Page:Black's Law Dictionary (Second Edition).djvu/986

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QUERENS

cases, that the parent was not in his right mind. Calvin.; 2 Kent, Comm. 327; Bell.

QUERENS. ant ; Inquirer.

Lat. A plnintifl; complain-

QUESTA. in old records. A quest; an inquest, inquisition, or inquiry, upon the oaths of an impaneled jury. Cowell.

QUESTION. A method of criminal ex- ainhmtiun heretofore in use in some of the countries of continental Europe, consisting of the application of torture to the supposed criminal, by means of the rack or other en- gines, in order to extort from him, as the condition of his release from the tortnre, a confession of his own guilt or the names of his accomplices.

In evidence. An interrogation put to a. witness, for the puipose of having him declare the trnth of certain facts as far as he snows them.

In practice. A point on which the parties are not agreed, and which is submitted to the decision of a judge and jnry. —Catego1-ical qnestion. One inviting a distinct and positive statement of fact; one which can be answered by "yes" or ‘‘no. In the pI|1~ ral, a series of questions, covering a particular subject—m.atter, arranged in a systematic and consecutive order.—I‘ede1-al question. See FEUI-.EAL.—Lea.di:ng question. Sec Lhat title. —Hypotheticni question. See that title.- Politicsl question. See POLITICAL.

QUESTMAN, or QUESTMONGER. In old liugiish law. A starter of lawsuits. or prosecutions; also a person chosen to in- quire into abuses, especially such as relate to weights and measures; also a church-warden.

QUESTORES PARRICIDII. Liit. In Roman law. Certain officcis, two in number. who were deputed by the comma, as a kind of commission, to search out and try ail wses of parriclde and murder. They were probably appointed annually. Maine. Anc. Law, 370.

QUESTUS EST NOBIS. Lat. A Writ of nuisance, which, by 15 Edw. 1., iay aginnst him to whom a house or other thing that Caused :1 nuisance descended or was alienated; whereas. before that statute the action Lay only against him who first levied or caused the nuisance to the damage of his neigh- bor. Cowell.

Qui a.b_iu1-at regnum zuuittit regnum, nod non regem: patriam, sod non pat:-em pat:-inc. 7 Cake, 9. He who ahjures the

e:iliii leaves the realm, but not the king; the

country, but not the father of the country.

Qui accusat lntegra: famm sit, et non oi-iniiuosus. Let him who accuses le 1.)! ciear fame, and not criminal. 3 inst. .30.

978

QUI DAT FINEM

Qui ncquirit sihi acquirit liaeredihng He who acquires for himself acquires for his heirs. Tray. Lat. Max. 496.

Qui n.d.imit medium dirimit fluem. Ha who takes away the mean destroys the end. Co. Litt. 16111.. He that deprives a l.|.iiILl oi the mean by which he ought to come to I thing deprives him of the thing itself. Iii; Lltt. § 237.

Qui aliqnid ltntucrit, parts innmlitn alters. zequum licot rlixerit, hand sequ- um face-x-it. He who determines any matter without hearing both sides. though he may have decided right, has not done justice 6 Coke, 52a; 4 BL Comm. 233.

Qui altering jute ntitur, eodem jars uti debet. He who uses the right of an- other ought to use the same right. Path. Traité De Change. pt. 1, c. 4, § 114; Broom. Max. 473.

Qui npprobat non reprohat. He nhn apprubates does not reprohate, Ii. 2.. he cannot both accept and reject the same thing.]

Qui bene distiuguit bane dooet. 2 Inst 470. He who distinguishes well teaches well.

Qui bane interrogat bene ducet. I-le who questions well teaches well, 3 Bulst. 227. Information or express averment may he eifectually conveyed in the way of interrogation.

Qui oadit a syllaha cndit a tots. causa. He who fails in a syllable fails in his whole cause. Bract. foL 211.

Qui concedit aliquid, oonoedere videtur et id sine quo oonoessio est irrita, sine qua 1-so ipna ease non potuit. 11 Coke. 52. He who concedes anything is considered as conceding that without which his concession would he void, without which the thing itself could not exist.

Qui comzedit aliquid eoneedit omne id sine qua oormessio est ix-ritn. He who grants anything giants everything without

which the grant is fruitless. Jenh. Cent. p. 32, case 63. Qui oonfirmat nihil dst. He who con-

firms does not give. 2 Bouv. Inst. no. 2Ul'i'.).

Qui oontemnit praaceptum contemuit pr-mcipientem. He who conleinns [conteuJ1)t- nonsly treats] a command eontemns the party who gives it. 1'2 Coke, 97.

Qni cum alio oontrnliit, vol est, vol esse debot non ignarns eondjtionis 2511:. HE who contracts with another cither is or ought to he not ignorant of his condition. Dig. 50, 17, 19; Story, Confl. Laws, § 76.

Qui (lat flnem, that media ad tinam nec-

essnria. He who gives an end gives the