英文法律词典 Q-3

QUALIFICATION. Having the requisite¹ qualities for a thing; as, to be president of the United States, the candidate must possess certain qualifications. See President of the United States.

QUALIFIED². This term is frequently used in law. A man hag a qualified property in animals ferae naturae, while they remain in his power, but, as soon as they regain³ their liberty, his property in them is lost. A man has a qualified right to recover property of which he is not the owner, but which was unlawfully taken out of his possession. But this right may be defeated by the owner bring a suit or claiming the property. Vide Animals; Trover.

QUALIFIED FEE, estates. One which has a qualification subjoined to it, and which must be determined⁴ whenever the qualification annexed⁵ to it is at an end. A Iimitation to a man and his heirs on the part of his father, affords an example of this species of estate. Litt. 254; 2 Bouv. Inst. n. 1695.

QUALIFIED INDORSEMENT. A transfer of a bill of exchange or promissory note to an indorsee, without any liability to the indorser; the words usually employed for this purpose, are sans recours, without recourse. 1 Bouv. Inst. n. 1138,

QUALITY, persons. The state or condition of a person.

2. Two contrary qualities cannot be in the same person at the same time. Dig. 41, 10, 4.

3. Every one is presumed to know the quality of the person with whom he is contracting.

4. In the United States, the people happily are all upon an equality in their civil and political rights.

QUALITY, pleading. That which distinguishes one thing from another of the same kind.

2. It is in general necessary, when the declaration alleges⁶ an injury to the goods and chattels⁷, or any contract relating to them, that the quality should be stated and it is also essential, in an action for the recovery of real estate, that its quality should be shown; as, whether it consists of houses, lands, or other hereditaments, whether the lands are meadow, pasture or arable⁸, &c. The same rule requires that, in an action for an injury to real property, the quality should be shown. Steph. Pl. 214, 215. Vide, as to the various qualities, Ayl. Pand. [60.]

QUAMDIU SE BENE GESSERIT. As long as he shall behave himself well. A clause inserted in commissions, when such instruments were written in Latin, to signify the tenure⁹ by which the officer held his office.