in good faith, to enforce the rights of property which would have been competent to her if the marriage had been valid, and of rendering the children of such marriage legiti

mate.

This species of marriage was not recognized by the civil law: it was introduced by the canon law. It is unknown to the law of the United States, and in England and Ireland. In France it has been adopted by the Code Civil, art. 201, 202. In Scotland the question has not been settled. Burge, Confl. Laws, 151, 152. PUTTING IN FEAR. These words are used in the definition of a robbery from the person: the offence must have been committed by putting in fear the person robbed. Co. 3d Inst. 68; 4 Bla. Com. 243. This is the circumstance which

guishes robbery from all other larcenies. But what force must be used or what kind of fears excited are questions very proper for discussion. The goods must be taken against the will of the possessor.

There must either be a putting in fear or actual violence, though both need not be positively shown, for the former will be inferred from the latter, and the latter is sufficiently implied in the former. For example, when a man is suddenly knocked down, and robbed while he is senseless, there is no fear, yet in consequence of the violence, it is presumed; 2 East, Pl. Cr. 711; 4 Binn. 379; 3 Wash. C. C. 209.

In an indictment for robbery, at common law, it is not necessary to allege a putting in fear in addition to the allegation of force and distin-violence; 7 Mass. 242; 8 Cush. 217.

Q.

QUACK. One who, without sufficient knowledge, study, or previous preparation, undertakes to practise medicine or surgery, under the pretence that he possesses secrets in those arts.

To call a regular physician a quack is actionable. A quack is criminally answerable for his unskilful practice, and also civilly to his patient in certain cases. See MALPRACTICE; PHYSICIAN.

QUÆ EST EADEM (Lat. which is the same). In Pleading. A clause containing a statement that the trespass, or other fact mentioned in the plea, is the same as that laid in the declaration, where from the circumstances there is an apparent difference between the two. 1 Chitty, Pl. *582, Gould, Pl. c. 3, §§ 79, 80; 29 Vt. 455.

The form is as follows: "which are the same assaulting, beating, and ill-treating, the QUADRANS (Lat.). In Civil Law. The said John, in the said declaration mentioned, fourth part of the whole. Hence the heir ex quadrante; that is to say, of the fourth part of the whole.

QUADRIENNIUM UTILE (Lat.). In Scotch Law. The four years of a minor between his age of twenty-one and twentyfive years are so called. During this period he is permitted to impeach contracts made against his interest previous to his arriving at the age of twenty-one years. 1 Bell, Com.

135.

QUADRIPARTITE (Lat.). Having four parts, or divided into four parts: as, this indenture quadripartite, made between A B, of the one part, C D, of the second part, E F, of the third part, and G H, of the fourth part.

QUADROON. A person who is descended from a white person, and another person who has an equal mixture of the European and African blood. 2 Bail. 558. See MU

LATTO.

QUADRUPLICATION. In Pleading. Formerly this word was used instead of surrebutter. 1 Brown, Civ. Law, 469, n.

and whereof the said John hath above thereof complained against the said James." See 1 Saund. 14, 208, n. 2; 2 id. 5 a, n. 3; Arch. Civ. Pl. 217; Comyns, Dig. Pleader (E 31); Cro. Jac. 372.

QUÆRE (Lat.). Query; noun and verb. A word frequently used to denote that an inquiry ought to be made of a doubtful thing. 2 Lilly, Abr. 406. Commonly used in the syllabi of the reports, to mark points of law considered doubtful.

QUÆRENS NON INVENIT PLEGIUM (Lat.). In Practice. The plaintiff has not found pledge. The return made by the sheriff to a writ directed to him with this clause, mamely, si A fecerit B securum de clamore suo prosequando, when the plaintiff has neglected to find sufficient security. Fitz. N. B. 38.

QUÆSTIO (Lat.). In Roman Law. A sort of commission (ad quærendum) to inquire into some criminal matter given to a magistrate or citizen, who was called quæsitor or quæstor, who made report thereon to the senate or the people, as the one or the other appointed

This special tribunal continued in use until the end of the Roman republic, although it was resorted to, during the last times of the republic,

only in extraordinary cases.

