Gambar halaman
PDF
ePub
[blocks in formation]

3195, $ 34; Shannon's Code Tenn. 1896, $ 64; Const. art. 2, § 2, providing that no perKy. St. 1903, § 452

son should at any time be allowed to vote

in the election of the city council of the As crop year.

city of Providence, or upon any proposition A year is a period of time, and it does not to impose a tax, or for the expenditure of necessarily mean the period commencing money in any town or city, unless he shall with the 1st day of January and ending with “within the year next preceding" have paid the 31st day of the succeeding December. a tax assessed upon bis property therein, valWhen the term is used in a contract, its ued at least at a certain sum, does not mean meaning is to be determined from the con- the preceding calendar year, but only the nection in which it is used and the subject- preceding 12 months. In re Providence Votmatter of the contract. As used in an agree- ers, 13 R. I. 737, 740. ment for the purchase of certain fruits, providing that portion of the purchase price

As year of office. was to be paid when the crop was taken off Although it is true that in ordinary dealat the end of the “year,” was meant the end ings and discourse, when the period of a year of the fruit season, and not the end of the is mentioned, it will be intended that a calcalendar year. Brown v. Anderson, 19 Pac. endar year was spoken of, yet that significa487, 488, 77 Cal. 236.

tion is not necessary always and at all times

to be given to the word. On the contrary, the As fiscal year.

period of time intended to be designated by Unless otherwise expressed, the word the term "year" is to be determined by the "year" is always intended to mean the cal subject-matter in the context, and that sigendar year; but, where applied to matters of nification is to be given which accords with revenue, the presumption is in favor of its the intention of the party using it. Thus, in referring to a fiscal year. Glasgow v. Rowse, a statute fixing the termini of office of cer43 Mo. 479, 487.

tain officers, the word “years" was construed

to mean political years from the general elecAs license year.

tion, including the time between one general “Year,” as used in 1 Rev. St. p. 679, § 5, election and the succeeding general election. prescribing the time during which license to Thornton v. Boyd, 25 Miss. 598, 604. sell liquors shall remain in force, refers to

The expression “one whole year,” as the license year, and not to the calendar used in a statute, must be understood to be year. Disbrow v. Saunders (N. Y.) 1 Denio, a political, or, ratber, a municipal, year, 149, 150.

which may sometimes exceed and sometimes

fall short of a calendar year. As used in As theatrical season.

St. 1793, c. 34, art. 6, § 2, providing that any "Years," as used in a contract whereby person, being chosen and actually serving a party agreed to perform at another's the one whole year" in certain offices in any ater, and the latter agreed to engage her for town or district, shall thereby gain a settlethree years, etc., according to the uniform ment therein. Inhabitants of Paris v. Inbabusage of a theatrical profession, means sim- itants of Hiram, 12 Mass. 262, 263. ply the theatrical season; that is, the time when the theater is open for performance. By charter the capital burgesses and Grant v. Maddox, 15 Mees. & W. 737, 745.

common council of a borough were authorized

every year, on Monday next before MichaelAs 12 calendar months.

mas, to elect and nominate one of the capital The word "year" is interpreted to mean

burgesses to be mayor for one whole year 12 calendar months.

thence next ensuing; and he, before he Muse v. London As

were admitted to execute that office, or in sur. Corp., 108 N. C. 240, 244, 13 S. E. 94.

any way to intermeddle in the same office, The term "year" does not necessarily was, on Friday next after the feast of St. mean the period commencing with the 1st Michael next ensuing such nomination and day of January and ending with the 31st day election, not only to take this corporal oath of the succeeding December. When the well and faithfully to execute the office, but word "year" is used, 12 calendar months are also all the oaths appointed by a mayor to be usually intended, but not necessarily 12 taken; and after such oath so taken, he months commencing with the first and end- might execute the office of mayor of the ing with the twelfth month of the calendar borough for one wbole year then next ensuarranged by St. Geo. II. When the word ing. It was then provided that none who "year" is used, its meaning is to be deter- should have once borne the office of mayor mined from the subject-matter of the con- should be again elected and preferred to be tract and the connection in which it is used, mayor within the space of three years next and which will carry into effect the inten- ensuing the end and determination of his tion of the parties. Knode v. Baldridge, 73 office of mayoralty. Held, that the words Ind. 54, 55 (citing Thornton v. Boyd, 25 “three years," mentioned in the prohibitory Miss. 598; Inbabitants of Paris v. Inbabit- clause, imported years of office, and not calants of Hiram, 12 Mass. 262).

endar years, and therefore a person who had

[ocr errors]

YEAR

7554

YEARLY INCOME

once served the office of mayor might be | YEAR TO YEAR.
again promoted to the same office as soon as
three mayoralties had intervened. King v.

