WRIT OF WASTE. The name of a writ to be issued against a tenant who has committed waste of the premises. There are several forms of this writ. That against a tenant in dower differs from the others. Fitzherbert, Nat. Brev. 125. See WASTE.

WRITERS TO THE SIGNET. In Scotch Law. Anciently, clerks in office of the secretary of state, by whom writs passing the king's signet were prepared. Their duty now is to prepare the warrants of all lands flowing from the crown, and to sign almost all diligencies of the law affecting the person or estate of a debtor, or for compelling implement of decree of superior court. They may act as attorney or agent before court of sessions, and have various privileges. Bell, Dict. Clerk to Signet.

WRITING. The act of forming by the hand letters or characters of a particular kind, on paper or other suitable substance, and artfully putting them together so as to convey ideas.

It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing is understood printing, and sometimes printing and writing mixed.

Many contracts are required to be in writing; all deeds for real estate must be in writing, for it cannot be conveyed by a contract not in writing, yet it is the constant practice to make deeds partly in printing and partly in writing. Wills, except nuncupative wills, must be in writing, and signed by the testator; and nuncupative wills must be reduced to writing by the witnesses within a limited time after the testator's death.

Records, bonds, bills of exchange, and many other engagements must, from their nature, be made in writing.

See FRAUDS, STATUTE OF; LANGUAGE.

WRITING OBLIGATORY. A bond; an agreement reduced to writing, by which the party becomes bound to perform some thing, or suffer it to be done.

WRONG. An injury; a tort; a violation of right

In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract: a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made. 3 Blackstone, Comm. 158.

A public wrong is an act which is injurious to the public generally, commonly known by the name of crime, misdemeanor, or of fence; and it is punishable in various ways, such as indictments, summary proceedings and, upon conviction, by death, imprisonment, fine, etc.

Private wrongs, which are injuries to individuals, unaffecting the public: these are redressed by actions for damages, etc. See REMEDIES; TORT.

YARD.

A piece of land inclosed for the use and accommodation of the inhabitants of a house. In England it is nearly synonymous with backside. 1 Chitty, Pract. 176; 1 Term,

701.

YARDLAND. In Old English Law. A quantity of land containing twenty acres. Coke, 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.

The year is divided into half-year, which consists, according to Coke, Litt. 135 b, of one hundred and eighty-two days; and quarter of a year, which consists of ninety-one days. Id.; 2 Rolle, Abr. 521, 1. 40. It is further divided into twelve months.

mence with the first day of January, although the legal year did not commence until March 25, the intermediate time being doubly indicated: thus, February 15, 172, and so on. This mode of reckoning was altered by the statute 24 Geo. II. c. 23, which gave rise to an act of assembly of Pennsylvania, passed March 11, 1752, I Smith, Laws, 217, conforming thereto, and also to the repeal of the act of 1710.

4. 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 sixtyfive 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 leapyear, and the day immediately preceding, if they shall occur in any period so to be computed, shall be reckoned together as one day. Rev. Stat. pt. 1, c. 19, t. 1, ¿ 3.

YEAR AND DAY. A period of time much recognized in law.

It is not in all cases limited to a precise calendar year. In Scotland, 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. I Bell, Comm. 5th ed. 721; 2 Stair, Inst. 842. See Bacon, Abr. Descent (I 3); Erskine, Inst. 1. 6. 22. In the law of all the Gothic nations, it meant a year and six weeks.

It is a term frequently occurring: for example, in case of an estray, if the owner challenged it not within a year and a day, it belonged to the lord. 5 Coke, 108. So of a wreck. Coke, 2d Inst. 168. This time is given to prosecute appeals and for actions in a writ of right, and, after entry or claim, to avoid a fine. Plowd. 357 a. And if a person wounded die in that time, it is murder. Coke, 3d Inst. 53; 6 Coke, 107. So, 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 till the judgment be revived by scire facias. Bacon, Abr. Execution (H); Tidd, Pract. 1108.

Protection lasted a year and a day; and if a villein remain from his master a year and a day in an ancient demesne, he is free. Cunningham, Dict. If a person is afraid to enter on his land, he may make claim as near as possible, which is force for a year and a day. 3 Sharswood, Blackst. Comm. 175. In case of prize, if no claim is made within a year and a day, the condemnation is to captors as of course. 2 Gall. C. C. 388. So, in case of goods saved, the court retains them till claim, if made within a year and a day, but not after that time. 8 Pet. 4.

The same period occurs in the Civil Law, in Book of Feuds, the Laws of the Lombards, etc.

YEAR-BOOKS.

Books of reports of

cases in a regular series from the reign of the English King Edward II., 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. III. Part 3. Reports from 17 to 39 Edward III. Part 4. Reports from 40 to 50 Edward III. Part 5. Liber Assisarum; or, Pleas of the Crown temp. Edw. III. Part 6. Reports temp. Hen. IV. & 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.

YEAR, DAY, AND WASTE (Lat. annus, dies, et vastum) is a part of king's prerogative, whereby he takes the profits of the lands and tenements of those attainted

of petty treason or felony, for a year and a day, but, in the end, may waste the tenements, destroy the houses, root up the woods, gardens, and pasture, and plough up the meadows (except the lord of the fee agree with him for redemption of such waste); after which the lands are to be restored to the lord of the fee. Staundford, Prerog. c. 16, fol. 44. By Magna Charta, it would ap pear that the profits for a year and day were given in lieu of the waste. 9 Hen. III. c. 22. But 17 Edw. II. declares the king's right to both.

