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Bouvier's Law Dictionary

Qualify
Qualify. To Become Qualified Or Fit For Any Office Or Employment. To Take The Nec Essary Steps To Prepare One's Self For An Ap Pointment: As, To Take An Oath To Discharge The Duties Of An Office, To Give The Bond Re Quired Of An Executor, Etc. It Is, Held ...

Qualities Of Pleas In
Qualities Of Pleas In Abatement. The Defendant May Plead In Abatement To Part, And Demur Or Plead In Bar To The Residue, Of The Declaration ; 2 Saund. 210. The General Rule Is That Whatever Proves The Writ False At The Time Of Suing It Out Shall Abate The Writ ...

Quarantine
Quarantine. In Maritime Law. The Space Of Forty Days, Or Less, During Which The Crew Of A Ship Or Vessel Coming From A Port Or Place Infected Or Supposed To Be In Fected With Disease Are Required To Remain On Board After Their Arrival, Before They Can Be Permitted To ...

Quash
Quash. In Practice. To Overthrow Or An Nul. When Proceedings Are Clearly Irregular And Void, The Courts Will Quash Them, Both In Civ Il And Criminal Cases: For Example, When The Array Is Irregular, As, If The Jurors Have Been Selected By Persons Not Authorized By Law, It Will Be ...

Quasi Contractus
Quasi-contractus (lat.). In Civil Law. An Obligation Similar In Character To That Of A Contract, But Which Arises Not From An Agreement Of Parties But From Some Rela Tion Between Them, Or From A Voluntary Act Of One Of Them. An Obligation Springing From Voluntary And Lawful Acts Of Parties ...

Quasi Corporations
Quasi-corporations. A Term Attaro To ,those Bodies Or Municipal Societies Which, Though Not Vested With The General Powers Of Corporations, Are Yet Recognized, By Statutes Or Immemorial Usage, As Persons Or Aggre Gate Corporations, With Precise Duties Which May Be Enforced, And Privileges Which May Be Maintained By Suits At ...

Quasi Estoppel
Quasi-estoppel. A Term Used By Bigelow To Cover A Group Of Cases In Which A Party Is Precluded From Occupying Inconsistent Posi Tions, Either In Litigations Or In Ordinary Dealings ; Big. Est. (6th Ed.) 732. The Prin Ciple Covers A Variety Of Cases Under Wills Where A Party Who ...

Quickening
Quickening. In Medical Jurisprudence. The Sensation A Mother Has Of The Motion Of The Child She Has Conceived. The Period When Quickening Is First Ex Perienced Varies From The Tenth To The Twen Ty-fifth, But Is Usually About The Sixteenth Week From Conception ; Denman, Midw. 129. It Was Formerly ...

Quit
Quit Legi Communi Derogant Non Bunt Trahenda In Exemplum. Things Derogatory To The Common Law Are Not To Be Drawn Into Precedent. Branch, Princ. Quo Legi Communi Derogant Stricte Interpretantur. Those Things Which Derogate From The Common Law Are To Be Construed Strictly. Jenk. Cent. 29. Qum Male Sunt Inchoate ...

Quit Claim
Quit-claim. A Form Of Deed Of The Na Ture A Release Containing Words Of Grant As Well As Release. 3 Washb. R. P., 5th Ed. 606. The Term Is In Constant And General Use In American Law To Denote A 'deed Substan Tially The Same As A Release In English ...

Quo Warranto
Quo Warranto (lat. By What Authori Ty). In Practice. The Name Of A Writ (and Also Of The Whole Pleading) By Which The Gov Ernment Commences An Action To Recover An Office Or Franchise From The Person Or Cor Poration In Possession Of It. The Writ Commands The Sheriff To ...

Quorum
Quorum. Used Substantively, Quorum Signifies The Number Of Persons Belonging To A Legislative Assembly, A Corporation, Society, Or Other Body, Required To Transact Business. A Quorum Is Such A Number Of The Officers Or Members Of Any Body As Is Competent By Law Or Constitution To Transact Business. Snider V. ...

Qurstio
Qurstio. In Roman Law. A Sort Of Commission (ad Qucerenduin) To Inquire Into Some Criminal Matter Given To A Magistrate Or Citizen, Who Was Called Qucesitor Or Quces Tor, Who Made Report Thereon To The Senate Or The People, 'as The One Or The Other Ap Pointed Him. In Progress ...