See “Tenant from Year to Year."
Swyer, 10 Barn. & C. 486.

YEARLING. As used in Act April 20, 1818, c. 118, relating to the compensation of the receivers of See “Short Yearling." public moneys, providing that the whole amount which any such officer shall receive “Yearling," as used by dealers in cattle shall not exceed for any one year a certain has a well-defined meaning, viz., cattle from sum, means a year commencing from the 10 months to 18 months of age. Vassau v. date of his appointment, instead of calcu- Campbell, 81 N. W. 829, 830, 79 Minn. 167. lating it by the fiscal year, which commences

Any animal in the second year of its with the calendar year on the 1st day of Jan- growth is a yearling. Stollenwerk v. State, uary in every year. United States v. Dick- 55 Ala. 142. son, 40 U, S. (15 Pet.) 141, 160, 10 L. Ed. 689.

In defining the word yearling, Webster As year of our Lord.

uses as an illustration the term "yearling

heifer.” In Montana, when an animal of the The word “year,” when used in any bovine species has reached the age of one statute, is equivalent to the expression, “year year, it is usually called a yearling. Milligan of our Lord."

Rev. St. Utah, 1898, § 2498; V. Jefferson County, 2 Mont. 543, 546. V. S. 1894, 12; Code Va. 1887, § 5 (Va. Code 1904, p. 6]; Hurd's Rev. St. Ill. 1901, p, 1719,

YEARLY. C. 131, § 1, subd. 10; Horner's Rev. St. Ind. 1901, $ 240, subd. 5; Rev. St. Wyo. 1899, 8 As used in a lease at the rate of a 2724; Rev. St. Wis. 1898, § 4971; Rev. St. "yearly" rent of £42, followed by the proviMe. 1883, p. 59, c. 1, § 6, subd. 11; Rev. sion that the first payment should be for the Laws Mass. 1902, p. 88, c. 8, § 5, subd. 11; period from April 19th to une 24th, being Rev. Code Del. 1893, p. 43, c. 5, § 1, subd. 8; the proportion of rent to that date, followed Code W. Va. 1899, p. 132, c. 13, & 14; Code by the regular babendum clause, “until one Iowa 1897, § 48, subd. 11; Code N. C. 1883, of the said parties shall give unto the other 8 3765, subd. 3; Gen. St. Kan. 1901, § 7342, six calendar months' notice in writing to subd. 11; Comp. Laws Mich. 1897, $ 50, quit," the word "yearly" was only a word subd. 10; Pub. St. N. H. 1901, p. 63, c. 2, § 8; of calculation, and did not fix the term. Doe Rev. St. Mo. 1899, § 4160; Ky. St. 1903, 8 452; v. Grafton, 18 Adol. & E. (N. S.) 496, 501. Gen. St. Minn. 1894, $ 225, subd. 9.

A power under which a lease was grantUnder Rev. St. c. 1, § 4, cl. 11, providing ed, providing that a rent should be reserved that the word "year,” when used for a date, and “made payable yearly," did not require means "year of our Lord,” an indictment al- that there should be one entire yearly payleging that the crime was committed in the ment, but the words were the same as “pay. year 1859 was not defective for failure to able every year.” Doe v. Wilson, 5 Barn. & state in what era the year occurred. State Ald. 363. v. Bartlett, 47 Me. 388, 393.

YEARLY INCOME. “It is a fact, historically known, that Christian nations have generally adopted the "Yearly income,” within the meaning of Gregorian calendar, numbering the years St. 1793, c. 34, § 2, cl. 4, giving a settlement from the birth of Christ. This is a Chris- to persons having a freehold of the clear tian state, and has adopted the same, and yearly income of £3 and taking the rents when the year is mentioned in our legisla- and profits thereof three years successively, tive or judicial proceedings, and no mention means not the sum actually received annualis made of the Jewish, Mohammedan, or oth- ly by the owner of the estate as rents and er system of reckoning the time, all under-profits, but the yearly value thereof as a stand the Christian calendar to be used."

rentable estate. Inhabitants of Pelham y. Engleman v. State, 2 Ind. (2 Cart.) 91, 92. Inhabitants of Middleborough, 70 Mass. (4 52 Am. Dec. 494.

Gray) 57, 59.

“Yearly income,” within the meaning of YEAR OF OUR LORD.

