magistrates against strangers de pecuniis repetundis. Cic. Brut. 27. De Off. II., 21; In Verr. IV. 25.

4. Many such tribunals were afterwards established, such as Quæstiones de majestate, de ambitu, de peculatu, de vi, de sodalitiis, &c. Each was composed of a certain number of judges taken from the senators, and presided over by a prætor, although he might delegate his authority to a public officer, who was called juder quæstionis. These tribunals continued a year only; for the meaning of the word perpetuus is (non interruptus,) not interrupted during the term of its appointed duration.

5. The establishment of these quæstiones, deprived the comitia of their criminal jurisdiction, except the crime of treason; they were in fact the depositories of the judicial power during the sixth and seventh centuries of the Roman republic, the last of which was remarkable for civil dissentions, and replete with great public transactions. Without some knowledge of the constitution of the Quæstio perpetua, it is impossible to understand the forensic speeches of Cicero, or even the political history of that age. But when Julius Cæsar, as dictator, sat for the trial of Ligarius, the ancient constitution of the republic was in fact destroyed, and the criminal tribunals, which had existed in more or less vigor and purity until then, existed no longer but in name. Under Augustus, the concentration of the triple power of the consuls, pro-consuls and tribunes, in his person transferred to him, as of course, all judicial powers and authorities.

QUESTOR. The name of a magistrate of ancient Rome.

QUAKERS. A sect of Christians.

2. Formerly they were much persecuted on account of their peaceable principles, which forbade them to bear arms, and they were denied many rights because they refused to make corporal oath. They are relieved in a great degree from the consequent penalties for refusing to bear arms; and their affirmations are everywhere in the United States, as is believed, taken instead of their oaths.

QUALIFICATION. Having the requisite qualities for a thing; as, to be president of the United States, the candidate must possess certain qualifications. See President of the United States.

QUALIFIED. This term is frequently used in law. A man has a qualified pro

perty in animals feræ naturæ, while they remain in his power, but, as soon as they regain their liberty, his property in them is lost. A man has a qualified right to recover property of which he is not the owner, but which was unlawfully taken out of his possession. But this right may be defeated by the owner bringing a suit or claiming the property. Vide Animals; Trover.

QUALIFIED FEE, estates. One which has a qualification subjoined to it, and which must be determined whenever the qualification annexed to it is at an end. A limitation to a man and his heirs on the part of his father, affords an example of this species of estate. Litt. § 254; 2 Bouv. Inst. n. 1695.

QUALIFIED INDORSEMENT. A transfer of a bill of exchange or promissory note to an indorsee, without any liability to the indorser; the words usually employed for this purpose, are sans recours, without recourse. 1 Bouv. Inst. n. 1138.

QUALITY, persons. The state or condition of a person.

2. Two contrary qualities cannot be in the same person at the same time. Dig. 41, 10, 4.

3. Every one is presumed to know the quality of the person with whom he is contracting.

4. In the United States, the people happily are all upon an equality in their civil and political rights.

QUALITY, pleading. That which distinguishes one thing from another of the same kind.

2. It is in general necessary, when the declaration alleges an injury to the goods and chattels, or any contract relating to them, that the quality should be stated; and it is also essential, in an action for the recovery of real estate, that its quality should be shown; as, whether it consists of houses, lands, or other hereditaments, whether the lands are meadow, pasture or arable, &c. The same rule requires that, in an action for an injury to real property, the quality should be shown. Steph. Pl. 214, 215. Vide, as to the various quali| ties, Ayl. Pand. [60.]

QUAMDIU SE BENE GESSERIT. As long as he shall behave himself well. A clause inserted in commissions, when such instruments were written in Latin, to signify the tenure by which the officer held his office.

QUANDO ACCIDERINT, pleading,

practice. When they may happen. When | is called an assumpsit on a quantum meruit. à defendant, executor, or administrator 2 Bl. Com. 162, 3; 1 Vin. Áb. 346; 2 Phil. pleads plene administravit, the plaintiff may Ev. 82. pray to have judgment of assets quando acBull. N. P. 169; Bac. Ab. Ex

QUANTUM DAMNIFICATUS, equity practice. An issue directed by a court of equity to be tried in a court of law, to ascertain by a trial before a jury, the amount of damages suffered by the non-performance of some collateral undertaking which not. a penalty has been given to secure. When 3. To break the quarantine without such damages have thus been ascertained, legal authority is a misdemeanor. 1 Russ. the court will grant relief upon their payon Cr. 133. ment. Jer. on Jur. 477; 4 Bouv. Inst. n. 3913.

