Page:Black's Law Dictionary (Second Edition).djvu/993

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QUOD IN JURE SCRIPTO

Quod in jure ncripto “jun” appellatur, id in lege Angllae “rectum” ease dieitur-. What in the civil law is called "jaw." in the law of England is said to be “rcctum," (right) Co. Lltt 200; I-‘let-1. 1. 6, c. 1, 5 1.

Qflod in minori valet vnlehit in run- jori; et quad in mnjori non valet neo vnlehit in minori. (Jo. Litt. 26011. That which is valid in the less shall be valid in the greater; and that which is not valid in the greater shall neither be valid in the less.

Quad in uno similinin valet vzflehit in alter-o. That which is effectual in one of two like things shall he effectual in the other. Co. Litt. 191a.

Qllod hlconsulto feeimus, consultiul revocemua. Jenii. Cent. llli. W'li:1t we

have done without due consideration. upon better consideration we may revoke.

Quod iuitio vitiosum est non potest tractu tempo:-is eonvalescex-e. That which is void from the beginning cannot become valid by lapse of time. Dig. 50, 17, 20.

Quad ipsis qui eontraxerunt obstat, et lucuessoribus eorum obstuhit. That which bars those who have made a contract will bar their successors also. Dig. 50, 17, 1%.

QUOD JUSSU. Lat In the civil law. The name of an action given to one who h.id contiacred with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement Halli- fax, Civil Law, b. 3, c. 2, no. 3; Inst. 4, 7, .‘L

Quod jussu altering uolvitu.-r pro en elt quasi ipsi sclutum esset. That which is paid by the order of another is the same as though it were paid to himself. Dig. 50, 17. 180.

Quad uieum est sine fueto uieo vel de- lectu uieo eiuitti we] in nlium transfer:-i non potent. That which is mine cannot be lost or transferred to another without my alienation or forfeiture. Broom, Max. 463.

Quad uieum est sine me uuferri non pntelt. That which is mine cannot be taken away without me, [without my assent] Jenk. Cent p. 251, case 41.

Quad minus est in obligationeui videtur deductum. That which is the less is held to be imported into the contract; (e. 17.. A otters to hire B.‘s house at six hundred dollars, at the same time B. oifers to iet it for five hundred doilnrs; the contract is for five hundred dollars.) 1 Story. Cont. 481.

Quod natui-3.11: ratio inter omnes homi- nel constituit, vocntur jun gentium. That which natural reason has established

985

QUOD NULLUM EST

among all men is called the “law of nations.” 1 Bl. Comm. 43; Dig. 1, 1, 9; Inst 1, 2, L

Quod neeessarie intelligitur non sheet. 1 Bulst. 71. That which is necessarily understood is not wanting.

Quod necessitsl cogit, defeudit. Hale, P. C. 54. That which necessity compels, it justifies.

Quad non npparet non tent; et non uppin-et judicialiter ante a'ut1iciu.rn. 2 IusL -.179. That which appears not is not; and nothing appears judicially before judgment

Quod non eapit Christur, capit flsmis. What Christ [the church] does not take the treasury takes. Goods of a fclo de se go to the A maxim in old English law. Yearb. P. 19 Ben. VI. 1.

QUOD NON FUIT NEGATUM. Which was not denied. A phrase tound in the old reports, signifying that an aiguuient or proposition was not denied or controverted by the court. Latch. 213.

Quad non habet pr-incipium non helmet finem. W'1'1i,g. Max 79; C0. Litt. 3-Kill. That which has not beginning has not end.

Quod non legitur, non ex-editur. What is not read is not believed. 4 Coke. 304.

Quad non valet in pi-ineipali, in sccessax-io seu conaequenti non valebit; et quad non valet in magi: propxuquo non valebit in magi: tomato. 8 Cake, 78. That which is not good against the princi- pal will not be good as to accessories or consequences; and that which is not of force in regard to things near it will not be of force in regard to things remote from it.

QUOD NOTA. Which note; which min-ls. A reporter's note in the old books, directing attention to a point or rule. Dyer, 23.

Quad nullius ease potent id ut E.1iK3Il- jus fleret nulls obligatio valet eflicere. No agreement can aniii to make that the property of any one which cannot be ac- quired as property. Dig. 50, 17, 152.

Quad nullius est, est domini regis. That \vhich is the property of nobody belongs to our lord the king. Fleui, mi. 1, c. .5; Broom. Max. 854.

Quad nullius est, id 1-utione naturali oeeupanti coneeditui-. That which is the property of no one is, by nzltnrai reason, given to the [first] occupant Dig. -11, l. 3; lost. 2, 1. 12. Adopted in the common law. 2 BL Comm. 258.

Quad nullurn est, nulllun producit effectum. That which is null produces no

effect. Tray. leg. Max. 519.