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versations of the defendant relating to the | to take an account of all personal estate of original defamation. 19 Wend. 296.

QUO JURE, WRIT OF, Engl. law. The name of a writ commanding the defendant to show by what right he demands common of pasture in the land of the complainant who claims to have a fee in the same. F. N. B. 299.

QUO MINUS. The name of a writ. In England, when the king's debtor is sued in the court of the exchequer, he may sue out a writ of quo minus, in which he suggests that he is the king's debtor, and that the defendant has done him the injury or damage complained of, quo minus sufficiens existit, by which he is less able to pay the king's debt. This was originally requisite in order to give jurisdiction to the court of exchequer, but now this suggestion is a mere form. 3 Bl. Com. 46.

QUO WARRANTO, remedies. By what authority or warrant. The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued, at a time and place therein named, to show "quo warranto" he claims the franchise or office mentioned in the writ. Old Nat. Br. 149; 5 Wheat. 291; 15 Mass. 125; 5 Ham. 358; 1 Miss. 115.

2. This writ has become obsolete, having given way to informations in the nature of a quo warranto at the common law; Ang. on Corp. 469; it is authorized in Pennsylvania by legislative sanction. Act 14 June, 1836. Vide 1 Vern. 156; Yelv. 190; 7 Com. Dig. 189; 17 Vin. Ab. 177.

3. An information in the nature of a quo warranto, although a criminal proceeding in form, in substance, is a civil one. 1 Serg. & Rawle, 382.

QUOAD HOC. As to this; with respect to this. A term frequently used to signify, as to the thing named, the law is so

and so.

QUOD COMPUTET. The name of an interlocutory judgment in an action of account render also the name of a decree in the case of creditors' bills against executors or administrators. Such a decree directs the master to take the accounts between the deceased and all his creditors; to cause the creditors, upon due and public notice, to come before him to prove their debts, at a certain place, and within a limited period; and also directs the master VOL. II.-C c

the deceased in the hands of the executor or administrator. Story, Eq. Jur. § 548. See Judgment quod computet.

QUOD CUM, pleading. It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital. "For that," is a positive allegation; " for that whereas," in Latin "quod cum," is a recital.

2. Matter of inducement may with propriety be stated with a quod cum, by way of recital; being but introductory to the breach of the promise, and the supposed fraud or deceit in the defendant's nonperformance of it. Therefore, where the plaintiff declared that whereas there was a communication and agreement concerning a horse race, and whereas, in consideration that the plaintiff promised to perform his part of the agreement, the defendant promised to perform his part thereof, and then alleged the performance in the usual way; it was held that the inducement and promise were alleged certainly enough, and that the word "whereas" was as direct an affirmation as the word "although," which undoubtedly makes a good averment; and it was observed that there were two precedents in the new book of entries, and seven in the old, where a quod cum was used in the very clause of the promise. Ernly v. Doddington, Hard. 1. So, where the plaintiff declared on a bill of exchange against the drawer, and on demurrer to the declaration, it was objected that it was with a quod cum, which was argumentative, and implied no direct averment; the objection was overruled, because assumpsit is an action on the case, although it might have been otherwise in trespass vi et armis. Southwell, 2 Show. 180. The reason of this distinction is, that in assumpsit or other action on the case, the statement of the gravamen, or grievance, always follows some previous matter, which is introduced by the quod cum, and is dependent or consequent upon it; and the quod cum only refers to that introductory matter, which leads on to the subsequent statement, which statement is positively and directly alleged. example, the breach in an action of assumpsit is always preceded by the allegation of the consideration or promise, or some inducement thereto, which leads on to the breach of it, which is stated positively and directly; and the previous allegations only, which

March v.

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introduce it, are stated with a quod cum, by way of recital.

3. But in trespass vi et armis, the act of trespass complained of, is usually stated without any introductory matter having reference to it, or to which a quod cum can be referred; so that if a quod cum be used, there is no positive or direct allegation of that act. Sherland v. Heaton, 2 Bulst. 214. After verdict the quod cum may be considered as surplusage, the defect being cured by the verdict. Horton v. Monk, 1 Browne's R. 68; Com. Dig. Pleader, C 86.

QUOD EI DEFORCEAT, Engl. law. The name of a writ given by Stat. Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee tail, who are barred of the right of possession by a recovery had against them through their default or non-appearance in a possessory action; by which the right was restored to him, who had been thus unwarily deforced by his own default. 3 Bl. Com.

193.

QUOD PERMITTAT, Engl. law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead. Termes de la Ley.

QUOD PERMITTAT PROSTERNERE, Engl. law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case.

QUOD PROSTRAVIT. The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance.

