Page:Black's Law Dictionary (Second Edition).djvu/989

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QUIA EMPTORES

QULA EMPTORES. “Because the pur- chasers." The title of the statute of Westin. 3, (18 Edw. I. c. 1.) This statute took from the tenants of common lords the feudal liberty they claimed of disposing of part of their lande to hold of themselves, and, instead of it, gave them a general liberty to sell all or any part, to hold of the next superior lord, which they could not have done before without consent. The elfect of this statute was twofold: (1) To facilitate the alienation of teesimple estates; and (2) to put an end to the creation of any new manors, l. 2., tenancies in fee-simple of a sub- ject. Brown.

QUIA ERRONICE EMANAVIT. Because it issued erroneously, or through mistake. A term in old English practice. Ye]. 83.

QUIA TIMET. Lat. Because he tears or apprebends. ln equity practice. The tech- nical name of a hill filed by a party who seeks the aid of a court of equity, because no tears some future probable injury to his rights or interests. 2 Story, Eq. Jur. § 826.

QUIBBLE. A caviliing or verbal objection. A slight diiiiculty raised without necessity or propriety.

QUICK. Living; ailve. "Quick chattels must be put in pound-overt that the owner may give them sustenance; dead need not." Finch. Law. b. 2. c. 6.

QUICK WITH GIULD. ING.

See QUICK_EN-

QUICK]-JNING. In medical jurispru- dence. The first motion of the items in the womb felt by the mother, occurring usually about the middle of the term of pregnancy. See C-om. v. Parker, 9 Meta (Mass) 266, 43 Am. Dec. 396; State v. Cooper, 22 N. J. Law, 57. 51 Am. Dec 2-58; Evans v. People, 49 N. 1’. 89.

Qllinqnid aoquiritnr servo ncquiritnr domino. Whatever is acquired by the serv- ant is acquired for the master. PuiL Accts. 38. note Whatever rights are acquired by an agent are acquired for his principal. Story, Ag. § 403

Quiequld denionst:-atm 1-ei addjtur aoti.s deinonstratae frustrn est. Wlintever is added to demonstrate anything already snfliclently demonstrated is surplusage. Dig. 33. 4, 1, 9; Broom, Max. 630.

Quicqnid est contra nor-mam reoti est tnjuria. 3 Buist. 31.5. Whatever is against the rule of right is a ‘wrong.

Quiequid in excessu actuni eat, lege pi.-uliibetui-. 2 lost. 107. Vvliatever is done in excess is prohibited by law.

981

QUIET

Quiequid judicis anctoritati nubjicitur nnvitati non subjicitnl‘. Whatever is sub- ject to the authority of a judge is not sub- ject to innovation. 4 Inst. 66.

Qriicqnid pliuitatur solo, solo oedit. Whatever is atitved to the soil belongs to the soil. Broom. Max. 401-431.

Qulcqnid Iolvihlr, snlvitnr secnndnm niodnm aolventin; qnicqnid reoipitnr-. re- oipitnr oecnndum mndum recipientia. Whatever money is paid, is paid accordiu to the direction of the payer; whatever money ls received, is received accoiding to that of the recipient. 2 Vern. 606; Broom. Max. 810.

Quicnnque liabet ,iux-ildietiozneni ordi- na.rie.n.i est illiul loci ordinariul. C0. Lltt. .5-1-l. Whoever has an ordinary juris- diction is ordinary of that place.

Quiennque iussn judicil n.l.iqnid fece- rit non videtnr dolo nialo feeisse, quia. par-ere neoesne alt. 10 Coke, 71. Who- ever does anything by the command of a judge is not reckoned to have done it with an evil intent, because it is necessary to obey.

QUIID JURIS GLAMAT. In Old Engl.ish practice. A writ which lay for the grantee of a reversion or remainder, where the particular tenant would not attorn, for the purpose of compelling him. Termes de la Ley: Cowell.

QUE) PRO QUO. What for what; something for something. Used in law for the giving one valuable thing for another. lt is nothing more than the mutual consideration which passes between the parties to a contiact, and which renders it valid and binding. Cowell.

Quid sit 311:, et in 11110 consistit inju- ria, legis est deflnire. What constitutes right, and what injury, it is the business of the law to deciare. Co. Litt. 158D.

QUDJAM. Lat. Somebody. This term is used in the French law to designate B. person whose name is not known.

Qnitlquid enlm sive dolo of culpa. ventlitoris accidit in eo venditor seen:-as est. For concerning anything which occurs without deceit and wrong on the part of the vendor, the vendor is secure. Brown v. Bei- lows, 4 Pick. (Mass) 198.

QUIET, v. To pacify: to render secure or unassaliable by the removal of disquieting causes or disputes. This is the meaning of the word in the phrase “action to quiet title," which is a proceeding to establish the p1aint'itf's title to land by hrlmlng into court

an adverse daimant and there compelling