently or legally necessary to render him eligllile to fill an office or to perform :1 public duty or function. Thus. the ownership of a freehold estate may be made the qualification of a voter; so the possession of a certain amount of stock in in corporation may he the qualification necessary to enable one to serve on its board of directors. Cummiigs v. Missouri, 4 Wall. 319. 18 L. Ed. 356; People v. Paien, 74 Hun, 2919. 26 N. Y. Supp. 25; Ilyde v. State, 52 Miss. 665.

Qualification for omce is “endowment, or accompiislinient that fits for an office: having the legiil requisites. endowed with qii tics suitable for the purpose." State v. Seuy, C-1 Mo. 89, 27 Am. Rep. 206.

Also a modification or limitation of terms or language: usually intended by way of restriction of expressions which, by reason of their generality, would carry a larger meaning than was designed.

QUALIFIED. Adapted: fitted; entitled; as an elector to vote. Applied to one who has iaken the steps to prepare himself for an appointment or office, as by taking oath, giving bond. etc. Pnh. St Mass. p. 1294.

Also ilinited: restricted; confined; modi- fied; imperfect, or temporary.

The term is also applied in England to a person who is enabled to hold two benefices at once.

—Qualified acceptance. See AC<.'E)?"i'ANCE. —Que.lifled elector means a person who legally qiialifiod to vote, while a ‘legal voter" means ii. qualified elector who does in fact vote. Sanford v. Prentice, 28 Wis. 358.—Qunl.iflecl fee. See FE Qualified index-aeinent. See Iivoonseiuiz Qualified onth. See . Qualified privilege. In the law of libel and slander, the same as conditional privilege. See Piiiviniznr.-—Qualified property. See PROP- Er.'n'.—Qua1ified voter. A person qiiaiificfl to vote generally. In re House Bill No. 166. 9 Coin. 629. 21 Pac. 473. A person qualified and actually voting. Carroll County v. Smith. 111 U. S. 565. 4 Sup. Ct. 539, 28 L. Ed. 517.


QUALIFY. To make one's self fit or prepared to exercise a right, office, or franchise. To take the steps necessary to prepare one's self for an office or appointment, as by taking onth, gliing bond. etc. Pnh. St. Mass. 1:. 1294; Archer v. State, 74 Md. 443. 22 Atl. 8, 29 Am. St. Rep. 2431; Hale v. Salter, 25 La Ann. 324; State v. Albert, 55 Kan. 154, 40 Pac. 236.

Also to limit; to modify; to restrict. Thus, it is said that one section of a statute quaillies another.

Qnalitns qua inesse dehet. facile pne- unmitnr. A quality which ought to form a part is easily presumed.

QUALITY. In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. In pleading, it means an

973

QUANDO ALIQUID MANDATUR

attribute or characteristic by which one thing is distinguished from another. —Qunlity of estate. The period when, and

the manner in which, the right of enjoying an estiite is exercised It is of two kinds: (1) The period when the right of enjoying an estate is collierrcd upon the owner, whetlicr at present or in future; and (2) the manner in which the owner's right of enjoyment of his estate is to be exercised, whether solely. jointly. in common, or in cops:-cenary. Wharton.

Qunm longnm deliet ease rationnhile tempos non deflnltur in lege, sed pendet ex disc:-etione juaticinriorum. C0. Litt 56. How long reasonable tune ought to be. is not defined by law, but depends upon the discretion of the judges.

Quam nstionabilis debet one finds, nun deflnitur, sed omnibus eircumstantiis inspectis pendet ex justicinriorum i:l.is- ox-etione. Vi'hat a reasonable fine ought to he is not defined, but is left to the discretion of the judges, all the circumstances heing considered. 11 Coke, 44.

QUAMDIU. Lat. As long as; so long as. A word of limitation in old conveyances. Co. Litt. 235a.

QUAMDIU SE BEN‘!-I GESSEEIT. As long as he shall hehave hlinseif well; during good behavior; a clause frequent in letters patent or grants of certain offices. to secure them so long as the persons to whom tliev are granted shall not be guilty of aliasing them, the opposite clause being "(1lU‘Ollil‘ hem: plaoito,” (during the pleasure of the grnntor.)

Qmunvis aliquld per se non sit malum.

tamen. si lit mall exempli. non est faciendum. Although a thing may not he

had in itself, yet. it it is of Iiad example, it is not to be done. 2 Inst. 564.

Qimtnvis lex gene:-aliter loqnitur, re- Itringenda tnsnen est. nt. cessante ratione, ipsn cessat. Although a law speaks generally. yet it is to be 1'estr.iined. so that when its reason ceases, it should cease also. 4 lust. 330.

Qusndo aliest provisio partis, adest pr-ovisio legis. Vlnien the provision of the party is wanting, the provision of the law is at hand. 6 Vin. Ahr. 49; 18 C. B. 960.

QUANDO ACCIIJERINT. Lat. When they shall come in. The name of a judgment sometimes given against an executor. especially on a plea of rrlcmz odniinistmt-it. which empowers the plaintiff to have the benefit of assets which may at any time thereafter come to the hands of the executor.

Qunsndo illiquid mandatnr, mandatur et omne per qnod per-venitnr ad illud.

5 Coke. 116. When anything is commanded,