QUOD RECUPERET. That he recover. The form of a judgment that the plaintiff do recover. See Judgment quod recuperet.

QUORUM. Used substantively, quorum signifies the number of persons belonging to a legislative assembly, a corporation, society, or other body, required to transact business; there is a difference between an act done by a definite number of persons, and one performed by an indefinite number: in the first case a majority is required to constitute a quorum, unless the law expressly directs

that another number may make one ; in the latter case any number who may be present may act, the majority of those present having, as in other cases, the right to act. 7 Cowen, 402; 9 B. & C. 648; Ang. on Corp. 281.

2. Sometimes the law requires a greater number than a bare majority to form a quorum, in such case no quorum is present until such a number convene.

3. When an authority is confided to several persons for a private purpose, all must join in the act, unless otherwise authorized. 6 John. R. 38. Vide Authority, Majority; Plurality.

QUOT, Scotch law. The twentieth part of the movables, computed without computation of debts, was so called.

2. Formerly the bishop was entitled, in all confirmations, to the quot of the testament. Ersk. Prin. B. 3, t. 9, n. 11.

QUOTA. That part which each one is to bear of some expense; as, his quota of this debt; that is, his proportion of such debt.

QUOTATION, practice. The allegation of some authority or case, or passage of some law, in support of a position which it is desired to establish.

2. Quotations, when properly made, assist the reader, but, when misplaced, they are inconvenient. As to the manner of quoting or citing authorities, see Abbreviations; Citations.

QUOTATION, rights. The transcript of a part of a book or writing from a book or paper into another.

2. If the quotation is fair, and not so extensive as to extract the whole value or the most valuable part of an author, it will not be a violation of the copyright. It is mostly difficult to define what is a fair quotation. When the quotation is unfair, an injunction will lie to restrain the publication. See 17 Ves. 424; 1 Bell's Com. 121, 5th ed.

3. "That part of a work of one author found in another," observed Lord Ellenborough, "is not of itself piracy, or sufficient to support an action; a man may adopt part of the work of another; he may so make use of another's labors for the promotion of science, and the benefit of the public." 5 Esp. N. P. C. 170; 1 Campb. 94. See Curt. on Copyr. 242; 3 Myl. & Cr. 737, 738; 17 Ves. 422; 1 Campb. 94; 2 Story, R. 100; 2 Beav. 6, 7; Abridgment; Copyright.

QUOUSQUE. A Latin adverb, which signifies how long, how far, until.

2. In old conveyances it is used as a word of limitation. 10 Co. 41.

3. In practice it is the name of an execution which is to have force until the

defendant shall do a certain thing. Of this kind is the capias ad satisfaciendum, by virtue of which the body of the defendant is taken into execution, and he is imprisoned until he shall satisfy the execution. 3 Bouv. Inst. n. 3371.

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RADOUB, French law. This word designates the repairs made to a ship, and a fresh supply of furniture and victuals, munitions and other provisions required for the voyage. Pard. n. 602.

RAILWAY. A road made with iron rails or other suitable materials.

2. Railways are to be constructed and used as directed by the legislative acts creating them.

3. In general, a rail-road company may take lands for the purpose of making a road when authorized by the charter, by paying a just value for the same. 8 S. & M.

649.

4. For most purposes a rail-road is a public highway, but it may be the subject of private property, and it has been held that it may be sold as such, unless the sale be forbidden by the legislature; not the franchise, but the land constituting the road. 5 Iredell, 297. In general, however, the public can only have a right of way; for it is not essential that the public should enjoy the land itself, namely, its treasures, minerals, and the like, as these would add nothing to the convenience of the public.

5. Rail-road companies, like all other principals, are liable for the acts of their agents, while in their employ, but they can

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not be made responsible for accidents which could not be avoided. 2 Iredell, 234; 2 McMullan, 403. RAIN WATER. The water which naturally falls from the clouds.

2. No one has a right to build his house so as to cause the rain water to fall over his neighbor's land; 1 Rolle's Ab. 107; 2 Leo. 94; 1 Str. 643; Fortesc. 212; Bac. Ab. Action on the case, F; 5 Co. 101; 2 Rolle, Ab. 565, l. 10; 1 Com. Dig. Action upon the case for a nuisance, A; unless he has acquired a right by a grant or prescription.

3. When the land remains in a state of nature, says a learned writer, and by the natural descent, the rain water would descend from the superior estate over the lower, the latter is necessarily subject to receive such water. 1 Lois des Bâtimens, 15, 16. Vide 2 Roll. 140; Dig. 39, 3; 2 Bouv. Inst. n. 1608.

RANGE. This word is used in the land laws of the United States to designate the order of the location of such lands, and in patents from the United States to individuals they are described as being within a certain

range.

