Page:Black's Law Dictionary (Second Edition).djvu/994

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Quod omnes tang-it an omnibus debet supports:-i. That which touches or cocnerns all ought to be supported by all. 3 How. State Tr. 818, 1087.

QUOD I-‘ARTES REPLACITENT. That the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 579.

QUOD PARTITIO FIAT. That partition he made. The name of the judgment in a suit for partition, directing that a partition he eifected.

Quad pendet non est pro eo quasi sit. What IS in suspense in considered as not ex- isting during such suspense. Dig. 50, 17, lU9, 1.

Quad per ma non pounm, nee per alium. What 1 cannot do by myself, I cannot by another. 4 Cake, 240,- 11 Coke. 87¢.

Quoi! per recorduzu prohatnm_ non de- bet ease negatmn. What is proved by record ought not to be denied.

QUOD PERMITTAT. That he permit. In old English law. A writ which lay for the heir or him that was disseised of his common of pasture, against the heir of the disseisor. Colvell.

QUOD PERMITTAT PROSTEENEFLE. That he permit to abate. In old practice. A writ, in the nature of a writ of right, which lay to abate a nuisance. 3 Bl. Comm. 221. And see Conhocton Stone Road v. Buffalo, etc, R. Co., 51 N. Y. 579, 10 Am. Rep. (H6; Powell v. Furniture 00., 34 W. Va. 804. 12 S. E. 1085, 12 L. R. A. 53; Miller v. True- hart, 4 Leigh (Va.) 577.

QUOID PERSONA NBC PREBEN. DARII, elm. A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat. Brev. 175. Obsolete.

Quad poplllul postremnm jussit, id in: ratnm esto. What the people have last enacted, let that be the estabiished law. A hiw of the Twelve Tables, the principle of which is still recognized. 1 Bl. Comm. 89.

Quad prinuunn est intentione ultimum est in operations. That which is first in intention is last in operation. Bac. Max.

Quad principi plscuit legil habet vigo- rem. That which has pleased the prince has the force of law. The emperor's pleasure has the force of law. Dig. 1, 4, 1; Inst 1. 2, 6. A celebrated maxim of imperial law.

Quad prius est vex-ins out; etc quad prius est tempo!-e potius est jure. Co. Litt. 347. What is first is true; and what is first in time is better in law.



Quad pro minute licitnm est et pro majors liflitllliiil est. 3 (Jolie, 43. That which is iawlui as to the minor is lawful In to the major.

QUOD PROSTRAVIT. That he do abate. The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.

Quad pure dehetur px-sesenti die debe- hu-. That which is due uucondiiionally is due now. Tray. Leg. Max. 519.

Quad quiz ex eulpn ma dnmnnm sentit non intelligitur dnmnum sentire. The damage which one experiences from his own fault is not considered as his damage. Dig. 50, 11, 203.

Quail quiz sciens indebitunn debit hae mente, ut pastes repetex-et, repetere non potent. That willch one has given. knowing it not to be due, with the intention of re demanding it, he cannot recover buck. Dig 12, 6, 50.

Quad quilquis norit in 1106 so exercent. Let every oue employ himself in what he knows. 11 Coke, 10.

QUOD RECUPERE1‘. That he recover The ordinary form of judgments for the pisintiii“ in actions at law. 1 Archb. Pr. K. B. 2- ; 1 Burrill, Pr. 2-16.

Quoi! remedio ilestituitut ipsn re valet Ii oulpn, ahsit. That which is without rem- edy avails of itself, if there be no fauit In the party seeking to enforce it. Broom. Max. 2i2.

Quail aemel nut his existit praaternut legislatures. Legislators pass over what happens [only] once or twice Dig. 1, 3, 6. Broom, Max. 46.

Quad semsl menm est mnpliu: menm esse non potent. C0. Litt. 490. What IE once mine cannot be more fully mine

Quad semel plaeuit in electione, anu- plius displioere nun potest. Co. Litt. 146. What a party has once determined, in a case where he has an election, cannot afterwards be disavowed.

QUOD SI CONTINGAT. That if it I]:Ip— pen. Wolds ii) which a condition might formerly be created in a deed. Litt. E 330.

Quad sub oerta fauna. cuncessuqn val resoxwatum est 1101: trahitur ad valorem vsl eompensatione-m. That \\ hich is granted or reserved under a Ceztain form is not [permitted to be] drawn into valuation or compensation. Bac. Max 26, reg. 4. That which is granted or reserved in a certain

specified form must be taken as It is grant-