St. 1793, c. 34, giving a settlement to persons

having an estate of inheritance or freehold The expression "year of our Lord” has of the clear yearly income of £3 and taking a well-settled meaning, and indicates a year rents and profits thereof three years succes. of the Christian calendar, which begins Jan- sively, means an actual annual income of a wary 1st and ends the 31st of the succeeding designated amount in each and every year December. Garfield Tp., Finney County, v. for three years. Inhabitants of Western v. Dodsworth, 58 Pac. 505, 567, 9 Kan. App. Inhabitants of Leicester, 20 Mass. (3 Pick.) 752.

198.

YEARLY INCOME

7555

YOKE OF OXEN

A "yearly income,” within Settlement The word "yield,” in a stipulation that Act Mass. 1793, c. 34, providing that the the capital stock of a company should yield occupant of a freehold estate by a clear annually certain dividends, implies a natural yearly income of $10 has a settlement, etc., accretion from the business of the corporais to be ascertained by deducting all expenses tion. Struthers v. Clark, 30 Pa. (6 Casey) 210, to which the income might necessarily or le- 213. gally be subjected, and must be valued as if the property bad been subject to taxation,

YIELDING AND PAYING. when forbearance to tax it has been on account of the poverty of the occupants. In "Yielding and paying," as used in a lease habitants of Freeport v. Inhabitants of sido requiring the yielding and paying of rent, ney, 21 Me. (8 Shep.) 305, 306.

created a liability, and not an express cove

nant, for the payment of rent. Fanning v. YEARLY MEETING.

Stimson, 13 Iowa, 42, 49. “Yearly meeting,” as used in a will giv

The words "yielding and paying,” in a ing land to the yearly meeting of people law as creating a covenant by the lessee to

lease for years, were construed at common called “Quakers," means the assemblage composed of representatives from the quar

pay rent.

Young V. Hargraves' Adm'r, 7 terly meetings, and such other members of Ohio, 63, 69, pt. 2. the society within its limits as might be pres

The expression “yielding and paying ent and the individuals composing it. The rent,” in a lease, expresses the thing to be devise was not to any certain individuals, done, and in that sense the contract is exbut to the members of an assembly, meeting press; but the words, being introduced in together annually, and to such other mem

form as a condition of the demise, are susbers of this variable body in endless succes- ceptible of such construction, and the covesion as by delegation should compose it. nant arising out of the words “yielding and Greene v. Dennis, 6 Conn. 293, 299, 16 Am paying" is an implied one, and the lessee is Dec. 58.

liable on it for rents accruing after an as

signment of his term. Kimpton v. Walker, 9 YEARLY PRODUCE.

Vt. 191, 198. "Yearly produce,” as used in a demise

As used in a lease of land, the lessee of a farm, whereby it was agreed to furnish “yielding and rendering" therefor a certain the owner with one-half of the yearly prod- amount of rent, and providing that, if not uce of such farm, did not comprehend the paid at the day appointed, it should be rewood and timber of the farm cut thereon, covered as an action of debt, import a covebut only such crops as are annually gathered. nant, and not a condition. De Lancey v. Ladd v. Abel, 18 Conn. 513, 518.

Ganong, 9 N. Y. (5 Seld.) 9, 20 (citing Jackson v. McClallen [N. Y.) 8 Cow. 295; 2 Bac.

Abr. 556; Boone v. Eyre, 2 W. Bl. Rep. 1314). YEARLY VALUE.

In case of an indenture or deed executed See “Clear Annual or Yearly Value."

by both the lessor and lessee, or grantor and The "yearly value of a widow's dower" grantee, a covenant to pay the rent therein in real estate, when it is not susceptible of reserved arises on the words “yielding and

some authorities division, and when she is to take an annual paying," and there are sum in lieu of dower, under Rev. Code, p. wbich hold that the words create an express 435, $£ 28, 29, is net annual product, without covenant to pay the rent. It is a covenant the expenditure of money or labor upon it, which runs with the land, and will be bindafter deductions bave been made from its ing on the assignee without his being specialgross income, of all the charges to which it ly named, and as long as he continues to be is subject, such as taxes and repairs. Riley assignee he is liable for the rent in the same V. Clamorgan, 15 Mo. 331, 334.

manner as the lessee or original grantee was. Royer v. Ake (Pa.) 3 Pen. & W. 461, 464.

YEARS.

YOKE OF OXEN. Estate or tenancy for years, see "Estate for Years."

Single ox.

"Yoke of oxen," as used in Gen. St. p. YIELD.

