Year And Day in United States

Year And Day Definition

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. 1 Bell, Comm. (5th Ed.) 721; 2 Stair, Inst. 842. See Bac. Abr. Descent (13); Ersk. 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. 2 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. 357a. And if a person wounded die in that time, it is murder 3 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 Chit. Prac. 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. Bac. Abr. “Execution” (H); Tidd. Prac. 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. 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 Bl. 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. (U. S.) 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. (U. S.) 4. The same period occurs in the civil law, in Book of Feuds, the Laws of the Lombards, etc.

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Legal Issue for Attorneys

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. 1 Bell, Comm. (5th Ed.) 721; 2 Stair, Inst. 842. See Bac. Abr. Descent (13); Ersk. 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. 2 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. 357a. And if a person wounded die in that time, it is murder 3 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 Chit. Prac. 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. Bac. Abr. “Execution” (H); Tidd. Prac. 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. 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 Bl. 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. (U. S.) 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. (U. S.) 4. The same period occurs in the civil law, in Book of Feuds, the Laws of the Lombards, etc.

This definition of Year And Day is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.