QUOV1S MODO : Lat. In whatever manner. Quum de lucro duorum quseratur, melior est causa possidentis. When the question is as to the gain of two persons, the title of the party in possession is the better one. Dig. 50, 17, 126, 2. Quum in testamento ambigue aut etiam perperam scriptum est, benigne interpretari et secundum id quod credible et cogitatum, credendum est. When iu a will an ambiguous or even an erroneous expression occurs, it should be construed liberally and in accordance with what is thought the probable meaning of the testator. Dig. 34, 5, 24; Broom, Max. 437. Quum principalis causa non consistit ne ca quidem qua; scquuntur locum habent. When the principal does not hold, the incidents thereof ought not to obtain. Broom, Max. 496. Quum quod ago non valet nt ago, valeat quantum valere potest. 1 Vent. 216. When what I do is of no force as to the purpose for which I do it, let it be of force to as great a degree as it can. a. 9S9 RAILWAY R
QUASI CORPORATIONS : Organizations resembling corporations; municipal societies or similar bodies which, though not true corporations in all respects, are yet recognized, by statutes or immemorial usage, as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained, by suits at law. They may be considered quasi corporations, with limited powers, co-extensive with the duties imposed upon them by statute or usage, but restrained from a general use of the authority which belongs to those metaphysical persons by the common law. Scates v. King, 110 111. 456; Adams v. Wise-asset Bank, 1 Me. 361, 1 Am. Dec. 88; Lawrence County v. Railroad Co., 81 Ky. 227; Barnes v. District of Columbia, 91 U. S. 552, 23 L. Ed. 440. This term is lacking in definiteness and precision. It appears to be applied indiscriminately (a) to all kinds of municipal corporations, the word "quasi" being introduced because it is said that these are not voluntary organizations like privat
QUASI EASEMENT : An âeasement,â in the proper sense of the word, can only exist in respect of two adjoining pieces of land occupied by different persons, and can only impose a negative duty on the owner of the servient tenement. Hence an obligation on the owner of land to repair the fence between his and his neighborâs land is not a true easement, but is sometimes called a âquasi easement.â Gale, Easem. 516;
QUANDO A LIQUID MAND : circumstances, natural or adventitious, which are inherently or legally necessary to render him eligible to fill an ollice or to perform a public duty or function. Thus, the ownership of a freehold estate may be made the qualification of a voter; so the possession of a certain amount of stock in a corporation may be the qualification neces- sary to enable one to serve on its board of directors. Cummings v. Missouri, 4 Wall. 310, 18 L. Ed. 350; People v. Palen, 74 Ilun, 289, 26 N. Y. Supp. 225; Hyde v. State, 52 Miss. 665. Qualification for office is "endowment, or accomplishment that fits for an office; having the legal requisites, endowed with qualities suitable for the purpose." State v. Seay, 04 Mo. 89, 27 Am. Rep. 200. Also a modification or limitation of terms or language; usually intended by way of re- striction of expressions which, by reason of their generality, would carry a larger mean- ing than was designed.
QUADRUPLICATE : Lat. In the civil law. A pleading on the part of a defendant corresponding to the rebutter at common law. The third pleading on the part of the defendant. Inst. 4, 14, 3; 3 Rl. Comm. 310. Qua; ab hostibus capinntur, statim ca- picntium fiunt. 2 Burrows, 093. Things which are taken from enemies immediately become the property of the captors. Quae ab initio inntilis fuit institutio, ex post facto convalescere non potest. An institution which was at the beginning of no use or force cannot acquire force from after matter. Dig. 50, 17, 210. Quae ab initio non valent, ex post facto convalcscere non possnnt. Things invalid from the beginning cannot be made valid by subsequent act. Tray. Lat. Max. 482. Quae accessionum locum obtinent, ex- tinguuntur cum principales res peremp- tse fuerint. Things which hold the place of accessories are extinguished when the principal things are destroyed. 2 Poth. Obi. 202; Broom, Max. 496. QU.33 AD UNUM FINEM 971 QU.