474, § 3, cl. 5, providing that two cows, ten

hogs, one yoke of oxen, etc., shall be exempt The word “yield,” used in the sense of from sale on execution, when owned by a yielding up the possession of an estate, person engaged in farming and who is head means to give as claimed of right, to resign, of a family, includes a steer which is only to surrender, or to give place to. Drake v. 20 months old and has never yet been workCurtis, 55 Mass. (1 Cush.) 395, 405.

ed, or broke to work, and does not neces

YOKE OF OXEN

7556

YOUNG

sarily relate only to cattle already broke to sons whom he is attempting to arrest, is a work. Mallory v. Berry, 16 Kan. 293, 294. sufficient notice of his character as a police “Yoke of oxen,” as used in Acts 1833, cing Roscoe, Cr. Ev. 755; 1 Russ. Crimes, 627;

officer. People r. Pool, 27 Cal. 572, 578 (cit. 80, exempting from execution a horse, mule, or yoke of oxen in the hands of the head of 1 Hale, P. C. 461; Mackalley's Case, 9 Ooke,

68b, 69a). a family, should be construed to include a single ox. Wolfenbarger v. Standifer, 35 Tenn. (3 Sneed) 659, 660.

YOU SHALL HAVE YOUR MONEY. Unbroken oxen.

A statement by a person, when asked

about the settlement of certain books, that Gen. St. 1878, $ 310, subd. 6, exempting the matter ought to have been settled long from execution a "yoke of oxen," should be

ago, and "you shall have your money" with. construed to include a pair of two-year-old in 10 days, means no more than the words, steers, fit to be used for light work, though "I will pay you all I owe you,” and are innot yet broken. The general tendency of the sufficient to remove the bar of the statute of courts is to bold that, where a statute ex- limitations. Ward v. Jack, 33 Atl. 577, 172 empts oxen, young animals of the species Pa. 416, 51 Am. St. Rep. 744. and description, that by time and subsequent growth would become such within a popular sense, are within the meaning and import of | YOUR ACCOUNT. these terms as used in the statute. Berg v.

“Your account,” as used in a letter re Baldwin, 18 N. W. 821, 822, 31 Minn. 541 (citing Dow v. Smith, 7 Vt. 465, 29 Am. Dec. citing, “As there was no time set for the 202; Freeman v. Carpenter, 10 Vt. 433, 33 payment of your account, and J. thought it Am. Dec. 210; Mundell v. Hammond, 40' vt. would be an accommodation to him, etc.

, i 641; Carruth v. Grassie, 77 Mass. [11 Gray] will be surety for the payment” are am211, 71 Am. Dec. 707; Mallory v. Berry, 16 biguous, and may mean either a past or fu

ture account. Walrath v. Thompson (N. Y.) Kan. 293).

4 Hill, 200, 201. "Yoke of steers," as used in Gen. St. C. 47, 8 13, exempting from execution a "yoke

YOUR UNDERWRITERS. of steers” such as the debtor may select, should be construed to include a yoke of "Your underwriters," as used in a consteer calves less than a year old; the words tract for the equipment of a certain factory of the statute not being limited in meaning with automatic sprinklers, providing that the to steers of the age when they are usually sizes of pipe should conform “to the schedule put to service, or to such as were actually required by your underwriters," means the put to use as a team. Mundell v. Hammond, insurance companies to whom the owners of 10 Vt. 641, 642.

such factory might apply for insurance, or In Mundell v. Hammond, 40 Vt. 641, those companies who should furnish such intwo calves less than a year old were held

United States Sugar Refinery v. to be exempt under a statute exempting a

Providence Steam & Gas Pipe Co. (U. S.) "yoke of oxen” or steers. The only distinc- 62 Fed, 375, 379, 10 a. C. A. 422. tion between this statute and ours is that they use the term “yoke of oxen," while ours YOUNG. uses the term "yoke of work oxen." We think they both mean the same. A yoke of The expression "young person," as used oxen means a pair of cattle used for work, in the article relating to factories, means a suitable for work, and that are fit for work- person of the age of 14 years and under the ing together. A yoke of work oxen means age of 18 years. Rev. St. Mo. 1899, $ 10,104. the same thing. Nelson v. Fightmaster, 44

The term "young person," as used in all Pac. 213, 215, 4 Okl. 38

laws relative to the employment of labor,

shall mean a person of the age of 14 years YOU.

and under the age of 18 years. Rev. Laws

Mass. 1902, p. 917, c. 106, $ 8. "You bave got my money on your shelves," as spoken and published of a plain Pub. Laws Me, 1885, c. 275, making it tiff who was a merchant, implied clearly an unlawful to fish for, catch, buy, sell, expose act of fraud, if not a flagrant act of dis- for sale, or possess, between certain days, honesty, committed by such plaintiff in re- any “young lobster” less than 104 inches in gard to the procurement of his goods. Davis length, means any lobster under the prev. Davis (S. C.) 1 Nott & McC. 290, 291.

scribed length, without regard to its age. The inhibition is against taking anything

under the prescribed length. The word YOU ARE MY PRISONERS.