YEARS, ESTATE FOR. See ESTATE FOR YEARS.

YEAS AND NAYS. The list of members of a legislative body voting in the af firmative and negative of a proposition.

The constitution of the United States, art. 1, 8.5, 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." See 2 Story, Const. 301.

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 onefifth 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 nays.

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 shil lings a year. Coke, 2d Inst. 668; 2 Dall. Penn. 92.

YIELDING AND PAYING. These words, when used in a lease, constitute a covenant on the part of the lessee to pay the rent, Platt, Cov. 50; 3 Penn. 464; 1 Sid. 447, pl. 9; 2 Lev. 206; 3 Term, 402;

1 Barnew. & C. 416; 2 Dowl. & R. 670; but whether it be an express covenant or not seems not to be settled. Styles, 387, 406, 451; Sid. 240, 266; 2 Lev. 206; T. Jones, 102; 3 Term, 402.

In Pennsylvania, it has been decided to be a covenant running with the land. 3 Penn. 464. See 1 Saund. 233, n. 1; 9 Vt. 191.

YORK, CUSTOM OF, is recognized by 22 & 23 Car. II.c. 10, and 1 Jac. II. c. 17. By this custom, the effects of an intestate are divided according to the anciently universal rule of pars rationabilis. 4 Burn, Eccl. Law, 342.

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. Barrington, Stat. 174. There were other statutes made at York in the reign of Edward 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.

Ab actis, 17.

Ab ante, 27.

Ab antecedente, 17.

Ab extra, 17.

Ab inconvenienti, 17.

Ab initio, 18, and Trespass.

Ab intestat, 18.

Ab intestato, 18.

Ab invito, 18, 692.

Ab irato, 18.

Abactor, 18.

Abadengo, 18.

Abalienatio, 18.

Abamita, 18.

Abandonment, 18.

in civil law, 18.

by husband or wife, 18, 470.

of inventions, 746, 4-6.
in insurance, 18, ii. 494-496,
602.

plea in variance, 23, 26.
qualities of plea in, 23,
27-29.

as to form, 24, 28.
affidavit of truth, 24,

29.

judgment on plea, 24, 30.
of taxes, 24, 30.

Abator, 24.

Abatuda, 24.

Abavia, 24.

Abavita, 24.

Abavunculus, 24.

Abavus, 24.

Abbey, 24.

Abbreviations, 24-43.
Abbreviators, 43.

Abbrochement, 43.

Abdication, 43.

Abduction, 43.

Abearance, 43.
Aberemurder, 43.
Abet, 43.
Abettor, 43.

Abeyance, 43, 44.
Abiaticus, 44.
Abiding by, 44.
Abigeat, 44.
Abigens, 44.
Abjudicatio, 44.
Abjuration, 44.
Ablegati, 44.

Abordage, 44.

Abortion, 44, 45.

Abortus, 45.

Aboutissement, 45.

Abrogation, 45, 46.

Abscond, 46.

Absconding debtor, 46.

Absence, 46.
Absentee, 46.
Absoile, 46.
Absolute, 46.
Absolution, 46.
Absolutism, 46.

Absque aliquo inde reddendo, 47.

Absque hoc, 46, ii. 606.

Absque impetitione vasti, 47.
Abstention, 47.

Abstract of a fine, 47.
Abstract of a title, 47.
Abuse, 47.

Abuse of female child, 47.
Abut, 47.
Abuttals, 47.
Ac etiam, 47.

Accedas ad curiam, 47.

Accedas ad vice-comitem, 47.

to the action of, 23, Acceptance, 47.

25.

in general, 47, 1, 2.

Acceptance:

of bills of exchange, 48, 2-5.
in insurance, 48, 5.
Acceptilation, 48.
Acceptor, 49.

Acceptor supra protest, 49.
Access, 49.

Accessary, 49, 50.
Accessio, 50.

Accession, 50.

in international, 51.

Accessory, 51.

Accessory actions, 51.

Accessory contract, 51.

Accessory obligations, 51.

Accident, 51, 52.

in equity practice, 52, 2, 3,
534, 8.

Accomenda, 52.

Accommodation paper, 52.
Accomplice, 52.
Accord, 53.

Accouchement, 53.
Account, 53-55.

in practice, 54, 2-6.
in equity, 54, 2, 3.
at law, 54, 4-6.

Account book, 55.
Account current, 55.
Account in bank, 187,
Account stated, 55.
Accountant, 55.

Accountant general, 55.
Accouple, 55.

Accredit, 55.

Accreditulare, 55.

Accrescere, 55.

Accretion, 55, 56.

Accroach, 56.

Accrue, 56.

Accumulative judgment, 56.

Accusation, 56.

Accused, 56.

Accuser, 56.

Achat, 56.

Acherset, 56.

Acknowledgment, 56-67.

Alabama, 56, 57.

Arkansas, 57.

California, 57.

Connecticut, 58.

Delaware, 58.

District of Columbia, 58.
Florida, 58.

Georgia, 58, 59.

Illinois, 59.

Indiana, 59.

Iowa, 59.

Kansas, 59, 60.

Kentucky, 60.

Louisiana, 60.
Maine, 61.

Maryland, 61.

Massachusetts, 61.

Michigan, 61.
Minnesota, 62.
Mississippi, 62.

Missouri, 62.