The manner in which they were constituted was this. If the matter to be inquired of was within the jurisdiction of the comitia, the senate,

on the demand of the consul, or of a tribune, or of one of its members, declared by a decree that there was cause to prosecute a citizen. Then the consul ex auctoritate senatus asked the people in comitia (rogabat rogatio) to enact this decree into a law. The comitia adopted it, either

simply or with amendment, or they rejected it. The increase of population and of crimes rendered this method, which was tardy at best, onerous, and even impracticable. In the year A. U. c. 604, or 149 B. C., under the consulship of Censorinus and Manilius, the tribune Calpurnius Piso procured the passage of a law establishing a questio perpetua, to take cognizance of the crime of extortion committed by Roman magistrates against strangers de pecuniis repetundis. Cicero, Brut. 27; de Off. ii. 21; in Verr. iv. 25.

QUALITY

affords an example of this species of estate. Littleton, § 254; 2 Bla. Com. 109.

A

QUALIFIED INDORSEMENT. 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.

QUALIFIED PROPERTY. Property not in its nature permanent, but which may sometimes subsist and at other times not subsist. A defeasible and precarious ownership, which lasts as long as the thing is in actual use and occupation: e. g., first, property in animals feræ naturæ, or in light, or air, where the qualified property arises from the nature of the thing; second, property in a thing held by any one as a bailee, where the qualified property arises not from the nature of the thing, but from the peculiar circumstances under which it is held; 2 Bla. Com. 391, 395*; 2 Kent, 347; 2 Woodd. Lect. 385.

Any ownership not absolute.

QUALIFY. To become qualified or fit for any office or employment. To take the necessary steps to prepare one's self for an appointment; as, to take an oath to discharge the duties of an office, to give the bond required of an executor, etc.

Many such tribunals were afterwards established, such as Quæstiones de majestate, de ambitu, de peculatu, de vi, de sodalitiis, etc. 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 judex quæstionis. These tribunals continued a year only; for the meaning of the word perpetuus is non interrup-dition of a person. tus, not interrupted during the term of its appointed duration.

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 dissensions 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.

QUALITY. Persons. The state or con

Two contrary qualities cannot be in the same person at the same time. Dig. 41. 10. 4. Every one is presumed to know the quality of the person with whom he is contracting. In the United States the people are all upon an equality in their civil rights.

In Pleading. That which distinguishes one thing from another of the same kind.

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, etc. The same rule requires that, in an action for an injury to real property, the quality should be shown; Steph. Pl. 214, 215. See, as to the various qualities, The name of a Ayliffe, Pand. [60].

QUÆSTOR (Lat.). magistrate of ancient Rome. It is often allowable to omit from the indictQUALIFICATION. Having the requi-ment, and it is seldom necessary to prove

site qualities for a thing: as, to be president of the United States, the candidate must possess certain qualifications. 64 Mo. 89.

QUALIFIED ELECTOR. A person who is legally qualified to vote. 28 Wisc. 358.

with precision, allegations of quality, or, in other words, those allegations which describe

the mode in which certain acts have been done. with a staff, and the proof is of such an asThus, if the charge is of a felonious assault sault with a stone, or if a wound, alleged to QUALIFIED FEE. One which has a have been given with a sword, is proved to qualification subjoined to it, and which must have been inflicted by an axe, or if a pistol be determined whenever the qualification an- is stated to have been loaded with a bullet, nexed to it is at an end. A limitation to a and it turns out to have been loaded with man and his heirs on the part of his father | some other destructive material, the charge is

493

QUARTO DIE POST (Lat. fourth day after). Appearance-day, which is the fourth day inclusive from the return of the writ; day, it is sufficient. and if the person summoned appears on that On this day, also, the court begins to sit for despatch of business. QUARTER-DOLLAR. A silver coin These three days were originally given as an of the United States, of the value of twenty-indulgence. 3 Sharsw. Bla. Com. 278*; Tidd, New Pr. 134. But this practice is now altered. 15 & 16 Vict. c. 76.

