Q U O 



QUIZAMA, in Gco^ra/)/.;5', a province of Africa, m the 

 fouthcrn part of Angola ; the country is extenfive, moun- 

 tainous, and badly cultivated ; but it produces abundance 

 of honey, wax, and fait. The inhabitants are warlike, and 

 have not fubmitted to the Portugueie., 



QUIZ IB A, a fmall ifland in the Indian fea, near the 

 coail of Africa. S. lat. 12° 30'. 



QUIZIMAJUGO, a river of Africa, which difcharges 

 itfelf into the Indian fea, S. lat. 8° 50'. 



QUIZINA, or Teusin, a chain of mountains in Fez, 

 90 miles in extent. 



QUIZUMGO, a river of Africa, which runs into the 

 ftraits of Mozambique, S. lat. 17° 20'. 



QUO Jure, in Law, a writ that lies for him who has 

 land, wherein another challengeth common of pafture time 

 out of mind : its defign is to compel the party to (hew by 

 what right or title he challengeth it. This is now out of 

 ufe, as, on the claimant's putting his cattle in, the owner 

 may bring trefpafs, when the claimant muft plead and prove 

 his title. 



Quo Minus is alfo a writ which lies for the king's 

 farmer or debtor in the court of exchequer, againll him to 

 whom he felkth any thing by way of bargain, touching his 

 farm, or againft whom he hath any caufe of perfonal action ; 

 becaufe by the vendee' s detaining any due from him, the 

 farmer is lefs able to pay the king's rent. This was for- 

 merly allowed only to fuch perfons as were tenants or debtors 

 to tlie king : at this day the praftice is become general for 

 the plaintiff to furmife, that, for the wrong which the de- 

 fendant doth him, he is lefs able to fatisfy his debt to 

 his majefty ; which furmife gives jurifdi£tion to the 

 court of exchequer to hear and determine the caufe. 

 Finch. 66. Old N.B. 148. 



Quo minus is alfo a writ that lies for him who has a grant 

 of houfe-bote and hay -bote in another man's woods, againft 

 the grantor making fuch wafte, as that the grantee cannot 

 enjoy his grant. 



Quo Warranto, a writ that lies againft any perfon or 

 torpor ation (which fee) who ufurps any franchile, or liberty, 

 againft the king ; as to have waife, ftray, fair, market, 

 court baron, leet, or fuch like, without good title ; to in- 

 quire by what authority he fupports his claim, in order to 

 determine the right. Finch. L. 322. 2 Inft. 282. 



It alfo lies for mif-ufer or non-ufer of privileges granted ; 

 and even, according to BraClon, againft him that intrudeth 

 himfelf as heir into land. See Intrusion. 



This writ was originally returnable before the king's juf- 

 tices at Weftminfter ; but afterwards only before the juf- 

 tices in eyre, by virtue of the ftatutes of " quo waiTanto," 

 6 Edw. I. c. 1. and 18 Edw. I. ft. 2. (2 Inft. 498. Raft. 

 Entr. 540.) ; butfince thofejuiHces have given place to the 

 king's temporary commiffioners of aflife, the judges on the 

 feveral circuits, this branch of the ftatutes hath Toft its ef- 

 fe6t : and writs of "quo warranto" (if brought at all) 

 muft now be profecuted and determined before the king's 

 -juftices at Weftminfter. And in cafe of judgment for the 

 defendant, he ftial! have an allowance of his franchife ; but 

 in cafe of judgment for the king, for that the party is enti- 

 tled to no fuch franchife, or hath difufed or abufed it, the 

 franchife is either feifed into the king's hands, to be granted 

 out again to whomever he ftiall pleale ; or, if it be not fuch 

 a franchife as may iubfift in the hands of the crown, there is 

 merely judgment of " oufter," to turn out the party who 

 ufurpedit. Cro. Jac. 259. I Show. 280. 



