From: Subject: Bouvier's Law Dictionary, 1856 Edition - Letter Y Date: Tue, 1 May 2007 22:13:35 -0600 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0082_01C78C3D.F6352440" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 This is a multi-part message in MIME format. ------=_NextPart_000_0082_01C78C3D.F6352440 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Bouvier's Law Dictionary, 1856 Edition - Letter = Y

Bouvier's Law Dictionary
1856 Edition

Y

YARD. A measure of length, containing three feet, or = thirty-six=20 inches.

YARD, estates. A piece of land enclosed for the use and = accommodation=20 of the inhabitants of a house. In England it is nearly synonymous with = backside.=20 (q. v.) 1 Chitty, Pr. 176; 1 T. R. 701.

YARDLAND, old Eng. law. A quantity of land containing twenty = acres.=20 Co. Litt. 69 a.

YEAR. The period in which the revolution of the earth round = the sun,=20 and the accompanying changes in the order of nature, are completed.

2. The civil year differs from the astronomical, the latter being = composed of=20 365 days, 5 hours, 48 seconds and a fraction, while the former consists, = sometimes of three hundred and sixty-five days, and at others, in leap = years, of=20 three hundred and sixty-six days.

3. The year is divided into half-year which consists, according to = Co. Litt.=20 135 b, of 182 days; and quarter of a year, which consists of 91 days, = Ibid. and=20 2 Roll. Ab. 521, 1. 40. It is further divided into twelve months.

4. The civil year commences immediately after twelve o'clock at night = of the=20 thirty-first day of December, that is the first moment of the first day = of=20 January, and ends at midnight of the thirty-first day of December, = twelve mouths=20 thereafter. Vide Com. Dig. Ann.; 2 Bl. Com. by Chitty, 140, n.; Chitt. = Pr. Index=20 tit. Time alteration of the calendar (q. v.) from old to new style in = England,=20 (see Bissextile,) and the colonies of that country in America, the year = in=20 chronological reckoning was supposed to cornmence with the first day of = January,=20 although the legal year did not commence until March 25th, the = intermediate time=20 being doubly indicated: thus February 15, 1724, and so on. This mode of=20 reckoning was altered by the statute 24 Geo. II. cap. 23, which gave = rise to an=20 act of assembly of Pennsylvania, passed March 11, 1752; 1 Sm. Laws, 217, = conforming thereto, and also to the repeal of the act of 1710.

5. In New York it is enacted that whenever the term "year" or "years" = is or=20 shall be used in any statute, deed, verbal or written contract, or any = public or=20 private instrument whatever, the year intended shall be taken to consist = of=20 three hundred and sixty-five days; half a year of a hundred and = eighty-two days;=20 and a quarter of a year of ninety-two days; and the day of a leap year, = and the=20 day immediately preceeding, if they shall occur in any period so to be = computed,=20 shall be reckoned together as one day. Rev. Stat. part 1, c. 19, t. 1, = =A73.

YEAR AND DAY. This period of time is particularly recognized = in the=20 law. For example, when a judgment is reversed, a party, notwithstanding = the=20 lapse of time mentioned in the statute of limitations pending that = action, may=20 commence a fresh action within a year and a day of such reversal; 3 = Chitty,=20 Pract. 107; again, after a year and a day have elapsed from the day of = signing a=20 judgment, no execution can be issued until the judgment shall have been = revived=20 by scire facias. Id. Bac. Ab. Execution, H; Tidd, Pr. 1103.

2. In Scotland, it has been decided that in computing the term, the = year and=20 day is to be reckoned, not by the number of days which go to make up a = year, but=20 by the return of the day of the next year that bears the same = denomination. 1=20 Bell's Com. 721, 5th edit.; 2 Stair, 842. See Bac. Ab. Descent, I 3; = Ersk.=20 Princ. B. 1, t. 6, n. 22.

YEAR BOOKS. These were books of reports of cases in a regular = series=20 from tho reign of the English King Ed. 11. inclusive, to the time of = Henry VIII,=20 which were taken by the prothonotaries or chief scribes of the courts, = at the=20 expense of the crown, and published annually, whence their name Year = Books. They=20 consist of eleven parts, namely: Part 1. Maynard's Reports, temp. Edw. = II.; also=20 divers Memoranda of the Exchequer, temp. Edward I. Part 2. Reports in = the first=20 ten years of Edw. 111. Part. 3. Reports from l7 to 39 Edward III. Part = 4.=20 Reports from 40 to 50 Edward 111. Part 5. Liber Assisarum; or Pleas of = the=20 Crown, temp. Edw. III. Part 6. Reports temp. Hen. TV. and Hen. V. Parts = 7 and 8.=20 Annals, or Reports of Hen. VI. during his reign, in 2 vols. Part 9. = Annals of=20 Edward IV. Part 10. Long Quinto; or Reports in 5 Edward IV. Part 11. = Cases in=20 the reigns of Edward V, Richard III, Henry VII, and Henry VIII.

YEARS, ESTATE FOR. Vide Estate for Years.

YEAS AND NAYS. The list of members of a legislative body = voting in the=20 affirmative and negative of a proposition is so called.

2. The constitution of the United States, art. 1, s. 5, directs that = "the=20 yeas and nays of the members of either house, on any question, shall, at = the=20 desire of one-fifth of those present, be entered on the journal." Vide 2 = Story,=20 Cons. 301.

3. The power of calling the yeas and nays is given by all the = constitutions=20 of the several states, and it is not in general restricted to the = request of=20 one-fifth of the members present, but may be demanded by a less number = and, in=20 some, one member alone has the right to require the call of the yeas and = nays.

YEOMAN. In the United States this word does not appear to have = any=20 very exact meaning. It is usually put as an addition to the names of = parties in=20 declarations and indictments. In England it signifies a free man who has = land of=20 the value of forty shillings a year. 2 Inst. 668; 2 Dall. 92.

YIELDING AND PAYING, contracts. These words, when used in a = lease,=20 constitute a covenant on the part of the lessee to pay the rent; Platt = on Coven.=20 50; 3 Penna. Rep. 464; 1 Sid. 447, pl. 9; 2 Lev. 206; 3 T. R. 402; 1 = Barn. &=20 Cres. 416; S. C. 2 Dow. & Ry. 670; but whether it be an express = covenant or=20 not, seems not to be settled. Sty. 387, 406, 451; Sid. 240, 266; 2 Lev. = 206; S.=20 C., T. Jones, 102 3 T. R. 402.

2. In Pennsylvania, it has been decided to be a covenant running with = the=20 land. 3 Penna. Reports, 464. Vide 1 Saund. 233, n. 1; 9 Verm. R. = 191.

YORK, STATUTE OF. The name of an English statute, passed 12 = Edw. II.,=20 Anno Domini 1318, and so called because it was enacted at York. It = contains many=20 wise provisions and explanations of former statutes. Barr. on the Stat. = 174.=20 There were other statutes made at York in the reign of Edw. III., but = they do=20 not bear this name.

YOUNG ANIMALS. It is a rule that the young of domestic or tame = animals=20 belong to the owner of the dam or mother, according to the maxim Partus = sequitur=20 ventrem. Dig. 6, 1, 5, 2; Inst. 2, 1, 9.

Index

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