, YEAR AND DAY. A period of time much recognized in law.
It is not .in all eases. limited to a precise calendar year. In Scotland, .in coniputing the term, the year and day is to be'reekorted, not by the number of days ivbich go to make up a year, but by'ilae return of the day of the next year Vaal bears .the Same denotaination. I Bell, Comm. 5tb ed. 721; 2 Stair, Inst. 842. 'See Baeon, Abr. Deseeht (I 3); Erskine, 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 i• for ex anipte, in caSe of an estray, if the' oWner challenged ienot within a year and a day, it belonged. to the Mrd. 5.COlce, 108. So of a, vrreck. Coke, 2d Inst.. 168. This time. is given to prosecute appeals and for actions in a writ of right, and, after entry or clahn, to avoid a fine. Plowd.357 a. And if a person vrounded die in that time, it is murder. Coke, 3d Inst. 53 ; 6 Coke, 107. So, when a judg ment is reversed, a party, notvrithstanding the lapse of time mentioned in the statute of limitations pending that action,may cam. mence a fresh action within a year and a day of such. reversal. 3 Chitty, Prod. 1.07. Again, after a year and a day have elapied from the day uf si gn ing. a judgment,. no execution can be issued till the judgincnt be, relived by seire facia& Bacon, Abr. Execution (H); Tidd, Pract. 1108.
•' Protection: lasted a year and a day ; and if ft villein reinain from lii,s master a., year and a • day in an ancie.nt demesne,, he is free. Cunningham, Diet. If it.Person is afraid to
enter on his,land, he inaymake claim as near as possible,—which is Mite for 6, year and a day.. 3 Sharswood, Blackst..Comm. 175. , In case of prize,. if no elaim is made within a year and. a day, the condemnation is to captors as of course. 2 Gall. C. 'C. 388,,,, So, in case of foods 'saved, the court retains them till claim, if made Within a ,year: and a day, but not after that time. .8 Pet. 4. . . • .
The same Period occurs in the Civil Law, in Booli of rends, the Laws of the Loinbarda; etc.
Books of reports of cases in a regulai. series from the reign of the English King Edward II., inclusive, to the time of Henry ym., which were taken by the prothonotaries or chief, scribes or the courts, at the expense of the crown, and published annually,—whence their name Year-Books. They consist of eleven . parts, namely :—Part I. 'Maynard's Reports tenip. Edw. II. ; also divers Memoranda of the Exchequer. temp. Edward I. Part 2. Repdrts in the first ten yeara Of Edw. III. Part 3. Reports from 17 to 39'Edward III. Pert 4. Reports from 40 to 50'Edward 'Pert 5. Liber Assisarum; or, 'Pleas of the Crown teinp. Edvi. III. Part 6. Reports temP. Hen. & Hen. V. Parts 7 'and 8. Annale ; or, 'Reports of' Hen. VL during his reign, in•2 vols. Part 9. Annals of EdWard IV. Part IO. Long Quinto ; or, Reports in 5 Edward IV. Part 11. Cases in the Reigns Of Edward V:, Richard III., Henry VII., and Henry VIII.