QUACK. One, who, without sufficient knowledge, study or previous
preparation, and without the diploma of some college or university, undertakes
to practice medicine or surgery, under the pretence that he possesses secrets in
2. He is criminally answerable for his unskilful practice, and also, civilly
to his patient in certain cases. Vide Mala praxis; Physician.
QUADRANS, civil law. The fourth part of the whole. Hence the heir
exquad rante; that is to say, the fourth-part of the whole.
QUADRANT. In angular measures, a quadrant is equal to ninety degrees.
QUADRIENNIUM UTILE, Scotch law. The four years of a minor between his
age of twenty-one and twenty-five years, are so called.
2. During this period he is permitted to impeach contracts made against his
interest previous to his arriving at the age of twenty-one years. Ersk. Prin. B.
1, t. 7, n. 19; 1 Bell's Com. 135, 5th ed.; Ersk. Inst. B. 1, t. 7, s. 35.
QUADRIPARTITE. 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 P, 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 Bailey,
558. Vide Mulatto.
QUADRUPLICATION, pleading. Formerly this word was used instead of
surrebutter. 1 Bro. Civ. Law, 469, n.
QUAE EST EADEM, pleading. Which is the same.
2. When the defendant in trespass justifies, that the trespass justified in
the plea is the same as that complained of in the declaration; this clause is
called quae est eadem. Gould. Pl. c. 3, s. 79, 80.
3. The form is as follows: "which are the same assaullting, heating and
ill-treating, the said John, in the said declaration mentioned, and whereof the
said John hath above thereof complained against the said James." Vide 1 Saund.
14, 208, n. 2; 2 Id. 5 a, n. 3; Archb. Civ. Pl. 217.
QUAERE, practice. A word frequently used to denote that an inquiry
ought to be made of a doubtful thing. 2 Lill. Ab. 406.
QUAERENS NON INVENIT PLEGIUM, practice. The plaintiff has not found
pledge. The return made by the sheriff to a writ directed to him with this
clause, namely, si A facerit B securum de clamore suo prosequando, when the
plaintiff has neglected to find sufficient security. F. N. B. 38.
QUAESTIO, Rom. civ. law. A sort of commission (ad quaerendum) to
inquire into some criminal matter given to a magistrate or citizen, who was
called quaesitor or quaestor who made report thereon to the senate or the
people, as the one or the other appointed him. In progress, he was empowered
(with the assistance of a counsel) to adjudge the case; and the tribunal thus
constituted, was called quaestio. 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.
2. The manner in which such commissions 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.
3. 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. Cic. Brut. 27. De Off.. II., 21; In Verr. IV.
4. Many such tribunals were afterwards established, such as Quaestiones 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 preator, although he might delegate his authority to a public officer,
who was called judex quaestionis. 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 quaestiones, 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 Quaestio perpetua, it is impossible to understand the
forensic speeches of Cicero, or even the political history of that age. But when
Julius Caesar, 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.
QUAESTOR. 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
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 hag a qualified
property in animals ferae naturae, 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 bring 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 Iimitation 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.
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
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 qualities,
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 ACCIDERENT, pleading, practice. When they may happen. When a
de-fendant, executor, or administrator pleads plene administravit, the plaintiff
may pray to have judgment of assets quando acciderint. Bull. N. P. 169; Bac. Ab.
2. By taking a judgment in this form the plaintiff admits that the defendant
has fully administered to that time. 1 Pet. C. C. R. 442, n. Vide 11 Vin. Ab.
379; Com. Dig. Pleader, 2 D 9.
QUANTI MINORIS. The name of a particular action in Louisiana. An
action quanti minoris is one brought for the reduction of the price of a thing
sold, in consequence of defects in the thing which is the object of the
2. Such action must be commenced within twelve months from the date of the
sale, or from the time within which the defect became known to the purchaser. 3
Mart. N. S. 287 11 Mart. Lo. R. 11.
QUANTITY, pleading. That which is susceptible of measure.
2. It is a general rule that, when the declaration alleges an injury to goods
and chattels, or any contract relating to them, their quantity should be stated.
Gould on Pl. c. 4, 35. And in actions for the recovery of real estate, the
quantity of the land should be specified. Bract. 431, a; 11 Co. 25 b, 55 a;
Doct. Pl. 85, 86; 1 East, R. 441; 8 East, R. 357; 13 East, R. 102; Steph. Pl.
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 a penalty has been given to secure. When such damages have thus been
ascertained the court will grant relief upon their payment. 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 lawimplies a promise from, the employer to the workman that he
will pay him for his services, as much as be 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
sucli a sum of money, which the defendant has omitted to pay. This is called an
assumpsit on a quantum meruit. 2 Bl. Com. 162, 3 1 Vin. Ab. 346; 2 Phil. Ev.
2. When there is an express contract for a stipulated amount and mode of
compensation for services, the plaintiff cannot abandon the contract and resort
to an action for a quantum meruit on an implied assumpsit. 18 John. R. 169; 14
John. R. 326; 10 Serg. & Rawle, 236. Sed vide 7 Cranch, 299; Stark. R. 277;
S., C. Holt's N. P. 236; 10 John. Rep. 36; 12 John. R. 374; 13 John. R. 56, 94,
359; 14 John. R. 326; 5 M. & W. 114; 4 C. & P. 93; 4 Sc. N. S. 374; 4
Taunt. 475; 1 Ad. & E. 333; Addis. on Contr. 214.
QUANTUM VALEBAT, pleading. As much as it was worth. When goods are
sold, without specifying any price, the law implies a promise from the buyer to
the seller that he will pay him for them as much as they were worth.
2. The plaintiff may, in such case, suggest in this declaration that the
defendant promised to pay him as much as the said goods were worth, and then
aver that they were worth so much, which the defendant has refused to pay. Vide
the authorities cited under the article Quantum meruit.