Page:Black's Law Dictionary (Second Edition).djvu/983

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


at a statute are special, but the reason or object of it general, the statute is to be construed generally. 10 Coke, 1011).

QUANTI IVIINORIS. Lat. The name at an action in the civil law. (and in Louisiana.) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which diminish its value.

QUANTUM DAMNIPICATUS7 How much damnlfiedi The name of an issue di- rected by a court of equity to be tried in a court of law, to ascertain the amount of compensation to be allowed for damage.

QUANTUM MERUIT. As much as he deserved. In pleading. The common collut hi an action of assumps-it for work and labor, founded on an implied atvsiuiipsét or promise on the part of the defendant to pay the plaintlif as much as he reasonably deserved to have for his labor. 3 Bl. Comm. 161; 1 Tldd. Pr. 2.

Quantum tenenl domino ex lionuzgin, tantnm dominus tenenti ex douiinio debet pi-aster solam x-eve:-entinni: uiutua debet esse dominii et Inoniagii fldelita.- tin cunncxio. Co. Litt. 64. As much as the tenant by his homage owes to his lord, so much is the lord, by his lordship. indebted to the tenant. except reverence alone: the tie of dominion and of homage ought to be mutual.

QUANTUM VAL!-IBANT. As much as they were worth. in pleading. The com- mon count in an action of ll-o'S‘ii¢7i])8il for goods sold and delivered. founded on an implied assunijis-it or promise, on the part of the defendant. to pay the plaintiff as much as the goods were reasonably worth. 3 Bl. Comm. 161; 1 Tidd, Pr. 2.

QUARANTINE. A period of time (theo- retically forty days) during which a vessel, coming from a place where a contagious or infectious disease is prevalent, is detained by authority in the harbor of her port of desti- nation, or at a station near it, without being pcrmitied to land or to discharge her crew or passengers. Quarantine is said to have been first established at Venice in 1484. Baker, Quar. 3.

In real property. The space of forty days during which a widow has a right to remain in her late husband's principal mansion lmmedintely after his death. The right of the widow is also called her “quarautiue." See Davis \’. Lowden. 56 N. J. Eq. 126. 38 Atl. (H8; Glenn v. Glenn, 41 Ala. 580; Spinning v. Spinning, 43 N. J. Eq. 215, 10 Atl. 270.

QUAKE. Lat. Wherefore; for what rea- son: on what account. Used in the Latin form of several common-law vsrits.



QUARE GLAUSUM FREGIT. Lat. Wherefore he hrohe the close. That species of the action of trespass which has for its object the recovery of damages for an un- lawful entry upon auot.ber’s land is termed "trespass qiuzre clausum frcgit,"' “breaking a close" being the technical expression for an unlawful entry upon land. The language of the declaration in this form of action is “that the defendant, with force and arms. hroke and entered the close" of the plaintiff. The phrase is often abbreviated to "qu. cl. fr.” Brown.

QUARE EJECIT INPEA TERHIINUM. Wherefore he ejected within the term. In old practice. A writ which lay for a lessee where he was ejected before the expiration of his term, in cases where the wrong-doer or ejector was not himself in possession of the lands, but his feoifce or iiiiother claiming under him. 3 Bl. Comm. 199, 206: Reg. Orig. 227; Fitzh. Nat. Brev. 197 S.

QUAKE IMPEDIT. Wherefore he hindcrs. in English practice. A writ or action which lies for the patron of an advowson, where he has been disturbed in his right of patronage; so called from the emphatic words of the old form, by which the disturber was summoned to answer why he hinders the plaintiff. 3 Bl. Comm. 246. 248.

QUARE INCUMBRAVIT. In English law. A writ which lay against a bishop who, within six months after the vacation of a benefice, conferred it on his clerk, while two others were contending at law for the right of presentation, calling upon him to show cause why he had incuuiiiered the church. Reg. Orig. 32. Aboiisheil by 3 & 4 Wm. IV. c. 27.

QUARE INTRUSIT. A Writ that formerly lay where the lord proffered a suitable IIlfiI‘l'l{iL'E to his ward, who rejected it, and entered into the land, and married another. the value of his marriage not being satisfied to the lord. Aboiished by 12 Car. 11. c. 24.

QUARE NON ADMISIT. In English law. A writ to recoi er d.ima,«:es against a bishop who does not admit a plaintltt"s clerk. It is, however, rarely or never necessary; for it is said that a bishop, refusing to erecute the writ ad nrliiiittendiim clnicum, or making an insutficlent return to it, may be lined. Wats. Cier. Law, 302.

QUARE NON PECR.l\II'1"1‘I'.[‘. An ELD- cleut writ, which lay for one who had a right to present to a church for a turn against the proprietary. Fieta, l. 5, c. 6.

QUARE OBSTRUXIT. Wherefore he obstructed. In old EngiLs.h practice. A writ which lay for one who. having a liberty to

pass through his neighbor's ground, could