R Esc U E
R Esc U E. The Forcibly And Knowingly Freeing Another From Arrest Or Imprisonment. 4 Bla. Com. 131. A Deliverance Of A Prison Er From Lawful Custody By A Third Person. 2 Bish. Cr. Law 1065; 1 Russ. Cr. 597. Taking And Setting At Liberty, Against Law, A ...

R Eservation
R Eservation. The Creation Of A Right Or Interest Which Had No Prior Existence As Such In A Thing Or Part Of A Thing Granted, By Means Of A Clause Inserted By The Gran Tor In The Instrument Of Conveyance. "the Creation In Behalf Of The Grantor Of A New ...

R Esi D U
R Esi D U E. That Which Remains Of Some Thing After Taking Away A Part Of It: As, The Residue Of An Estate, Which Is What Has Not Been Particularly Devised By Will. What Is Left; The Rest. Hulin V. Squires, 63 Hun 352, 18 N. Y. Supp. 309. ...

Railroad
Railroad Am Bonds Are Issued By Mu Nicipal Corporations To Aid In The Construc Tion Of Railways. The Power To Subscribe To The Stock Of Railways,' And To Issue Bonds In Pursuance Thereof, Does Not Belong To. Tow* Cities, Or Counties, Without Special Au Thority Of The Legislature, And The ...

Railroad
Railroad. A Road Graded And Having Rails Of Iron Or Other Material For The Wheels Of Railroad Cars To Run Upon. In Their Modern Form, Railroads Are Usu Ally Owned By Corporations ; Denver & S. R. Co. V. R. Co., 2 Colo. 673. But A Private In Dividual May ...

Railroad Relief Funds
Railroad Relief Funds. A Term Ap Plied To Funds Raised By Periodical Contribu Tions Of Corporation Employees, Or By Them Jointly With The Corporation, For The Purpose Of Providing Relief To The Employees In Case Of Injury, And The Payment Of Money To Their Families In Case Of Death, In ...

Rani
Rani(. The Order Or Place In Which Offi Cers Are Placed In The Army And Navy, In Re Lation To Others. It Is A Maxim That Officers Of An Inferior Rank Are Bound To Obey All The Lawful Com Mands Of Their Superiors, And Are Justified For Such Obedience. Rank ...

Ransom Bill
Ransom Bill. A Contract For Payment Of Ransom Of A Captured Vessel, With Stipula Tions Of Safe Conduct If She Pursue A Certain Course And Arrive At A Certain Time. If Found Out Of Time Or Course, The Safe Conduct Is Void; Wheat. Int. L. 107. Paymeit Can Not Be ...

Rates
Rates. The Effect Of The Commerce Clause Of The Federal Constitution And Of The Interstate Commerce Act Must Always Be Con Sidered In The Treatment Of Rates. That Branch Of The Subject Will Be Found Under Interstate Commerce Commission, But Some Cases Are Here Given. State Control Over Rates Has ...

Real Covenant
Real Covenant. A Covenant Whereby A Man Binds Himself To Pass A Real Thing, As Lands Or Tenements; As, A Covenant To Levy A Fine, Etc. Shepp. Touchst. 161; Fitzh. N. B. 145; Co. Litt. 384 B. A Covenant, The Obligation Of Which Is So Connected With The Realty That ...

Real Estate
Real Estate. In General, The Mode Of Conveying, Incumbering, Transmitting, Devis Ing, And Controlling Real Is Governed By The Law Of The Place Of Situation Of The Property ; Bronson V. Lumber Co., 44 Minn. 348, 46 N. W. 570 ; Cochran V. Benton, 126 Ind. 58, 25 N. E. ...

Real Estate Broker
Real Estate Broker. One Who En Gages In The Purchase And Sale Of Real Estate As A Business, And Holds Himself Out To The Public In That Character And Capacity. Chad Wick V. Collins, 26 Pa. 138. Where A Broker Contracts To Produce A Pur Chaser Who Shall Actually Buy, ...

Real Property
Real Property. Land, And Generally Whatever Is Erected Or Growing Upon Or Affix Ed To Land. Lanpher V. Glenn, 37 Minn. 4, 33 N. W. 10. Also Rights Issuing Out Of, An Nexed To, And Exercisable Within Or About The Same. Annexations Made By A Stranger To The Soil Of ...

Rebate
Rebate. In Mercantile Law. Discount ; The Abatement Of Interest In Consequence Of Prompt Payment. An Allowance By Way Of Discount Or Drawback. The Allowance Of Rebates Is A Common Method By Which Common Carriers Discrimi Nate Between Shippers; The Practice Is Un Lawful; And A Contract To Procure ...

