crimes and offences against military discipline, to seize and secure deserters, to punish marauders, &c., to take charge of prisoners, and superintend the execution of punishments.

Q.

QUARANTINE. The space of time (forty days, more or less) during which a ship or vessel, coming from a port or place infected, or supposed to be infected with a contagious or epidemic disease, is detained, after her arrival, within certain designated limits, generally called the quarantine ground, and during which time her crew and passengers are required to remain on board, without intercourse with those on shore.

The word quarantine, by the law of England, indicated the space of forty days, during which the widow of a landed man had a right to remain in her husband's principal mansion immediately after his death. The right of the widow was also called her quarantine.

QUARE CLAUSUM. This is an abbreviation for quare clausum fregit, "wherefore he broke the close." It is generally used in connection with actions of tort or trespass; as, "trespass quare clausum." In such connection, it means an action to recover damages for breaking and entering the close (or premises) of the plaintiff.

QUASHED, QUASH, (overthrown, annulled, made void.) Where proceedings in courts, whether civil or criminal, are clearly irregular and void, the court will quash them; that is, declare them void.

QUORUM signifies the number of persons belonging to a legislative assembly, or corporation, or a society, or other body, required to transact business.

The word is also used to designate a class of justices of the peace, as justices of the peace and of the quorum, to which class of justices of the peace some special duties are assigned, and without whose presence, or the presence of one of them, such duties cannot be transacted.

The duties imposed by statute, in this state, upon justices of the peace and of the quorum, are the discharge of poor debtors arrested on mesne process or execution, and the approval of bail bonds.

QUO WARRANTO, (by what authority or warrant.) A writ issued from the supreme judicial court, in the name of the commonwealth, against any person or corporation that usurps a franchise or office, commanding the sheriff of the county to summon the defendant to appear before the court from which the writ Issued to show by what authority (quo warranto) he claims the franchise, or office mentioned in the writ.

R.

behavior. Witnesses are required to recognize to testify.

In civil cases, recognizances are entered into by bail, conditioned that they will pay, upon certain contingencies, the debt, interest, and costs recovered by the plaintiff. There are also recognizances under the anthority of statutes. (See pp. 770, 772.)

REMAINDER. An estate in remainder is an estate limited to take effect and be enjoyed after another estate is determined. As if a man seised in fee simple granteth lands to A for twenty years, and after the determination of the said term, then to B and his heirs forever; here A is tenant for years, and B has the remainder in fee. Blackstone.

Contingent or executory remainders are where the estate in remainder is limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect. Blackstone.

Vested remainders are where the estate is invariably fixed, to remain to a determinate person after the particular estate is spent. Blackstone. REPLEVIN. An action of replevin lies for the recovery specifically (in specie) of any personal chattel which has been wrongfully taken and detained from the owner's possession, together with damages for the detention.

REPLICATION. A term of pleading. It is the reply which the plaintiff makes to the defendant's plea or answer.

REPRISAL, writ of. (See WITHERNAM.)

RES JUDICATA, (a matter adjudged.) A question settled by judicial decision.

RESPONDENTIA. A loan of money on maritime interest, on goods laden on board of a ship, which in the course of the voyage must from their nature be sold or exchanged, upon this condition, that if the goods should be lost in the course of the voyage, by any of the perils enumerated in the contract, the lender shall lose his money; if not, that the borrower shall pay him the sum borrowed, with the interest agreed upon. The contract is called respondentia, because the money is lent on the personal responsibility of the borrower. Bouvier. (See BOTTOMRY." REVERSION. An estate in reversion is the restdue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him. Blackstone.

S.

SCIRE FACIAS, (that you make known or show cause.) The name of a judicial writ, founded upon some record and requiring the defendant to show cause why the plaintiff should not have the advantage of such record.

SEISIN. The possession of an estate of freehold. In the absence of other evidence, a deed of land duly acknowledged and recorded, raises a presumption that the grantor had sufficient seisin to enable him to convey, and also vests the legal seisin in the grantee. (15 Pick. 185.)

Disseisin is an ouster of the rightful owner from the scisin or estate in the land and the commencement

SOLE CORPORATION. A sole corporation consists of only one person, to whom and his successors belongs that legal perpetuity, the enjoyment of which is denied to all natural persons.

