year

The period in which the revolution of the earth round the sun, and the accompanying changes in the order of nature, are completed. Generally, when a statute speaks of a year, twelve calendar, and not lunar, months are intended. The year is either astronomical, ecclesiastical, or regnal, beginning on the 1st of January, or 25th of March, or the day of the sovereign's accession. The civil year differs from the astronomical, the latter being composed of three hundred and sixty-five days, five hours, forty-eight minutes, forty-six seconds and a fraction, while the former consists sometimes of three hundred and sixty-five days, and at others, in leap-years, of three hundred and sixty-six days. When the period of a "year" is named, a calendar year is generally intended, but the subject-matter or context of statute or contract in which the term is found or to which it relates may alter its meaning.

See also current year

- fiscal year

- taxable year.

See also calendar year.

@ natural year

In old English law, that period of time in which the sun was supposed to revolve in its orbit, consisting of 365 days and one-fourth of a day, or six hours

@ year and day

This period was fixed for many purposes in law. Thus, in the case of an estray, if the owner did not claim it within that time, it became the property of the lord. So the owners of wreck must claim it within a year and a day. Death must follow upon wounding within a year and a day if the wounding is to be indicted as murder.

Also, a year and a day were given for prosecuting or avoiding certain legal acts; e.g., for bringing actions after entry, for making claim for avoiding a fine, etc.

See also year and a day rule

@ Year Books

Books of reports of cases in a regular series from the reign of the English King Edward I, inclusive, to the time of Henry VIII, which were taken by the prothonotaries or chief scribes of the courts, at the expense of the crown, and published annually; whence their name, "Year Books."

+ Year Books

Books made up of reports of English cases from Edward II, 1292, to Henry VIII, early in the sixteenth century. They constitute an important source of information on the early English common law

@ year, day, and waste

In English law, an ancient prerogative of the king, whereby he was entitled to the profits, for a year and a day, of the lands of persons attainted of petty treason or felony, together with the right of wasting the tenements, afterwards restoring the property to the lord of the fee. Abrogated by St. 54 Geo. Ill, c. 145.

See an, jour, et waste

@ year of Our Lord

In England the time of an offense may be alleged as that of the sovereign's reign, or as that of the year of our Lord. The former is the usual mode. Hence there "year" alone might not indicate the time intended, but as we have no other era, therefore, any particular year must mean that year in our era. The abbreviation A.D. may be omitted; and the word year is not fatal

@ year to year, tenancy from

@ tenancy from year to year

This estate arises either expressly, as when land is let from year to year; or by a general parol demise, without any determinate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a rent payable yearly, half-yearly, or quarterly; or when a tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is tenant on sufferance).

See also tenant (tenant from year to year)

- estate for years

+

A periodic tenancy which runs from one year to the next.

See periodic tenancy

@ year and a day rule

At common law, death could not be attributed to defendant's wrongful conduct unless it occurred within a year and a day of the conduct. The rationale for this rule was the lack of medical precision in determining cause after such a long period of time, coupled with the very real probability of an intervening cause being responsible for the death. In view of the medical advances of the twentieth century, it can be argued that the year and a day rule is obsolete and should be discarded. Although some jurisdictions have done this either by legislation or judicial decision, most jurisdictions have not.

See Elliott v. Mills, Okl.Cr.App., 335 P.2d 1104

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