Rebellion
Rebellion. The Taking Up Arms Trai Torously Against The Government. The Forci Ble Opposition And Resistance To The Laws And Process Lawfully Issued. Insurrection, Sedition, Rebellion, Revolt, And Mutiny Express Action Directed Against Gov Ernment Or Authority, While Riot Has This Im Plication Only Incidentally, If At All. They Express ...

Rebutting Evidence
Rebutting Evidence. That Evidence Which Is Given By A Party In The Cause To Explain, Repel, Counteract, Or Disprove Facts Given In Evidence On The Other Side. The Term Rebutting Evidence Is More Particularly Applied To That Evidence Given By The Plain Tiff To Explain Or Repel The Evidence Given ...

Recapture
Recapture. The Recovery From The Ene My, By A Force Friendly To The Former Owner, Of A Prize By Him Captured. It Seems Incumbent On Fellow-citizens, And It Is Of Course Equally The Duty Of Allies, To Rescue Each Other From The Enemy When There Is A Reasonable Prospect Of ...

Receipt
Receipt. A Written Acknowledgment Of Payment Of Money Or Delivery Of Chattels. It Is Executed By The Person To Whom The Delivery Or Payment Is Made, And May Be Us Ed As Evidence Against Him, On The General Principle Which Allows The Admission Or Dec Laration Of A Party To ...

Receiver
Receiver. One Who Receives Money To The Use Of Another To Render An Account. Story, Eq. Jur. 446. Receivers Were At Common Law Liable To The Action Of Account Render For Failure In The Latter Portion Of Their Duties. In Equity. A Receiver Is An Indifferent Per Son Between ...

Receiver Of Stolen Goods
Receiver Of Stolen Goods. By Statutory Provision, The Receiver Of Stolen Goods, Knowing Them To Have Been Stolen, May Be Punished As The Principal, In Perhaps All The States. To Make This Offence Complete, The Goods Received Must Have Been Stolen, They Must Have Been Received By The Defendant, And ...

Receivers Certificates
Receivers' Certificates. Ac Knowledgments Of Indebtedness Issued By A Receiver Under The Order Of The Court By Which He Was Appointed; Either Directly In Dis Charge Of Obligations Incurred In The Man Agement Of The Property, Or For Borrowing Money For The Maintenance And Operation Of The Property, And Redeemable ...

Recent Possession Of Stolen
Recent Possession Of Stolen Property. Possession Of The Fruits Of Crime Recently After Its Commission Is Prima Facie Evidence Of Guilty Possession ; And If Unexplained, Either By Direct Evidence, Or By The Attending Circumstances, Or By The Character And Habits Of Life Of The Posses Sor, Or Otherwise, It ...

Reciprocity
Reciprocity. Mutuality ; State, Quali Ty, Or Character Of That Which Is Reciprocal. The States Are Bound To Many Acts Of Reci Procity. The Constitution Requires That They Shall Deliver To Each Other Fugitives From Jus Tice; That The Records Of One State, Properly Authenticated, Shall Have Full Credit In ...

Recognition
Recognition. An Acknowledgment That Something Which Has Been Done By One Man In The Name Of Another Was Done By Authori Ty Of The Latter. See Agency; Ratification. In International Law. The Acknowledg Ment Of The Claim Of A New State To Be Ad Mitted Into The Family Of Nations. ...

Recognizance
Recognizance. An Obligation Of Rec Ord, Entered Into Before A Court Or Officer Duly Authorized For That Purpose, With A Condition To Do Some Act Required By Law Which Is Therein Specified. 2 Bla. Com. 341. See U. S. V. Insley, 49 Fed. 776. The Liability Of Bail Above In ...

Record
Record. A Written Memorial Made By A Public Officer Authorized By Law To Perform That Function, And Intended To Serve As Evi Dence Of Something Written, Said, Or Done. Mandeville V. Perry, 6 Call (va.) 78; Cora. V. Rodes, 1 Dana (ky.) 595. Records May Be Either Of Legislative Or ...

Recoupment
Recoupment (fr. Recouper, To Cut Again). The Act Of Abating Or Recouping A Part Of A Claim Upon Which One Is Sued By Reason Of A Legal Or Equitable Right Result Ing From A Counter-claim Arising Out Of The Same Transaction. The Right Of The Defend Ant, In The Same ...

Recovery
Recovery. The Restoration Of A Former Right, By The Solemn Judgment Of A Court Of Justice. Hoover V. Clark's Adm'r, 7 N. C. 169. See 28 L. J. C. P. 312 ; 8 Q. B. D. 470. In Its General Use, Recovery Signifies A Col Lection Of A Debt By ...

