Definition of YEAR AND DAY.


YEAR AND DAY.

This period of time is particularly recognized
in the law. For example, 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 Chitty, Pract. 107, again,
after a year and a day have elapsed from the day of signing a
judgment, no execution can be issued until the judgment shall
have been revived by scire facias. Id. Bac. Ab. Execution, H,
Tidd, Pr. 1103.


2. In Scotland, it has been decided that 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 Bells Com. 721,
5th edit., 2 Stair, 842. See Bac. Ab. Descent, I 3, Ersk. Princ.
B. 1, t. 6, n. 22.


Source: Bouviers Law Dictionary 1856 Edition

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