QUANTUM VALEBANT : As much as they were worth. In pleading. The common count in an action of assumpsit for goods sold and delivered, founded on an implied assumpsit or promise, on the part of the defendant, to pay the plaintiff as much as the goods were reasonably worth. 3 Bl. Comm. 161; 1 Tidd, Pr. 2.
QUALIFICATION : Quaecunque intra rationem legis in- veniuntur intra legem ipsam esse judi- cantur. Things which are found within the reason of a law are supposed to be within the law itself. 2 Inst. GS9. Quaslibet concessio domini regis cap! debet stricte contra dominum regem, quando potest intelligi duabus viis. 3 Leon. 243. livery grant of our lord the king ought to be taken strictly against our lord the king, when it can be understood in two ways. Quaclibet concessio fortissimo contra donatorem interpretanda est. Every grant is to be interpreted most strongly against the grantor. Co. Litt. 183a. Quaelibct jurisdictio cancellos suos habet. Jenk. Cent. 137. Every jurisdiction has its own bounds. Quaelibct pardonatio debet capi secundum intentionem regis, et non ad deceptionem regis. 3 Bulst. 14. Every pardon ought to be taken according to the intention of the king, and not to the deception of the king. Quaclibet poena corporalis, quamvis minima, major est qualibet poena pecu- niaria. 3 Inst. 220. Eve
QUALIFIED INSTITUTIO : An investor allowed to trade privately securities not offered on the public market. It adds liquidity by getting rid of unmarketable securities. These sales are allowed by the US as long as the contract agreed upon is met.
QUIET POSSESSION : Again the term does not mean with no noise. It means with no interference from another party. Each sale carries the implication that it can be owned without any interference.
Q UNIT : Term used to describe a unit of energy. It is the equivalent of 1 quintillion BTUs. It is the same value of 1000 quad units or 293,000 terra watt hours. It is used for large quantities of BTUs.
Q V : An abbreviation of "quod vide," used to refer a reader to the word, chapter, etc., the name of which it immediately follows.
QUASI PUBLIC CORPORA : This term is sometimes applied to corporations which are not strictly public, in the sense of being organized for governmental purposes, but whose operations contribute to the comfort, convenience, or welfare of the general public, such as telegraph and telephone companies, gas, water, and electric light companies, and irrigation companies. More commonly and more correctly styled "publicservice corporations." See Wiemer v. Louisville Water Co. (C. C.) 130 Fed. 251; Cumberland Tel. Co. v. Evansville (C. C.) 127 Fed. 1S7; McKiin v. Odom, 3 Bland (Md.) 419; Campbell v. Watson, 62 N. J. Eq. 396, 50 Atl. 120.
QUADRIENNIUM UTILE : In Scotch law. The term of four years allowed to a minor, after his majority, iu which he may by suit or action endeavor to annul any deed to his prejudice, grauted during his minority. Bell.
Q VICARAGE : In English ecclesiastical law. The living or benefice of a vicar, as a parsonage is of a parson. 1 Bl. Comm. 387, 388.
Q (KYU) : A unit used to measure the typographic distance. It is only used in some countries. It is the equivalent of 0.25 millimetres or 0.71 of a point. It is used mainly in Germany.
QUI TAM : Lat. "Who as well ." Au actiou brought by au informer, uuder a statute which establishes a peualty for the commission or oniissiou of a certain act, aud provides that the same shall be recoverable iu a civil action, part of the penalty to go to any person who will bring such action and the remainder to tlie state or some other institution, is called a "qui tain action;" because the plaintiff states that he sues as well for the state as for himself. See lu re Barker, 50 Vt. 14; Grover v. Morris, 73 N. Y. 478. Qui tardius solvit, minus solvit. He who pays more tardny Lilian he ought] pays less [than he ought.] Jeuk. Cent. 58. Qui timent, cavent vitant. They who fear, take care aud avoid. Branch, Princ. Qui totum dicit nihil excipit. lie who says all excepts uothing. Qui vult decipi, decipiatur. Let him who wishes to be deceived, be deceived. Brooui, Max. 782, note; 1 De Cex, M. & G. 087, 710; Shep. Touch. 50.
