Page:Black's Law Dictionary (Second Edition).djvu/991

Rh

adj. Clear; discharged; free; also spoken of persons absolved or acquitted of a charge

QUITCLAIM, 1:. In conveyancing. To release or relinquish a claim; to execute ii deed of quitclaim. See QUITCLAIM, n.

QUITCLAIM, n. A release or acquittance given to one man by another. in respect of any action that he has or might have against him. Also acquitting or giving up one‘,s claim or title. Ternies de la Ley; Cow- ell -—Quitc1s.im dead. A deed of conveyance op- erniing by way of release: that is, intcndrd to pass any title, interest, or ciaim which the grantor may have in the premises, but not professing that such title is valid. nor containing any warranty or covenants for title. See Iloyt v. Ketchnm. 54 Conn. 60, 5 Ati. 606: Chew v. Kellsr. 171 M0. 215, 71 S. W’. 172: E-1y v. Slannard. 44 Conn. 528; Martin v. Morris, 62 Wis. 418. 22 N. W’. 525; Uiley v. Fee, 33 Kan. 683, 7 Pac. 555.

QUITRENT. Certain established renta of the freehuidcrs and ancient copyholdcrs of umunrs are denominated "quitrents." because thereby the tenant goes quit and free of all other services. 3 Cruise, Dig. 314.

QUITTANCE. An abbreviation of "ac- qulttance;" a release, (q. 1:.)

13110 ANIMO. Lat. With what intention or motive. Used sometimes as a suhstan- IIVO in lieu of the single word "wmmus," design or motive. "The gun unimo is the real subject of inquiry." 1 Kent, Comm. 77.

9110 JURE. Lat. In old English practice. A writ which lay for one that had Land in which another claimed common, to compel the latter to show by what mic he claimed it. Cowcll; Fitzh. Nat. Brev. 128, F.

13110 ligiitui-, ea djssolvitur. 2 Rolls, 21. By the same mode by which a thing is bound, by that is it released.

QUO MINUS. Lat. A writ upon which aii proceedings in the court of excliequer were formerly grounded. in it the plaintiff suggests that he is the king's debtor, and that the defendant has done him the injury or damage compiaincd of, qua minus sufficicna emisiit, by which he is less able to pay the king's debt. This was originaily requisite in order to give jurisdiction to the court of ex- cliequer; but now this suggestion is a mere form 3 Bl. Comm. 46.

Also, a writ which lay for him who had a grant of house-hote and hay-bote i.n another’s woods. against the grantor msiiing such waste as that the grantee could not enJo_v his grant. Old Nat. Brev. 148.

Qua modo quid coustituitur eodem mndo djssolvitur. Jenk Cent. 74. In the shine manner by which anything is constituted by that it is dissolved.

983

QUOD ZEDIFICATUR IN AREA

QUO WARRANTO. In old English practice. A writ, in the nature of a writ of right for the liing. against him who claimed or usurped any office, franchise, or liberty, to inquire by what authority he supported his claim, in order to deterninie the right. It lay also in case of non-user, or long neg- iect of a franchise, or niisuser or abuse of it: being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it. or having forfeited it by neglect or abuse. 3 Bl. Comm. 262.

In England, and quite generally throughout the United States, this writ has given place to an "iiiforniation in the nature of a quo warnmfo," which, though in form a criminal proceeding, is in etfect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to .1 cuniurate or other fi':inr:lii.<e, or to a public or corporate office. See Ames v. Kansas, 111 U. S. 449. 4 Sup. Ct. 431, 28 L. Ed. 482; People v. Londoner, 13 C010. 303, 22 Pac. 784, 6 L. R. A. 444; State v. Owens, 63 Tex. 270; State v. Gleason, 12 Flu. 190; State v. Kearn. 17 R. I. 891. 22 Atl. 1018.

QUOAD I-IOC. Lat. As to this: with respect to this; so far as this in particular is concerned.

A prohibition quoad Two is a prohibition as to certain things among others. Thus. where a party was complained against in the ecclesiastical court for matters cognizabie in the temporal courts, a prohibition qmuzd these matters issued, 4. e., as to such matters the party was prohibited from prosecuting his suit in the ecclesiastical court. Brown. QUOAD SACRA. Lat As to sacred thi_ngs; for religious purposes.

Quucnmque modo velit: quocumqus modo possit. In any ‘Way he wishes; in any way he can. Glason v. Bailey, 14 Johns. (N. Y.) 484, 492.

Quad 3 quoqus poeusa uomine exaotum est ii! eidein restituere nemo cogitur. That which has been exacted as a penalty no one is obliged to restore. Dig. 50, 17, 46.

Quad ab initio non valet in tractu tampon-is non couvalesoet. That which is bad in its commencement improves not by lapse of time. Broom, Max. 178; 4 Coke, 2.

Quad ad in: naturals attinet omnes liomiues sequmles aunt. All men are equzii as far as the natural law is concerned. Dig. 50. 17. 32

Quad mdificatur in area legata cedit legato. Whatever is built on ground given by will goes to the legatee. Broom. Max 424.