Yielding And Paying

"These words, when used in a lease, constitute a covenant on the part of the lessee to pay the rent (Piatt, Gov. 50; 3 Pa. St. 464; 1 Sid. 447, pi. 9; 2 Lev. 206; 3 Term R. 402; 1 Barn. & 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 R. 402). In Pennsylvania, it has been decided to be a covenant running with the land. 3 Pa. St. 464. See 1 Saund. 233, note 1; 9 Vt. 191.

These words, when used in a lease, constitute a covenant on the part of the lessee to pay the rent; Platt, Cov. 50; Royer v. Ake, 3 Pen. & W. (Pa.) 464; 2 Lev. 206; 3 Term 402; 1 B. & C. 416; 2 Dowl. & R. 670; but whether it be an express covenant or not seems not to be settled; 2 Lev. 206; T. Jones 102; 3 Term 402. In Pennsylvania, it has been decided to be a covenant running with the land; Royer v. Ake, 3 Pen. & W. (Pa.) 464. See 1 Saund. 233, n. 1; * Kimpton v. Walker, 9 Vt 191. Y0RK-ANTWERP RULES. Certain rules relating to uniform bills of lading formulated by the Association for the Reform and Codification of the Laws of Nations, now the International Law Association. These rules are commonly incorporated in contracts of affreightment They are the result of conferences of representatives of mercantile interests from several countries, In the interest of uniformity of law. They have no statutory 'authority. The text is in Maclachlan’s Mercht. Shipping. For a history of them, see Lowndes, Gen. Av.

In a lease, constitute a covenant by the lessee to pay the rent. It the covenant is express, the lessee is bound tor the rent notwithstanding an assignment ot the term and acceptance of the rent by him from the assignee; while, it the covenant is merely implied, the liability ^ Constitution, Art. I, sec. 5, cl. 3. See Cooley, Const. Lim. 140. " 1 Stoiy. Const. § 843. « 1 Stimson, Am. St. Law, p. 69; 1 Sup. p. 7, § 375; Cooley, Const. Lim. 140, cases. / * Etymologists are not agreed as to the origin of the yeo-. It may be — 1. G'e, a servant. 2. Yeo, young. 3. O. Eng. yemeri, to take care of: A. S. geinen, to keep,

— Webster's Diet. " A yeman [young man] hadde he, and servauntz no moo,"

— Chaucer, Prol. Cant. T., 1. 101 (1300). In records of London for 1396 " serving man " is said to be " called yoman." " Youngman " is used for "yeoman " in 33 Hen. VTTT (1?42). 4. Greek, gg, earth, land; Gothic, gau, country: cultivator, husbandman, proprietor. 5. O. Fries,, gaman, a villager. 6. 0. Dutch, goyman^ arbitrator. 7. Oeman, common; i. e., u commoner — next to a gentleman. 8. Yew-bow man — a respectable freeholder next to an esquire. See Skeat'a Etym. Diet.; Notes & Queries, Ser. I, vol. X, p. 468; III, viii, 2K0, 419; ix, 4.33; Yl, i, 416; Long Ago, I, 249, 280; Gent, Mag. 1, 189, 5 1 Bl, Com, 406: 3 Coke, Inst. 6, 68. for rent is but eo-extfensive with the occupation, and the lessee is not liable for such as accrues after assignment and acceptance of the rent by his lessor from the assignee.' YOUIirG. See Animal; Paktus.

Are words used at the beginning of the reddendum clause in a lease, with reference to the rent intended to be payable under the lease. No special form of words is, however, essential. Fawcett Land. ^ T. 83. The words " yielding and paying,'' in a lease, make an implied covenant only, and the lessee is not liable thereon for rent after he has assigned his term. Kimptou u. Walker, 9 Vt. 191.