Thejudgment on a writ of quo warranto (being in the na- 

 ture of a writ of right) is final and conclufive even againft the 

 crown. (iSidd. 86. 2 Show. 47. 12 Mod. 225.) This 



QUO 



circumilance, together with the length of its procefs, pro- 

 bably occafioned that difufe into which it is now fallen, and 

 introduced a more modern method of profecution, by infor- 

 mation liled in the court of king's bench by the attorney 

 general, in the nature of a writ of " quo warranto ," in 

 which the procefs is fpeedier, and thejudgment not quite fo 

 decifive. This is properly a criminal method of profecution, 

 ao well to punifti the ufurper by a fine for the ufurpation of 

 the franchife, as to ouft him, or feife it for the crown ; but 

 hath long been applied to the mere purpofes of trying the 

 aftual right, feizing the franchife, or oufting the wrongful 

 podenbr ; the fine being nominal only. Blackft. Com. 

 b. iii. See Intokmation. 



QUOAD HOC, a term often ufed in law reports to fig- 

 nify, " as to the thing named" the law is fo, &c. 



QUOCOLOS, the name of a ftone found in Tufcany, as 

 hard as a flint, lomewhat tranfparent, and, in fome meafure, 

 refembhng marble. In the fire it loles its tranfparency, and 

 becomes lefs ponderous, and white ; and a ftrong fire readily 

 converts it into glafs. It has no medicinal virtues, but 18 

 ufed at Ibme glais-houfes. 



QUOD, Cape, or Quada, a cape on the coaft of Pata- 

 gonia, in the ftraits of Magellan. S. lat. 53^ 33'. W. 

 long. 74° 6'. 



Quod clenci beneficiati de cancel/aria, in Law, a writ 

 to exempt a clerk of the chancery from the contribution 

 towards tlie proftors of the clergy in parliament. Rep. Orig. 

 261. 



Quod clenci non eligantur in officio ballivi, &c. is a writ 

 that lies for a clerk, who, by reafon of forae land he hath, 

 is made, or like to be made, a bailiff, beadle, reeve, or fuch 

 like officer. 



Quod cum, that whereas, being by way of recital, and 

 not pofitively, is not good in indictments. 3 Salk. 188. 

 See Indictment. 



Quod ei deforccat, a writ for tenant in tail, tenant in dower, 

 by the courtefy, or for term of life, having loft their land^ 

 by default, againft him that recovers, or his heir. Reg. 

 Orig. 171. Stat. Weftm. 2. cap. 4. 



This, though not ftriftly a writ of right, fo far partakes 

 of the nature of one, as that it will reitore the right to him 

 who has been thus unwarily deforced bv his own default. 

 (F.N.B. 155.) But in cafe the recovery were not had by 

 his own default, but upon defence in the inferior pofleffbry 

 aftion, this ftiU remains final with fegard to thefe particular 

 eftates, as at the common law : and lience it is, that a com.mon 

 recovery (on a writ of entry in the pojl) had, not by default 

 of the tenant himfelf, but (after his defence made, and 

 voucher of a third perfon to warranty) by default of fucli 

 voucher, is now the ufual bar to cut off^ an eftate-tail. 



This writ may be brought againft a ftranger to the reco- 

 very ; as if a man recover by default, and maketh a feofi- 

 ment, this writ may be had againft the feoffee^. 

 Quod medium. See Medium. 



Quod pennittat, in Law, a writ that lies where a man is 

 difleifed of his common of pafture, and the diffeifor aliens 

 or dies feifed, and his heir enters ; then if the diileifee die, 

 his heir (hall have this writ. See Disturbance of 

 Common. 



QvoT) permittat projlernere. See AJJifs of NusANCE. 

 Q^VOX} perj'ona nee prabendarii, &c. a writ that lies for fpi- 

 ritual perfons, when diftrained in their fpiritual poflefGons, 

 for the payment of a fifteenth, with the reft of the parilh. 

 F.N.B. 176. 



QUODLIBETICAL Question, Quaflio quodlibetica, 

 a coUege term for a thefis, or problem, anciently propofed 

 to be debated in the fchools, out of curiofity and entertain- 

 ment, rather than for the fettling of any ufeful point. 



6 The 



