2. At common law, a writ of right lies only against the tenant of the freehold demanded. 8 Cranch, 239.

3. This writ brings into controversy only the rights of the parties in the suit, and a defence that a third person has better title will not avail. Id.; 7 Wheat. 27; 3 Pet. 133. See 2 Wheat. 306; 4 Bing. N. S. 711; 3 Bing. N. S. 434; 4 Scott, R. 209; 6 Scott, R. 435; Id. 738; 1 Bing. N. S. 597; 5 Bing. N. S. 161; 6 Ad. & Ell. 103; 1 H. Bl. 1; 5 Taunt. R. 326; 1 Marsh. R. 68; 2 Bos. & P. 570; 1 N. R. 64; 4 Taunt. R. 572; 3 Bing. R. 167; 2 W. Bl. Rep. 1261; 1 B. & B. 17; 2 Car. & P. 187; Id. 271; Holt, R. 657; 8 Cranch, 229; 3 Fairf. 312; 7 Wend. 250; 3 Bibb, 57; 3 Rand. 563; 2 J. J. Marsh. 104; 2 A. K. Marsh. 396; 1 Dana, 410; 2 Leigh, R. 1; 4 Mass. 64; 17 Mass. 74.

WRIT OF TRESPASS, practice. This writ lies where a party claims damages for a trespass committed against his person, or tangible and corporeal property. See Trespass.

among the more ancient actions of debt, covenant, trespass, &c. Such being the nature of this action, it comprises, of course, many different species. There are two, however, of more frequent use than any other species of trespass on the case, or, perhaps, than any other form of action whatever. These are assumpsit and trover. Steph. Pl. 15, 16.

WRIT OF TOLT, Eng. law. The name of a writ to remove proceedings on a writ of right patent from the court baron into the county court. 3 Bl. Commentaries, App. No. 1, § 2.

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. F. N. B. 125.

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, WRIT OF TRESPASS ON THE CASE, prac- which is the formation of words on paper or tice. A writ which lies where a party other proper substance by means of a stamp. sues for damages for any wrong or cause Sometimes by writing is understood printof complaint to which covenant or trespassing, and sometimes printing and writing will not apply. See 3 Woodd. 167; Steph. Pl. 15.

mixed.

2. 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 nun

by the testator; and nuncupative wills must be reduced to writing by the witnesses within a limited time after the testator's death.

2. This action originates in the power given by the statute of Westm. 2, to the clerks of chancery to frame new writs in consimili casu with writs already known. Under this power they constructed many writs for different injuries, which were con-cupative wills, must be in writing, and signed sidered as in consimili casu, with, that is, to bear a certain analogy to a trespass. The new writs invented for the cases supposed to bear such analogy, have received, accordingly, the appellation of writs of trespass on the case, as being founded on the particular circumstances of the case thus requiring a remedy, and, to distinguish them from the old writ of trespass; 3 Reeves, 89, 243, 391; and the injuries themselves, which are the subjects of such writs, are not called trespasses, but have the general name of torts, wrongs, or grievances.

3. The writs of trespass on the case, though invented thus, pro re nata, in various forms, according to the nature of the different wrongs which respectively called them forth, began, nevertheless, to be viewed as constituting collectively a new individual form of action; and this new genus took its place, by the name of Trespass on the case,

3. 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 something, or suffer it to be done.

WRONG. An injury; (q. v.) a tort; (q. v.) 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; failure by a man to perform his undertaking or promise, is a

wrong or injury to him to whom it was made. 3 Bl. Com. 158.

WRONG-DOER. One who commits an in-
jury, a tort-feasor. (q. v.) Vide Dane's
Abridgment, Index, h. t.
These words

WRONGFULLY INTENDING.

2. Wrongs are divided into public and private. 1. A public wrong is an act which is injurious to the public generally, com- are used in a declaration when in an monly known by the name of crime, misde-action for an injury, the motive of the meanor, or offence, and it is punishable in defendant in committing it can be proved, various ways, such as indictments, sum- for then his malicious intent ought to be mary proceedings, and upon conviction by averred. This is sufficiently done if it bet death, imprisonment, fine, &c. 2. Private substantially alleged, in general terms, as wrongs, which are injuries to individuals, wrongfully intending. 3 Bouv. Inst. n. unaffecting the public: these are redressed 2871. by actions for damages, &c. See Remedies.

Y.

YARD. A measure of length, contain- | alteration of the calendar (q. v.) from old to ing three feet, or thirty-six inches.

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 tity of land containing twenty acres. Litt. 69 a.

new style in England, (see Bissextile,) and the colonies of that country in America, the year in chronological reckoning was supposed to commence with the first day of January, although the legal year did not commence until March 25th, the intermequan-diate time being doubly indicated: thus Co. 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.

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.

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 preceding, 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,

4. The civil year commences immediately after twelve o'clock at night of the thirty-§ 3. 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 months thereafter. Vide Com. Dig. Ann.; 2 Bl. Com. by Chitty, 140, n.; Chitt. Pr. Index tit. Time. Before the

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.

question, shall, at the desire of one-fifth of those present, be entered on the journal.” Vide 2 Story, Cons. 301.

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 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 shillings a year. 2 Inst. 668; 2 Dall. 92.

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 the reign of the English King Ed. II. inclusive, to the time of Henry VIII., which were YIELDING AND PAYING, contracts. taken by the prothonotaries or chief scribes These words, when used in a lease, constiof the courts, at the expense of the crown, tute a covenant on the part of the lessee to and published annually, whence their name pay the rent; Platt on Coven. 50; 3 Penna. Year Books. They consist of eleven parts, Rep. 464; 1 Sid. 447, pl. 9; 2 Lev. 206; namely: Part 1. Maynard's Reports, temp. 3 T. R..402; 1 Barn. & Cres. 416; S. C. Edw. II.; also divers Memoranda of the Ex-2 Dow. & Ry. 670; but whether it be an chequer, temp. Edward I. Part 2. Reports express covenant or not, seems not to be in the first ten years of Edw. III. Part. 3. settled. Sty. 387, 406, 451; Sid. 240,, Reports from 17 to 39 Edward III. Part 4. 266; 2 Lev. 206; S. C., T. Jones, 102; Reports from 40 to 50 Edward III. Part 5. 3 T. R. 402. Liber Assisarum; or Pleas of the Crown, temp. Edw. III. Part 6. Reports temp. Hen. IV. 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

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.