QUANTUM MERUIT, pleading. As much as he has deserved. When a person employs another to do work for him, without any agreement as to his compensation, the law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve or merit. In such case the plaintiff may suggest in his declaration that the defendant promised to pay him as much as he reasonably deserved, and then aver that his trouble was worth such a sum of money, which the defendant has omitted to pay. This 2. In some, perhaps all the states of the

king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, &c. then to summon, &c. the defendants so that they be and appear, &c. F. N. B. 74.

QUARE OBSTRUXIT. The name of a writ formerly used in favor of one who having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the owner of the grounds had obstructed the way. T. L.

United States, provision has been expressly | certain persons by name to permit him, the made by statute securing to the widow this right for a greater or lesser space of time. In Massachusetts, Mass. Rev. St. 411, and New York, 4 Kent, Com. 62, the widow is entitled to the mansion house for forty days. In Ohio, for one year, Walk. Intr. 231, 324. In Alabama, Indiana, Illinois, Kentucky, Missouri, New Jersey, Rhode Island and Virginia, she may occupy till dower is as signed; in Indiana, Illinois, Kentucky, Missouri, New Jersey and Virginia, she may also occupy the plantation or messuage. In Pennsylvania the statute of 9 Hen. III., c. 7, is in force, Rob. Dig. 176, by which it is declared that "a widow shall tarry in the chief house of her husband forty days after his death, within which her dower shall be assigned her." In Massachusetts the widow is entitled to support for forty days; in North Carolina for one year.

3. Quarantine is a personal right, forfeited by implication of law, by a second marriage. Co. Litt. 32. See Ind. Rev. L. 209; 1 Virg. Rev. C. 170; Ala. L. 260; Misso. St. 229; Ill. Rev. L. 237; N. J. Rev. C. 397; 1 Ken. Rev. L. 573. See Bac. Ab. Dower, B; Co. Litt. 32, b; Id. 34, b; 2 Inst. 16, 17.

QUARE, pleadings. Wherefore.

2. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory; and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill. Bac. Ab. Pleas, B 5, 4; Gould on Pl. c. 3, § 34.

QUARE CLAUSUM FREGIT. Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plaintiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration. See Close; Trespass.

QUARE EJECIT INFRA TERMINUM. Wherefore did he eject within the term. The name of a writ which lies for a lessee, who has been turned out of his farm before the expiration of his term or lease, against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment. 3 Bl. Com. 207.

QUARE IMPEDIT, Eng. eccl. law. The name of a writ directed by the king to the sheriff, by which he is required to command

QUARREL. A dispute; a difference. In law, particularly in releases, which are taken most strongly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal. 8 Co. 153.

QUARRY. A place whence stones are dug for the purpose of being employed in building, making roads, and the like.

2. When a farm is let with an open quarry, the tenant may, when not restrained by his contract, take out the stone, but he has no right to open new quarries. Vide Mines; Waste.

QUART, measures. A quart is a liquid measure containing one-fourth part of a gallon.

QUARTER. A measure of length, equal to four inches. Vide Measure.

TO QUARTER. A barbarous punishment formerly inflicted on criminals by tearing them to pieces by means of four horses, one attached to each limb.

QUARTER DAY. One of the four days of the year on which rent payable quarterly becomes due.

QUARTER DOLLAR, money. A silver coin of the United States of the value of twenty-five cents.

2. It weighs one hundred and three and one-eighth grains. Of one thousand parts, nine hundred are of pure silver and one hundred of alloy. Act of January 18, 1837, s. 8 and 9, 4 Sharsw. L. U. S. 2523, 4. Vide Money.

QUARTER EAGLE, money. A gold coin of the United States of the value of two dollars and a half.