RANK. The order or place in which certain officers are placed in the army and navy, in relation to others, is called their rank.

2. It is a maxim, that officers of an inferior rank are bound to obey all the lawful commands of their superiors, and are justified for such obedience.

RANKING. In Scotland this term is used to signify the order in which the debts of a bankrupt ought to be paid.

RANSOM, contracts, war. An agree

ment made between the commander of a capturing vessel with the commander of a vanquished vessel, at sea, by which the former permits the latter to depart with his

vessel, and gives him a safe conduct, in consideration of a sum of money, which the commander of the vanquished vessel, in his own name, and in the name of the owners of his vessel and cargo, promises to pay at a future time named, to the other.

2. This contract is usually made in writing in duplicate, one of which is kept by the vanquished vessel which is its safe conduct; and the other by the conquering vessel, which is properly called ransom bill. 3. This contract, when made in good faith, and not locally prohibited, is valid, and may be enforced. Such contracts have never been prohibited in this country. 1 Kent, Com. 105. In England they are generally forbidden. Chit. Law of Nat. 90, 91; Poth. Tr. du Dr. de Propr. n. 127. Vide 2 Bro. Civ. Law, 260; Wesk. 435; 7 Com. Dig. 201; Marsh. Ins. 431; 2 Dall. 15; 15 John. 6; 3 Burr. 1734. The money paid for the redemption of such property is also called the ransom.

RAPE, crim. law. The carnal knowledge of a woman by a man forcibly and unlawfully against her will. In order to ascertain precisely the nature of this offence, this definition will be analysed.

2. Much difficulty has arisen in defining the meaning of carnal knowledge, and different opinions have been entertained; some judges having supposed that penetration alone is sufficient, while others deemed emission as an essential ingredient in the crime. Hawk. b. 1, c. 41, s. 3; 12 Co. 37; 1 Hale, P. C. 628; 2 Chit. Cr. L. 810. But in modern times the better opinion seems to be that both penetration and emission are necessary. 1 East, P. C. 439: 2 Leach, 854. It is, however, to be remarked, that very slight evidence may be sufficient to induce a jury to believe there was emission. Addis. R. 143; 2 So. Car. C. R. 351; 1 Beck's Med. Jur. 140; 4 Chit. Bl. Com. 213, note 8. In Scotland, emission is not requisite. Allis. Prin. 209, 210.

See Emission; Penetration.

3. By the term man in this definition is meant a male of the human species, of the age of fourteen years and upwards; for an infant, under fourteen years, is supposed by law incapable of committing this offence. 1 Hale, P. C. 631; 8 C. & P. 738. But not only can an infant under fourteen years, if of sufficient mischievous discretion, but even a woman may be guilty as principals in the second degree. And the husband of a woman may be a principal in

the second degree of a rape committed upon his wife, as where he held her while his servant committed the rape. 1 Harg. St. Tr. 388.

4. The knowledge of the woman's person must be forcibly and against her will; and if her consent has not been voluntarily and freely given, (when she has the power to consent,) the offence will be complete, nor will any subsequent acquiescence on her part do away the guilt of the ravisher. A consent obtained from a woman by actual violence, by duress or threats of murder, or by the administration of stupefying drugs, is not such a consent as will shield the offender, nor turn his crime into adultery or fornication.

5. The matrimonial consent of the wife cannot be retracted, and, therefore, her husband cannot be guilty of a rape on her, as his act is not unlawful. But, as already observed, he may be guilty as principal in the second degree.

6. As a child under ten years of age is incapable in law to give her consent, it follows, that the offence may be committed on such a child whether she consent or not. See Stat. 18 Eliz. c. 7, s. 4.

See, as to the possibility of committing a rape, and as to the signs which indicate it, 1 Beck's Med. Jur. ch. 12; Merlin, Rep. mot Viol.; 1 Briand, Méd. Leg. 1ere partie, c. 1, p. 66; Biessy, Manuel Médico-Légal, &c. p. 149; Parent Duchatellet, De la Prostitution dans la ville de Paris, c. 3, § 5; Barr. on the Stat. 123; 9 Car. & P. 752; 2 Pick. 380; 12 S. & R. 69; 7 Conn. 54; Const. R. 354; 2 Vir. Cas. 235.

RAPE, division of a country. In the English law, this is a district similar to that of a hundred; but oftentimes containing in it more hundreds than one.

RAPINE, crim. law. This is almost indistinguishable from robbery. (q. v.) It is the felonious taking of another man's personal property, openly and by violence, against his will. The civilians define rapine to be the taking with violence, the movable property of another, with the fraudulent intent to appropriate it to one's own use. Leç. El. Dr. Rom. § 1071.