SOLE TENANCY. A sole tenant is one who holds lands in his own right, without being joined with any other. Bouvier.

SUBORNATION OF PERJURY. another person to commit perjury. (p. 812.)

Procuring

"To constitute subornation of perjury, the party charged must have procured the commission of the perjury, by inciting, instigating, or persuading the guilty party to commit the crime." (5 Met. 245.) SUBPOENA, (under penalty; at your peril.) It is a summons issued by a court or magistrate to compel a witness to attend before a court or magistrate, or some person or persons named in the process at the time and place therein mentioned, to testify what he may know relating to the cause or matter described therein. It usually concludes with words similar to these: "Hereof fail not, at your peril.”

Subpoena duces tecum, (at your peril bring with you.) This is a process issued by a court for compelling the attendance of a witness, with a direction requiring the witness to "bring with him" and produce to the court the books, papers, &c., named in the process, that are in his possession, or under his control, tending to elucidate the matter in issue.

Subpoena, in equity practice. A mandatory writ or process from the court, directed to and requiring the person or persons, or corporation, &c., named therein, to appear at the time and place mentioned therein, and answer the matters charged against it, him, or them.

SUMMONS. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned. Bouvier.

SUPERSEDEAS, (that you stay or supersede.) The name of a writ containing a command to stay the proceedings at law. Bouvier.

T.

jurors who were originally drawn and summoned." (See p. 682.)

V.

VENIRE, VENIRE FACIAS, (to come, that you cause to come.) The name of a writ issued by the clerk of the court, directed to the sheriff, commanding hin to cause to come before the court on a specified day, from certain towns of the county named in the writ, a certain number of persons qualified to serve as jurors.

VENUE OF ACTIONS. The venue is the county from which the jury are to come who are to try the issue. Bouvier.

As used in the statutes, it means the county where the action is to be brought. (See pp. 620, 621.)

W.

WASTE. A spoil, or destruction in houses, gardens, trees, or other corporeal hereditaments, to the disherison of him that hath the remainder or reversion in fee simple or fee tail. Blackstone.

WITHERNAM. The name of a writ used in connection with the action of replevin.

In this state, when, in an action of replevin to determine the legality of the distraint or impounding of cattle, the defendant has judgment that the cattle be returned and restored, a writ of return may issue to carry a judgment of that kind, when rendered before a justice of the peace, into execution, by which writ the officer is directed to restore to the defendant the same beasts that the plaintiff had replevied from him. If the officer upon this writ makes return that the property is withheld so that he cannot get it, a writ of withernam may issue, by which the officer is directed to take other goods of the plaintiff in withernam, (by way of reprisal,) and hold them until the plaintiff restores to the defendant the beasts he took from him by the writ of replevin. In this state, the writ of withernam is called a writ of reprisal. (See pp. 732, 733.)

......

759

353

......

777,778

655

pleaded for non-joinder of other defendants,
plaintiff may have leave to amend,
508, 657, 658, 759
provisions respecting pleas in, to apply to com-
plaints under laws relating to mills, . 759
of complaints for flowing land, on account of
defects of form, &c., new may be
brought within one year,
of proceedings for assessments of damages for
land taken by railroads, new may be
brought within one year,
of real or personal action in certain cases, new
may be brought within one year, al-
though otherwise barred by statutes
of limitation,.

Answer in, may be made of any defence which
might have been made by plea in abate-
ment,

when overruled or amendment made by
plaintiff on account thereof, defendant
to answer or plead to merits,. .655, 656
may be amended by defendant, or he may on
leave answer over,

in action for waste,

in petitions for jury in highway cases,
in petitions for partition,.

Of taxes,
ABDUCTION.

of unmarried female, under sixteen years, for 'a
clandestine marriage, how punished, 817
of unmarried women for prostitution,

of assignees of insolvent debtors,
589
of executors and administrators,... 650–652
of public officers, in case of process of man-
damus, .

....

744

of trustee, in trustee process,
of parties in real and personal actions and
proceedings, general provisions, 648, 649,650
in insolvency proceedings,.
In criminal cases, pleas of, to an indictment,

...

725, 726

583

453, 710
79, 80, 81

817