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 Bouvier, Inst. n.

3342.

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. It is in the discretion of the court to quash an indictment or to leave the defendant to a motion in arrest of judgment; 1 Cysh. When the application to quash is made on the part of the defendant, in English practice, the court generally refuses to quash the indictment when it appears some enormous crime has been committed; Comyns, Dig. Indictment (H); Wils. 325; 3 Term, 621; 5 Mod. 13; 6 id. 42; 3 Burr. 1841; Bacon, Abr. Indictment (K).

189.

When the application is made on the part of the prosecution, the indictment will be quashed whenever it is defective so that the defendant cannot be convicted, and the prosecution appears to be bona fide. If the prosecution be instituted by the attorney-general, in some states, enter a nolle prosequi, may, which has the same effect; 1 Dougl. 239, 240. The application should be made before plea pleaded; Leach, 11; 4 State Tr. 232; 1 Hale, 35 Fost. 231; and before the defendant's recognizance has been forfeited; 1 Salk. 380. See CASSETUR BREVE.

he

QUASI-CONTRACTUS

In

(Lat.). Civil Law. 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.

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.

There is no term in the common law which an

swers to that of quasi-contracts; many quasicontracts may doubtless be classed among implied contracts: there is, however, a difference should be paid by mistake to a minor, it may be to be noticed. For example: in case money recovered from him by the civil law, because his consent is not necessary to a quasi-contract ; but by the common law, if it can be recovered, it must be upon an agreement to which the law presumes he has consented, and it is doubtful, upon principle, whether such recovery could be

had.

Quasi-contracts may be multiplied almost to infinity. They are, however, divided into five classes; such as relate to the voluntary and spontaneous management of the affairs of another, without authority (negotiorum gestio); the administration of tutorship; the management of common property (communio bonorum); the acquisition of an inheritance; and the payment of a sum of money or other thing by mistake, when noth

QUASI (Lat. as if, almost). A term used to mark a resemblance, and which sup-ing was due (indebiti solutio). poses a difference between two objects. Dig. Each of these quasi-contracts has an affinity 11. 7. 1. 8. 1. It is exclusively a term of with some contract: thus, the management classification. Prefixed to a term of Roman of the affairs of another without authority, law, it implies that the conception to which it and tutorship, are compared to a mandate; serves as an index is connected with the con- the community of property, to a partnership; ception with which the comparison is insti- the acquisition of an inheritance, to a stipu tuted by a strong superficial analogy or relation; and the payment of a thing which is semblance. It negatives the idea of identity, not due, to a loan. but points out that the conceptions are sufficiently similar for one to be classed as the equal of the other; Maine, Anc. Law, 332. Civilians use the expressions quasi-contractus, quasi-delictum, quasi-possessio, quasitraditio, etc.

QUASI-AFFINITY. In Civil Law. The affinity which exists between two persons, one of whom has been betrothed to the kindred of the other, but who have never been married.

All

tute of reason, who are consequently incapapersons, even infants and persons destible of consent, may be obliged by the quasicontract which results from the act of another, and may also oblige others in their favor; for it is not consent which forms these obligations: they are contracted by the act of another, without any act on our part. The use of reason is indeed required in the person whose act forms the quasi-contract, but it is not required in the person by whom or in whose favor the obligations which result from it are contracted. For instance, if a person undertakes the business of an infant or a lunatic, this is a quasi-contract, which obliges the The history of England furnishes an example infant or the lunatic to the person undertakof this kind. Catherine of Arragon was being his affairs, for what he has beneficially extrothed to the brother of Henry VIII. After

For example: my brother is betrothed to Maria, and afterwards, before marriage, he dies, there then exists between Maria and me a quasiaffinity.

wards, Henry married her, and under the pre-pended, and reciprocally obliges the person to tence of this quasi-affinity he repudiated her, be- give an account of his administration or mancause the marriage was incestuous. agement.