QUADRARIUM : In old records. A stone-pit or quarry. Cowell.
QUOD NULLUM EST : Qnod !n jure scripto "jus" appcllatur, id ill lege Anglise "rectum" esse dicitur. What in the civil law is called "jus," in the law of England is said to be "rcctum," (right) Co. Litt. 200; Fleta, 1. 0, c. 1,
QUANTIFICATION : A number that is given to a subjective aspect of a phenomenom or object. It uses an arbitary scale to measure the attributes and characteristics that are exhibited by the object or phenomenom.
QU^ESTIONES PERPETUA : in Roman law. were commissions (or courts) of in- quisition into crimes alleged to have been committed. They were called "perpetua:," to distinguish them from occasional inquisitions, and because they were permanent courts for the trial of offenders. Brown.
QUALIFIED ELECTRIC V : A new vehicle that has to meet the requirements to qualify. It must have 4 wheels, an electric motor that runs on rechargeable fuel cells or batteries, and have been driven mainly on roads in the US. It attracts a non-refundable tax credit in the US.
QUALITY PLAN : A document generated that lists the activities and practices that are required in order to create a quality product from its quality policy. It will use a time frame that needs to be met by a product in order to meet therequired standards of a product.
QUIETUS : In old English law. Quit; acquitted; discharged. A word used by the clerk of the pipe, and auditors in the exchequer, in their acquittances or discharges given to accountants; usually concluding with an abinde reeessit quietus, (hath gone quit there- of,) which was called a "quietus est." Cowell. In modern law, the word denotes an acquittance or discharge; as of an executor or administrator, (White v. Ditson, 140 Mass. 351, 4 N. E. 606, 54 Am. ltep. 473,) or of a judge or attorney general, (3 Mod. 99.)
QUiERE : A query; question; doubt This word, occurring in tbe syllabus of a reported case or elsewhere, shows that a question is propounded as to what follows, or that the particular rule, decision, or statement is considered as open to question. Quaere de dubiis, quia per rationes pervenitur ad le^timam rationem. Inquire into doubtful points, because by reasoning we arrive at legal reason. Litt i 377.
QNASI CONTRACTS : In the civil law. A contractual relation arising out of transactions between the parties which give them mutual rights and obligations, but do not involve a specific and express convention or agreement between them. Keener, Quasi Contr. 1; Brack- ett v. Norton, 4 Conn. 524. 10 Am. Dec. 179; People v. Speir, 77 N. Y. 150; Willard v. Doran, 48 Hun. 402. 1 N. Y. Supp. 588; Mc- Sorley v. Faulkner (Com. PI.) 18 N. Y. Supp. 400; Railway Co. v. Gaffney, 65 Ohio St. 104, 61 N. El 153. Quasi contracts are the lawful and purely voluntary acts of a man, from which there results any obligation whatever to a third person, and sometimes a reciprocal obligation between the parties. Civ. Code La. art. 2293. Persons who have not contracted with each other are often regarded by the Roman law. under a certain state of facts, as if they had actually concluded a convention between themselves. The legal relation which then takes place between these persons, which has always a similarity to a contract obliga
Q T : An abbreviation of "qui tarn," (q. v.)
QUADRAGESIMALS : Offerings formerly made, on Mid-Lent Sunday, to the mother church.
Q WAY-GOING CROP : A crop of grain sown by a tenant for a term certain, during histenancy, but which will not ripen until after tlie expiration of his lease; to this, bycustom in some places, the tenant is entitled.
QUATUOR PEDIBUS CURR : Lat It runs upon four feet; it runs upon all fours. See ALI>FOUBS.
QUATUORVIRI : In Roman law. Magistrates who had the care and inspection of roads. Dig. 1, 2, 3, 30.