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Quare obstruxit
Quare obstruxitThe name of a writ formerly used in favor of one who having a right to pass through his neighbor's grounds, was prevented enjoying such right, because the owner of the grounds had obstructed the way. RELATED TERMS-------------------------------------- Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Favor Bias partiality; lenity; prejudice. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Pass 1) In the slave states this word signifies a certificate given by the master or mistress to a slave, in which it is stated that he is permitted to leave his home, with the authority of his master or mistress. The paper on which-such certificate is written is also called a pass. 2) practice. To be given, or entered; to proceed; as, let the judgment pass for the plaintiff. Grounds A legal basis for a divorce. Owner Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. SIMILAR TERMS-------------------------------------- Quarantine 1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine. Quare Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill. Quare clausum fregit Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plain-tiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration. Quare ejecit infra terminum Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment. Quare impedit English ecclesiastical law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by name to permit him, the king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, then to summon, the defendants so that they be and appear. Quarrel A dispute; a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal. Quarry A place whence stones are dug for the purpose of being employed in building, making roads, and the like. Quart Measures. A quart is a liquid measure containing one-fourth part of a gallon. Quarter A measure of length, equal to four inches. Quarter day One of the four days of the year on which rent payable quarterly becomes due. Quarter dollar Money. A silver coin of the United States of the value of twenty-five cents. Quarter eagle Money. A gold coin of the United States of the value of two dollars and a half. Quarter seal The seal kept by the director of the chancery in Scotland is so called. It is in the shape and impression of the fourth part of the great seal. Quarter sessions A court bearing this name, mostly invested with the trial of criminals. It takes its name from sitting quarterly or once in three months. Quarter year In the computation of time, a quarter year consists of ninety-one days. Quartering of soldiers The constitution of the United States, Amendm. art. 3, provides that "no soldier shall in time of peace be quartered, in any house, without the consent of the owner, nor in time of war but in a manner to be prescribed by law." By quartering is understood boarding and lodging or either. Quarteroon One who has had one of his grand parents of the black or African race. Quarto die post The fourth day inclusive after the return day of the writ is so called. This is the day of appearance given ex gracia curiae. PREVIOUS AND NEXT TERMS-------------------------------------- Quarantine 1) Commerce, Criminal law. The space of forty days, or a less quantity of time, during which the crew of a ship or vessel coming from a port or place infected or supposed to be infected with discase, are required to remain on board after their arrival, before they can be permitted to land. 2) Inheritances, rights. The space of forty days during which a widow has a right to remain in her late hushand's principal mansion, immediately after his death. The right of the widow is also called her quarantine. Quare Pleadings. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely interrogatory and, therefore, when a declaration began with complaining of the defendant, "wherefore with force, &c. he broke and entered" the plaintiff's close, was considered ill. Quare clausum fregit Wherefore he broke the close. In actions of trespass to real estate the defendant is charged with breaking the close of the plain-tiff. Formerly the original writ in such a case was a writ of trespass quare clausum fregit, now the charge of breaking the close is laid in the declaration. Quare ejecit infra terminum Wherefore did he eject within the term. The name of a writ which lies for a 1essee, who has been turned out of his farm before the expiration of his term or lease, Against the feoffee of the land, or the lessor who ejects him. This has given way to the action of ejectment. Quare impedit English ecclesiastical law. The name of a writ directed by the king to the sheriff, by which he is required to command certain persons by name to permit him, the king, to present a fit person to a certain church, which is void, and which belongs to his gift, and of which the said defendants hinder the king, as it is said, and unless, then to summon, the defendants so that they be and appear. Quare obstruxit Quarrel A dispute; a difference. In law, particularly in releases, which are taken most Bly against the releasor, when a man releases all quarrels he is said to release all actions, real and personal. Quarry A place whence stones are dug for the purpose of being employed in building, making roads, and the like. Quart Measures. A quart is a liquid measure containing one-fourth part of a gallon. Quarter A measure of length, equal to four inches. Quarter day One of the four days of the year on which rent payable quarterly becomes due. We thank you for using the Juridical Dictionary to search for Quare obstruxit. 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