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2. The obligation to make the rapport | unauthorized act or not. But having once has a tripple foundation. 1. It is to be ratified the act, upon a full knowledge of presumed that the deceased intended in all the material circumstances, the ratificamaking an advancement, to give only a tion cannot be revoked or recalled, and portion of the inheritance. 2. It estab- the principal becomes bound as if he had lishes the equality of a division, at least, originally authorized the act. Story, Ag. with regard to the children of the same§250; Paley, Ag. by Lloyd, 171; 3 Chit. parent, who all have an equal right to the Com. Law, 197. succession. 3. It preserves in families that harmony, which is always disturbed by unjust favors to one who has only an equal right. Dall. Dict. h. t. See Advancement; Collation; Hotchpot.

RASCAL. An opprobrious term, applied to persons of bad character. The law does not presume that a damage has arisen because the defendant has been called a rascal, and therefore no general damages can be recovered for it; if the party has received special damages in consequence of being so called, he can recover a recompense to indemnify him for his loss.

RASURE. The scratching or scraping a writing, so as to prevent some part of it from being read. The word writing here is intended to include printing. Vide Addition; Erasure and Interlineation. Also, 8 Vin. Ab. 169; 13 Vin. Ab. 37; Bac. Ab. Evidence, F.; 4 Com. Dig. 294; 7 Id. 202.

RATE. A public valuation or assessment of every man's estate; or the ascertaining how much tax every one shall pay. Vide Pow. Mortg. Index, h. t.; Harr. Dig. h. t.; 1 Hopk. Č. R. 37.

RATE OF EXCHANGE. Among merchants, by rate of exchange is understood the price at which a bill drawn in one country upon another, may be sold in the former.

RATIFICATION, contracts. An agreement to adopt an act performed by another for us.

2. Ratifications are either express or implied. The former are made in express and direct terms of assent; the latter are such as the law presumes from the acts of the principal; as, if Peter buy goods for James, and the latter, knowing the fact, receive them and apply them to his own use. By ratifying a contract a man adopts the agency altogether, as well what is detrimental as that which is for his benefit. 2 Str. R. 859; 1 Atk. 128; 4 T. R. 211; 7 East, R. 164; 16 M. R. 105; 1 Ves. 509; Smith on Mer. L. 60; Story, Ag. § 250; 9 B. & Cr. 59.

3. As a general rule, the principal has the right to elect whether he will adopt the

4. The ratification of a lawful contract has a retrospective effect, and binds the principal from its date, and not only from the time of the ratification, for the ratification is equivalent to an original authority, according to the maxim, that omnis ratihabitio mandate æquiparatur. Poth. Ob. n. 75; Ld. Raym. 930; Comb. 450; 5 Burr. 2727; 2 H. Bl. 623; 1 B. & P. 316; 13 John. R. 367; 2 John. Cas. 424; 2 Mass. R. 106.

5. Such ratification will, in general, relieve the agent from all responsibility on the contract, when he would otherwise have been liable. 2 Brod. & Bing. 452. See 16 Mass. R. 461; 8 Wend. R. 494; 10 Wend. R. 399; Story, Ag. § 251. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156; 1 Liv. on Ag. c. 2, § 4, p. 44, 47; Story on Ag. §239; 3 Chit. Com. L. 197; Paley on Ag. by Lloyd, 324; Smith on Mer. L. 47, 60; 2 John. Cas. 424; 13 Mass. R. 178; Id. 391; Id. 379; 6 Pick. R. 198; 1 Bro. Ch. R. 101, note; S. C. Anibl. R. 770; 1 Pet. C. C. R. 72; Bouv. Inst. Index, h. t.

6. An infant is not liable on his contracts; but if, after coming of age, he ratify the contract by an actual or express declaration, he will be bound to perform it, as if it had been made after he attained full

age. The ratification must be voluntary, deliberate, and intelligent, and the party must know that without it, he would not be bound. 11 S. & R. 305, 311; 3 Penn. St. R. 428. See 12 Conn. 551, 556; 10 Mass. 137, 140; 14 Mass. 457; 4 Wend. 403, 405. But a confirmation or ratification of a contract, may be implied from acts of the infant after he becomes of age; as by enjoying or claiming a benefit under a contract he might have wholly rescinded; 1 Pick. 221, 223; and an infant partner will be liable for the contracts of the firm, or at least such as were known to him, if he, after becoming of age, confirm the contract of partnership by transacting business of the firm, receiving profits, and the like. 2 Hill. So. Car. Rep. 479; 1 B. Moore, 289. The con

RATIFICATION OF TREATIES.

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