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In Doe d. Shrewsbury v. Wilson (sup.), the words "made payable yearly" were considered the same as if the words had been "payable every year." "In common parlance the word 'yearly' in such Powers, means not a payment of rent once a year, but that the same is to be paid in or during every year. In one sense a rent reserved half-yearly is payable yearly, because it is payable during the year" (Sug. Pow. 795).

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YEARLY INTEREST.-Interest upon a loan by a banker to a customer for a period less than a year, is not within "any yearly Interest of Money, or any Annuity, or other Annual Payment" (s. 40, 16 & 17 V. c. 34); and therefore the customer is not entitled to deduct Income Tax from such interest (Goslings v. Blake, 23 Q. B. D. 324; 58 L. J. Q. B. 446; 5 Times Rep. 605, distinguishing Bebb and Bunny, 1 K. & J. 216, and Dinning v. Henderson, 3 D. G. & S. 702; 19 L. J. Ch. 273).

YEARLY RENT.-V. CLEAR.

YEARLY VALUE.-V. CLEAR: VALUE.

YIELDING AND PAYING.-These words, with which the reddendum clause in a Lease is usually commenced, create, by their own vigour, a covenant by the lessee to pay the rent reserved (Hellier v. Casbard, 1 Sid. 266 Porter v. Swetnam, Style, 406: Bower v. Hodges, 22 L. J. C. P. 194; 13 C. B. 765, 774. Vf. Elph. 419, 420). But they do not create a Condition Precedent (V. PAYING).

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YOKE.-Used for YARDLAND in Kent (Elph. 631).

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YOUNGER: YOUNGEST. Primâ facie "Younger' or Youngest" has reference to the order of birth (2 Jarm. 213).

An only child would take under a bequest to a person's "youngest child " (Emery v. England, 3 Ves. 232).

As to gifts to children "when the youngest attains 21;" V. 2 Jarm.

165-167.

"Younger Branches" of a family; V. Doe d. Smith v. Fleming, 2 Cr. M. & R. 638; 5 L. J. Ex. 74: 2 Jarm. 98.

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Younger Children," are those which were such at the death of the intestate or heir in possession (per Hatherley, L. C., Catton v. Mackenzie, L. R. 2 H. L. Sc. 203). Vf. Mason v. Westoby, 42 Ch. D. 590: Re Prytherch, Ib. 591.

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'Where an estate is settled on the eldest son, and, subject to that, a Power is given of appointing portions to the younger children, a Younger Child who becomes the Eldest before receiving his portion, is not within the Power (Chadwick v. Doleman, 2 Vern. 528: Teynham v. Webb, 2 Ves. sen. 198: Va. Lincoln v. Pelham, Bowles v. Bowles, Leake v. Leake, 10 Ves. 166,

477: Savage v. Carroll, 1 Ball & Beatty, 265: Matthews v. Paul, 3 Swanst. 328: Peacock v. Pares, 2 Keen, 689); but he must become an Eldest or Only Son in the sense of the Settlement, although not fully expressed, to exclude him from a portion; that is, he must take the estate provided by the Settlement for the Eldest or Only Son (Spencer v. Spencer, 8 Sim. 87: V. Tennison v. Moore, 13 Ir. Eq. Rep. 424), and this even where the Settlement expressly provides that the portion of a Younger Son becoming the Eldest Son in the lifetime of his father shall accrue to the survivors; therefore if the father and his eldest son bar the estate tail and remainders, and dispose otherwise of the estate, the second son, although he may become, by his brother's death without issue in his father's lifetime, the eldest son entitled according to the Settlement, will still be entitled to his portion as a Younger Son (Maconbrey v. Jones, 2 K. & J. 684). This is the exception; but as to the general rule, where a Power was given to appoint a sum amongst Younger Children, provided that the eldest son, or the sen possessing the estate should have no share of it, and an appointment was made, nominatim, to Anthony, the second son, and the other younger children, and, after the appointment, Anthony became the eldest son by the death of his elder brother, and the estate descended upon him, Ld. Thurlow held that Anthony could not take any part of the fund, although the appointment was not revoked (Broadmead v. Wood, 1 Bro. C. C. 77.)" Sug. Pow. 678, 679. Vf. Ib. 620, 693: Elph. ch. 24: ELDEST.

YOUR.-As to effect of contract for "your" wool, or other specified commodity; V. Macdonald v. Longbottom, 28 L. J. Q. B. 293; 29 Ib. 256 ; 1 E. & E. 977, 987.

YOUR CLIENT.-T. CLIENT.

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16.

17.

borough.

guardians and union.

Definitions relating to elections.

18. Geographical and Colonial definitions in future Acts.

19. Meaning of "person" in future Acts.

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writing" in past and future Acts.

"statutory declaration " in past and future Acts.
financial year" in future Acts.

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Definition of Lands Clauses Acts.

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23.

24.

25.

26.

27.

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"ordnance map."

service by post.

"committed for trial."

28. Meanings of "sheriff," "felony," and " misdemeanour," in future Scotch Acts. 29. Meaning of "county court" in future Irish Acts.

References to the Crown.

Construction of statutory rules, &c.

Construction of provisions as to exercise of powers and duties.

Provisions as to offences under two or more laws.

30.

31.

32.

33.

34.

Measurement of distances.

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Exercise of statutory powers between passing and commencement of Act.
Effect of repeal in future Acts.

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An Act for consolidating enactments relating to the Construction of Acts
of Parliament and for further shortening the Language used in
Acts of Parliament.
[30th August 1889.]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Re-enactment of existing Rules.

1.—(1.) In this Act and in every Act passed after the year 1850, whether before or after the commencement of this Act, unless the contrary intention appears,

(a.) words importing the masculine gender shall include females; and (b.) words in the singular shall include the plural, and words in the plural shall include the singular.

(2.) The same rules shall be observed in the construction of every enactment relating to an offence punishable on indictment or on summary conviction, when the enactment is contained in an Act passed in or before the year 1850.

2.-(1.) In the construction of every enactment relating to an offence punishable on indictment or on summary conviction, whether contained in an Act passed before or after the commencement of this Act, the expression person" shall, unless the contrary intention appears, include a body corporate. Cp. 8. 19.

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(2.) Where under any Act, whether passed before or after the commencement of this Act, any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where that body is the party aggrieved.

3. In every Act passed after the year 1850, whether before or after the commencement of this Act, the following expressions shall, unless the contrary intention appears, have the meanings hereby respectively assigned to them; namely,

The expression "month" shall mean calendar month:

The expression "land" shall include messuages, tenements, and hereditaments, houses, and buildings of any tenure:

The expressions "oath" and "affidavit" shall, in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and the expression swear" shall, in the like case, include affirm and declare.

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4. In every Act passed after the year 1850 and before the commencement of this Act the expression "county" shall, unless the contrary intention appears, be construed as including a county of a city and a county of a

town.

5. In every Act passed after the year 1866, whether before or after the commencement of this Act, the expression "parish" shall, unless the contrary intention appears, mean, as respects England and Wales, a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed.

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6. In this Act, and in every Act and Order of Council passed or made Meaning of after the year 1846, whether before or after the commencement of this " county Act, the expression "county court" shall, unless the contrary intention court."

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