Page:Black's Law Dictionary (Second Edition).djvu/992

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QUOD ALIAS BONUM

Quod alias 'honu.n1 et justuan est, si per

N vim vel fraudem petatur, r.uaIu.ru et in-

justuzn eficitur. 3 Coke, 78. What other-

wise is good and just, if it be sought by force and hand. becomes bad and unjust

0 Quad alias non fuit licitnm, necessitas licitum fncit. “ hat otherwise was not iawtul. necessity mahes lawful. h“iet:i, ilb. 5, c. 23, § 14.

P Quod approbo non reprabo. What I upprove I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it Broom, Max. 112

Quad nttinnt ml jus ciwile, sex-vi pro nullis hshentur, non tamen et jure us.- turnli, quis, quad 3:! jun naturals atti- nct, «runes homlnes sequali aunt. So far as the civil law is concerned, slaves are not reckoned as persons, but not so by natural law, for, so far as regards natural law. all men are equal. Dig. 50, 17, 32.

QUOID BILLA CASSETUR. That the bill be quashed. The common-law form of -a judgment sustaining a plea in abatement, where the proceeding is by bill, S. 6., by a coping instead of by original writ

QUOD CLERICI B]-L‘NEI‘IC1A'.l.‘I DE CANCELLARIA. A writ to exempt a clerk at the chancery from the contribution to- wards the proctors of the clergy in parlia- meut, etc. Beg. Orig. 261.

QUOD CLERICI NON ELIGANTUR IN OFFICIO BALLIVI, etc. A writ which lay for a clerk, who, by reason of some land he had, was made, or was about to be made, bailid’, beadie, reeve, or some such officer, to obtain exemption from serving the office. Reg. Orig. 187.

QUOD OOMPUTET. That he account Judgment quad compute: is a preliminary or interlocutory judgment given in the action of account-render (aim) in the case of cred- itors’ bills against an executor or administiator,) directing that accounts be taken before a master or auditor.

Quod constnt clare non debet verificnri. What is Cleariy apparent need not be proved. 10 Mod. 150.

Quad constant uurim opera testiunu non indiget. That which appears to the court needs not the aid of witnesses. 2 Inst. 662.

Quad contra legem fit pro infecto haltetur. That which is done against law is re- garded as not done at alL 4 Cake, 31a.

Quod contra x-ationem juri: receptnm est, non est producenduan ul consequen-

984

QUOD FUIT CONCESSUM

tias. That which has been received agn the reason of the law is not to be dra into a precedent Dig. 1, 3, 14.

QUOD CUM. In pleading. For tbs whereas. A form of iutroducing nmtter inducement in certain actions, as aasumpa and case.

Quod datum est eccleaias, datum an Dec. 2 last 2. What is given tothechurdl is given to God.

Quad dennanltrsndi causn ndditur rel latis, dezuonstrutae, £1-ustra ill. 10 Duke, 1.13. What is added to a thing sufficiently palpable, for the purpose of demonstration, is valn.

Quad dubitas, no feceris. What you doubt of, do not do. In a case of moment. especially in cases of life, it is safest to buid that in practice which hath least doubt and danger. 1 Hale, P. C. 300.

QUOD BI DEI‘0RGEAT. In English law. The name of a writ given by st. Westm. 2, 13 Edw. I. c. 4, to the owners at a particular estate, as for life, in douer, by the curtesy, or in tee-tail, who were barred of the right of possession by a recovery bad against them through their default or nonappearance in a possessory action, by which the right was restored to hhn who had been thus unwariiy detorced by his own default. 3 BL Comm. 193.

Quod est ex necessitate nunquam lutroducitur, nisi quando necessarium. 2 Rolie, 502. That which is of necessity in never introduced, unless when necessary.

Quod est incouvenlens nut contra rotionem non perminsum est in legs. C0. Litt. 17841.. That which is Inconvenient or against reason is not permissible in law.

Quod out necennrium est licitum. What is necessary is lawtuL Jenk. Cent p. 76, case 45.

Quod factum sat, cum in obscure nit, ex aifectione cujusque cnpit interpretationem. When there is doubt about an act, it receives interpretation from the (known) feelings of the actor. Dig. 50, 17. 68. 1.

Quad iieri dehet facile px-asumitur. Halls. 153. That which ought to be done is easily presumed.

Quod flex-I non debet, fact-um valet. That which ought not to be done, when done, is valid. Broom, Max. 182.

QUOD FUIT CONCESSUM. Which wal granted. A phrase in the reports. signifying that an argument or point made was

conceded or acquiesced in by the court