YARD. A measure of length, containing three feet, or thirty-six
YARD, estates. A piece of land enclosed for the use and accommodation
of the inhabitants of a house. In England it is nearly synonymous with backside.
(q. v.) 1 Chitty, Pr. 176; 1 T. R. 701.
YARDLAND, old Eng. law. A quantity of land containing twenty acres.
Co. Litt. 69 a.
YEAR. The period in which the revolution of the earth round the sun,
and the accompanying changes in the order of nature, are completed.
2. The civil year differs from the astronomical, the latter being composed of
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
three hundred and sixty-six days.
3. The year is divided into half-year which consists, according to Co. Litt.
135 b, of 182 days; and quarter of a year, which consists of 91 days, Ibid. and
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
thirty-first day of December, that is the first moment of the first day of
January, and ends at midnight of the thirty-first day of December, twelve mouths
thereafter. Vide Com. Dig. Ann.; 2 Bl. Com. by Chitty, 140, n.; Chitt. Pr. Index
tit. Time alteration of the calendar (q. v.) from old to new style in England,
(see Bissextile,) and the colonies of that country in America, the year in
chronological reckoning was supposed to cornmence with the first day of January,
although the legal year did not commence until March 25th, the intermediate time
being doubly indicated: thus February 15, 1724, and so on. This mode of
reckoning was altered by the statute 24 Geo. II. cap. 23, which gave rise to an
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
shall be used in any statute, deed, verbal or written contract, or any public or
private instrument whatever, the year intended shall be taken to consist of
three hundred and sixty-five days; half a year of a hundred and eighty-two days;
and a quarter of a year of ninety-two days; and the day of a leap year, and the
day immediately preceeding, if they shall occur in any period so to be computed,
shall be reckoned together as one day. Rev. Stat. part 1, c. 19, t. 1, §3.
YEAR AND DAY. This period of time is particularly recognized in the
law. For example, when a judgment is reversed, a party, notwithstanding the
lapse of time mentioned in the statute of limitations pending that action, may
commence a fresh action within a year and a day of such reversal; 3 Chitty,
Pract. 107; again, after a year and a day have elapsed from the day of signing a
judgment, no execution can be issued until the judgment shall have been revived
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
day is to be reckoned, not by the number of days which go to make up a year, but
by the return of the day of the next year that bears the same denomination. 1
Bell's Com. 721, 5th edit.; 2 Stair, 842. See Bac. Ab. Descent, I 3; Ersk.
Princ. B. 1, t. 6, n. 22.
YEAR BOOKS. These were books of reports of cases in a regular series
from tho reign of the English King Ed. 11. inclusive, to the time of Henry VIII,
which were taken by the prothonotaries or chief scribes of the courts, at the
expense of the crown, and published annually, whence their name Year Books. They
consist of eleven parts, namely: Part 1. Maynard's Reports, temp. Edw. II.; also
divers Memoranda of the Exchequer, temp. Edward I. Part 2. Reports in the first
ten years of Edw. 111. Part. 3. Reports from l7 to 39 Edward III. Part 4.
Reports from 40 to 50 Edward 111. Part 5. Liber Assisarum; or Pleas of the
Crown, temp. Edw. III. Part 6. Reports temp. Hen. TV. and Hen. V. Parts 7 and 8.
Annals, or Reports of Hen. VI. during his reign, in 2 vols. Part 9. Annals of
Edward IV. Part 10. Long Quinto; or Reports in 5 Edward IV. Part 11. Cases in
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
affirmative and negative of a proposition is so called.
2. The constitution of the United States, art. 1, s. 5, directs that "the
yeas and nays of the members of either house, on any question, shall, at the
desire of one-fifth of those present, be entered on the journal." Vide 2 Story,
3. The power of calling the yeas and nays is given by all the constitutions
of the several states, and it is not in general restricted to the request of
one-fifth of the members present, but may be demanded by a less number and, in
some, one member alone has the right to require the call of the yeas and
YEOMAN. In the United States this word does not appear to have any
very exact meaning. It is usually put as an addition to the names of parties in
declarations and indictments. In England it signifies a free man who has land of
the value of forty shillings a year. 2 Inst. 668; 2 Dall. 92.
YIELDING AND PAYING, contracts. These words, when used in a lease,
constitute a covenant on the part of the lessee to pay the rent; Platt on Coven.
50; 3 Penna. Rep. 464; 1 Sid. 447, pl. 9; 2 Lev. 206; 3 T. R. 402; 1 Barn. &
Cres. 416; S. C. 2 Dow. & Ry. 670; but whether it be an express covenant or
not, seems not to be settled. Sty. 387, 406, 451; Sid. 240, 266; 2 Lev. 206; S.
C., T. Jones, 102 3 T. R. 402.
2. In Pennsylvania, it has been decided to be a covenant running with the
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.,
Anno Domini 1318, and so called because it was enacted at York. It contains many
wise provisions and explanations of former statutes. Barr. on the Stat. 174.
There were other statutes made at York in the reign of Edw. III., but they do
not bear this name.
YOUNG ANIMALS. It is a rule that the young of domestic or tame animals
belong to the owner of the dam or mother, according to the maxim Partus sequitur
ventrem. Dig. 6, 1, 5, 2; Inst. 2, 1, 9.