Referendum Initiative
Initiative, Referendum, And Re Call. Initiative Is The Right Of A Specified Number Of The Electorate To Unite In Propos Ing Laws To The Legislative Body, Which, After Due Consideration, Must Submit The Same To The Vote Of The People For Their Approval Or Disapproval. Referendum Is The Referring Of ...

Reform
Reform. To Reorganize; To Rearrange. Thus, The Jury "shall Be Reformed By Putting To And Taking Out Of The Persons So Impan Nelled." Stat. 3 Hen. Viii. C. 12; Bacon, Abr. Juries (a). To Reform An Instrument In Equity Is To Make A Decree That A Deed Or Other Agree ...

Register
Register. A Book Containing A Record Of Facts As They Occur, Kept By Public Au Thority ; A Register Of Births, Marriages, And Burials. In England, Where There Is A State Church; Which Has Authority To Legislate With Respect To Parish Records, Parish Records Are By Law Invested With The ...

Registration
Registration. The Word "registra Tion," Used In The U. S. R. S. 2011, Has A General, Not A Technical, Meaning, And Indi Cates Any List Or Schedule Containing A List Of Voters, The Being Upon Which Constitutes A Prerequisite To Vote, Unless There Is A Sys Tem Of Registration ...

Regnal Years
Regnal Years. The Years In Which A Sovereign Has Reigned. The Following Is A Table Of The Reigns Of English And British Kings And Queens: Accession. Egbert 827 Ethelwulf . 839 Ethelbald . 858 Ethelbert . 858 Ethelred 866 Alfred 871 Edward The Elder 901 Athelstan 925 Edmund 940 Edred ...

Rehearing
Rehearing. A Second Consideration Which The Court Gave To A Cause On A Second Argument. In England A Case Heard By The Chancellor On Appeal From The Master Of The Rolls, Etc., Is A Rehearing; Emerson V. Davies, 1 W. & M. 21, Fed. Cas. No. 4,437. A Rehearing Cannot ...

Reinsurance
Reinsurance. Insurance Effected By An Underwriter Upon A Subject Against Cer Tain Risks, With Another Underwriter, On The Same Subject, Against All Or A Part Of The Same Risks, Not Exceeding The Same Amount. In The Original Insurance, He Is The Insurer ; In The Second, The Assured. His Object ...

Relation
Relation (lat. Re, Back, Fero, To Bear). In Civil Law. The Report Which The Judges Made Of The Proceedings In Certain Suits To The Prince Were So Called. These Relations Took Place When The Judge Had No Law To Direct Him, Or When The Laws Were Sus Ceptible Of Difficulties ...

Release
Release. The Giving Up Or Abandoning A Claim Or Right To The Person Against Whom The Claim Exists Or The Right Is To Be Exer Cised Or Enforced. Releases May Either Give Up, Discharge, Or Abandon A Right Of Action, Or Convey A Man's Interest Or Right To Another Who ...

Religion
Religion (lat. Re, Back, Ligo, To Bind). Real Piety In Practice, Consisting In The Per Formance Of All Known Duties To God And Cur Fellow-men. It Has Been Held To Include The Principle Of Gratitude To An Active Power Nvho Can Confer Blessings. 38 L. J. M. C. 5. The ...

Religious Education
Religious Education. Questions Re Specting The Religious Education Of Children Arise Not Infrequently By Reason Of Applica Tions To The Courts For Either Restraining Or Mandatory Process Intended To Control The Religious Education Of Children Where Differ Ences Exist Between The Parents Or Where The Relations Of A Deceased Parent ...

Religious Society
Religious Society. A Body Of Per Sons Associated Together For The Purpose Of Maintaining Religious Worship. In This Coun Try They Are Not Ecclesiastical Corporations In The English Sense, But Ordinary Private, Civil Corporations, And As Such Subject To The Or Dinary Civil Jurisdiction; Watson V. Jones, 13 Wall. (u. ...

Remainder
Remainder. The Remnant Of An Estate In Land, Depending Upon A Particular Prior Estate Created At The Same Time And By The Same Instrument And Limited To Arise Im Mediately On The Determination Of That Es Tate And Not In Abridgment Of It. 4 Kent 197. See Will. Real P. ...

Removal Of Causes
Removal Of Causes. Under What Are Known As The Removal Acts, Provision Is Made By Federal Statutes For The Removal Of Caus Es In The State Courts To The Federal Courts In Certain Cases. The Legislation On The Subject Begins With The Judiciary Act Of 1789, Which Provided For The ...