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Year and Day

time, co, law and claim

YEAR AND DAY. A period of time much recognized in law.

It is not in all cases limited to a precise calender year. In Scotland, in computing the term, the year and day is to be reckon ed, 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, Com. 721. See Bac. Abr. Descent (I 3). In the law of all the Gothic nations, it meant a year and six weeks.

It is a term frequently occurring; for ex ample, in case of an estray, if the owner challenged it not within a year and a day, it belonged to the lord ; 5 Co. 108. So of a wreck; Co. 2d 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. 357 a. And if a person wounded die in that time, it is murder; Co. 3d Inst. 53 ; 6 Co. 107. So, when a judgment is reversed, a party, notwithstanding the lapse of time mentioned in the statute of limita tions pending that action, may commence a fresh action within a year and a day of such reversal ; 3 Chitty, Pr. 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 wire incias; Bac. Abr. Execution (H).

An acquittal on an indictment was no bar to an appeal. After such acquittal the accus ed remained in prison for a year and a day in order to see if the relative of the murdered man wished to begin an appeal ; 2 Holdsw. Hist. E. L. 307.

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, Diet. If a person is afraid to enter on his land, he may make claim as near as possible,—which is in force for a year and a day ; 3 Bla. Com. 175. In case of prize, if no claim is made within a year and a day, the condemnation is to captors as of course ; The Avery, 2 Gall. 388, Fed. Cas. No. 672. 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 ; Stratton v. Jarvis, 8 Pet. (U. S.) 4, 8 L. Ed. 846.

Coke gives various rules as to the proposi tion that the common law has often lim ited year and day as a convenient time. See Co. Litt. 254 b ; 5 Rep. 218.

See Possession for Year and Day, by F. W. Maitland, in 5 L. Q. Rev. 253.

The same period occurs in the Civil Law, in the Book of Feuds, the Laws of the Lom bards, etc.