2. It weighs sixty-four and one-half grains. Of one thousand parts, nine hundred are of pure gold, and one hundred of alloy. Act of January, 18, 1837, s. 8 and 10, 4 Sharsw. cont. of Story's L. U. S. 2523, 4. Vide Money. QUARTER SEAL.

The seal kept by the

QUARTER SESSIONS. A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly or once in three months.

director of the chancery in Scotland is so | part of the prosecution, the indictment will called. It is in the shape and impression be quashed whenever it is defective so that of the fourth part of the great seal. Bell's the defendant cannot be convicted, and the Scotch Law Dict. h. t. prosecution appears to be bona fide. If the prosecution be instituted by the attorney general, he may, in some states, enter a nolle prosequi, which has the same effect. 1 Dougl. 239, 240. The application should be made before plea pleaded; Leach, 11; 4 St. Tr. 232; 1 Hale, 35; Fost. 231; and before the defendant's recognizance has been forfeited. 1 Salk. 380. Vide Cassetur Breve.

2. The English courts of quarter sessions were erected during the reign of Edward III. Vide Stat. 36 Edward III.; Crabb's Eng. L. 278.

QUARTER YEAR. In the computation of time, a quarter year consists of ninety-one days. Co. Litt. 135 b; 2 Roll. Ab. 521, 1.40; Rev. Stat. of N. Y. part 1, c. 19, t. 1, § 3.

QUASI. A Latin word in frequent use in the civil law, signifying as if, almost. It marks the resemblance, and supposes a little difference between two objects. Dig. b. 11, t. 7, 1. 8, § 1. Civilians use the expressions quasi-contractus, quasi-delictum, quasi-possessio, quasi-traditio, &c.

QUARTERING OF SOLDIERS. The constitution of the United States, Amendm. art. 3, provides that "no soldier shall in time of peace be quartered, in any house, QUASI-AFFINITY. A term used in the without the consent of the owner, nor in civil law to designate the affinity which time of war but in a manner to be pre-exists between two persons, one of whom scribed by law." By quartering is understood boarding and lodging or either. Encycl. Amer. h. t.

QUARTEROON. One who has had one of his grand parents of the black or African race.

QUARTO DIE POST. The fourth day inclusive after the return day of the writ is so called. This is the day of appearance given er gracia curiæ.

TO QUASH, practice. To overthrow or

annul.

2. When proceedings are clearly irregular and void the courts will quash them, both in civil and criminal cases: for example, when the array is clearly irregular, as if the jurors have been selected by persons not authorized by law, it will be quashed. 3 Bouv. Inst. n. 3342.

3. In criminal cases, when an indictment is so defective that no judgment can be given upon it, should the defendant be convicted, the court, upon application, will in general quash it; as if it have no jurisdiction of the offence charged, or when the matter charged is not indictable. 1 Burr. 516, 543; Andr. 226. When the application to quash is made on the part of the defendant, the court generally refuses to quash the indictment when it appears some enormous crime has been committed. Com. Dig. Indictment, H; Wils. 325; 1 Salk. 372; 3 T. R. 621; 6 Mod. 42; 3 Burr. 1841; 5 Mod. 13; Bac. Abr. Indictment, K. When the application is made on the

has been betrothed to the kindred of the other, but who have never been married. For example, my brother is betrothed to Maria, and, afterwards, before marriage he dies, there then exists between Maria and me a quasi-affinity.

2. The history of England furnishes an example of this kind. Catherine of Arragon was betrothed to the brother of Henry VIII. Afterwards Henry married her, and, under the pretence of this quasi affinity, he repudiated her, because the marriage was incestuous.

QUASI-CONTRActus. A term used in the civil law. A quasi-contract is the act of a person, permitted by law, by which he obligates himself towards another, or by which another binds himself to him, without any agreement between them.

2. By article 2272 of the Civil Code of Louisiana, which is translated from article 1371 of the Code Civil, quasi-contracts are defined to be "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." In contracts, it is the consent of the contracting parties which produces the obligation; in quasi-contracts no consent is required, and the obligation arises from the law or natural equity, on the facts of the case. These acts are called quasi-contracts, because, without being contracts, they bind the parties as contracts do.