"young" is used in a presumptive or as. The use of the words, “You are my sumptive sense merely. Thompson v. Smith, prisoners. Surrender!"—by an officer to per- 8 Atl. 687, 688, 79 Me. 160.

surance.

YOUNG MEN'S CHRISTIAN ASS'N

7557

YOUTH

YOUNG MEN'S CHRISTIAN ASSOCIA- of testator's children. Otterback v. Bohrer, TIONS.

12 S. E. 1013, 1014, 87 Va. 548. As public charity, see "Public Charity." By the words "youngest child," in a de

vise providing that no division of certain YOUNGER.

real estate should be made among testator's

children until the youngest child should beThe addition of the word “younger" 18 come of age, is meant, not the youngest child no part of a name, and its being found in which shall live to majority, but the youngone case attached to the name, and not in est child living when the will took effect, at another, raises no doubt of the identity of the death of the testator. Simpson v. Cook, the person, when the change is readily ac 24 Minn. 180, 186. counted for on other grounds.

Blake v. Tucker, 12 Vt. 39, 45.

The term "youngest," as used in the

chapter relating to homesteads, is construed The word "younger" or "20" is affixed to mean the decedent's child, whether by to a man's name to distinguish one individual birth or adoption, last to attain majority. from another whose names are the same, Rev. Codes N. D. 1899, § 3627. and the purpose may be supplied by any other description, or wholly dispensed with,

"Youngest grandchild,” as used in a will when no other person of the same name re- devising the estate of the testatrix to her sides in the same town or vicinity. Isaacs executors in trust, to bold during the lives of v. Wiley, 12 Vt 674, 678

her son-in-law and youngest grandchild then living, for the purpose of investing the rents

and profits of the real estate for the benefit YOUNGEST.

of her grandchildren living at her death or A testator devised his farm to the chil-subsequently born, and providing that on the dren of his son W. as a class, other children death of the son-in-law and the arrival of that W. might have to share equally in the her youngest grandchild at the age of 21 benefits of the provision. He also desired the real estate so devised should go to her that the farm should not be divided, but car. grandchildren then living, cannot be conried on under the direction of w., the ex. strued to mean a grandchild not yet born, ecutor, until W. should die, if that should but means the youngest grandchild mention. occur before W.'s youngest child came of ed in the will, since to construe it as meanage, and, if not, the farm to be kept to ing a grandchild not yet born would make gether until the youngest child came of age, the trust invalid by extending the suspenwhen it should be divided equally among sion of alienation beyond two lives in being. them. Held, that the term “youngest child” Roe v. Vingut, 1 N. Y. Supp. 914, 917, 49 meant the youngest child named in the will Hun, 607. or living at testator's death, and not the youngest child that might be born to W.YOUTH. Arnold v. Arnold, 19 S. E. 670, 674, 41 S. C. 291.

"Youth,” as used in a will bequeathing As used in a will providing that the property for the establishment of a free Eng

lish school for the instruction of youth, testa tor's interest in a business concern should be continued, and the profits paid to wherever they may belong, should be conhis executors, until the majority of the strued to include children and youth of both youngest child, and should then be divided sexes, and does not limit the school to the between the testator's wife and children, instruction of either to the exclusion of the does not mean that one of the testator's other. The term “youth" often minor children which shall live to first reach young men.” When used with the indefinite majority, but means the youngest child liv. article (a youth) that is its proper meaning; ing at the time of the testator's death, and but, used by an inhabitant of Massachusetts the effect of the provision is simply to pre-school for the purpose of affording general

in reference to the establishment of a free Fent a division of the estate until the child shall attain the age of 21 years or previously

instruction, the word "youth” includes youth depart this life. In re Sands, 3 N. Y. Supp. is generally understood by educated men; a

of both sexes. This is the sense in which it 67, 69, 1 Con. Sur. 259.

sense not derived from any one source or auThe phrase, "youngest child of all my thority or course of reasoning, but, as all said children,” in a will devising property our knowledge of the sense of vernacular to testator's children in trust "until the language is derived, from good usage. The youngest child of all my said children shall word "youth” differs from the word "chilhave attained the age of 21 years," to apply dren” only by referring to and embracing the net proceeds of the property to the edu- young persons of somewhat more advanced cation of testator's grandchildren, means tes- age and proficiency. Nelson v. Cushing, 56 tator's youngest child, and not the youngest Mass. (2 Cush.) 519, 533.

means

« SebelumnyaLanjutkan »