THE YEAR
taken from BRITISH STATUTES IN FORCE IN THE STATE OF FLORIDA
from 1947 volume III of the 1941 Florida Statutes,
derived from Thompson's notes on the British Common Law
[page 74.]
21 HENRY III -- STATUTE DE ANNO ET DIE, BISSEXTILI
[The day of the Leap Year, and the day before, shall be holden for one day.]
[A.D. 1236]
The King, unto his Justices of the Bench greeting, Know ye, that where within our realm of England it was doubted of the Year and day that were wont to be assigned unto sick persons be impleaded, when and from what day of the year going before and unto another day of the year following the year and day in a Leap-Year ought to be taken and reckoned how long it was.
¤2. We, therefore, willing that a conformity be observed in this behalf, every where within our realm, and to avoid all danger from such as be in plea, have provided, and by the council of our faithful subjects have ordained, That to take away from henceforth all doubt and ambiguity, that might arise hereupon, the day increasing in the Leap-Year shall be accounted for one year, so that because of that day none shall be prejudiced that is impleaded, but it shall be taken and reckoned of the same month wherein it groweth; and that day, and the day next going before shall be accounted for one day; and therefore we do command you, that from henceforth you do cause this to be published afore you, and be observed. Witness myself at Westminster, & c.
Notes on 21 HENRY III -- Statute De Anno Et Die, Bissextili:
Mr. Reeves says this is not a Statute, but is nothing more than a sort of writ, or direction, to the Justices of the Bench, instructing them how the extraordinary day in the leap-year was to be reckoned, in cases where persons had a day to appear at the distance of a year, as on the essoin demalvo lecti, and the like. Vol 1. p. 266. It is however called a Statute by legal writers, and is found in the print publications of the Statute at large, as well as in the digests and abridgements. 1 Ruff. Stat. 20; Rex v. Worminghall, 6 Maule & Sel R. 350.
The year consists of three hundred and sixty five days and though there be six hours and several minutes over each year, which every fourth year make another day, and therefore there are 366 days in such year, yet by the Stat. de annuo bissextili, 21 Hen. 3. that day shall be reckoned of the same month in which it happens, and that with the preceding shall be accounted as one day -- Half a year consists of 182 days; and a quarter of a year of ninety one days; for there shall be no regard to a part or fraction of a day. Comyn. Dig. tit. Ann. citing Co. Lit, 135. 2 Roll. Abr. 521.
But though the law does not in general allow of the fraction of a day, yet it admits it In cases where it is necessary to distinguish. And there is no reason why the very hour may not be so too, where it is necessary and can be done; for it is not like a mathematical point which cannot be divided. Per Ld. Mansfield, Combe v. Pitt, 3 Bur. R. 1434 ; Pugh v. Robinson, 1 Term. R. 116.
A month is solar, or computed according to the calendar[;] or lunar[,] which consists of twenty-eight days, Co. Lit. 135.b. In all cases where a Statute speaks of a month, it shall be intended of a lunar month, which consists of twenty-eight days, and not of any other. Cro. Jac. 167. 4 Mod. R. 185. Lacon v. Hoover, 6 Term. R. 224. And so in legal proceedings. 3 Burr. R. 1455-Doug. R. 463.
The mode of computing the month in contracts depends on the intention; Land v. Gale, 1 Maule. & Selw. R. 111. Hence, in covenant to pay money at the end of six months, calendar, not lunar, months will be intended. Dyke v. Sweeting, Willes R. 585. So, where a ship is chartered at so much per month, the month is a calendar month; Jolly v. Young - 1 Esp. N. P. C. 186. But in a contract to deliver stock, it is said the computation must be by lunar months; Jeelyn v. Hawkins, Stra. R. 446. Yet if money is lent for nine months, it shall be understood calendar months. Titus v. Preston, Stra. R. 652.
STATUTE 24, GEORGE II, CHAPTER 23
[An act for regulating the commencement of the year; and for correcting the calendar in use.]
[A.D. 1751]
¤1. Whereas the -legal supputation of the year of our Lord in that part of Great Britain called England, according to which the year beginneth on the twenty-fifth day of March, hath been found by experience to be attended with divers inconveniencies, not only as it differs from the usage of neighboring nations, but also from the legal method of computation in that part of Great Britain called Scotland, and from the common usage throughout the whole Kingdom, and thereby frequent mistakes are occasioned in the dates of the deeds and other writings, and disputes arise therefrom. And whereas the Calendar now in use throughout all his Majesty's British dominions, commonly called the Julian Calendar, hath been discovered to be erroneous, by means whereof the Vernal or Spring Equinox, which at the time of the general Council of Nice in the year of our Lord three hundred and twenty-five, happened on or about the twenty first day of March, now happens on the ninth or tenth day of the same month; and the said error is still increasing and, if not remedied, would, in process of time occasion the several Equinoxes, and Solstices to fall at very different times in the civil year, from what they formerly did, which might tend to mislead persons ignorant of the said alteration: And whereas a method of correcting the calendar in such manner, as that the Equinoxes and Solstices, may for the future fall nearly on the same nominal days, on which, the same happened at the time of the said General Council, hath been: received and established, and is now generally practiced by almost all other nations of Europe: And whereas it will be of general convenience to merchants, and other persons corresponding
[page 75.]
with other nations and countries, and tend to prevent mistakes, and disputes in or concerning the dates of letters and accounts, if the like correction be received and established in his Majesty's dominions: May it therefore please your Majesty, that it may be enacted, and be it enacted by the King's most excellent majesty by and with the advice and consent of the lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in and throughout all his Majesty's dominions and countries in Europe, Asia, Africa and America, belonging or subject to the crown of Great Britain, the said supputation, according to which the year of our Lord beginneth on the twenty-fifth day of March, shall not be made use of from and after the last day of December one thousand seven hundred and fifty-one; and that the first day of January next following the said last day of December shall be reckoned, taken, deemed and accounted to be the first day of the year of our Lord one thousand seven hundred and fifty-two; and the first day of January which shall happen next after the said first day of January one thousand seven hundred and fifty-two, shall be reckoned, taken, deemed, and accounted to be the first day of the year of our Lord one thousand seven hundred and fifty-three; and so on, from time to time, the first day of January in every year, which shall happen in time to come, shall be reckoned, taken, and deemed, and accounted to be the first day of the year; and that each new year shall accordingly commence, and begin to be reckoned, from the first day of every such month of January next preceding the twenty-fifth day of March, on which such year would, according to the present suppuration, have begun or commenced: And that from and after the said first day of January one thousand seven hundred and fifty-two, the several days of each month shall go on, and be reckoned and numbered in the same order; and the Feast of Easter and other moveable Feasts thereon depending, shall be ascertained according to the same method, as they now are, until the second day of September in the said year one thousand seven hundred and fifty-two inclusive; and that the natural day next immediately following the said second day of September, shall be called, reckoned, and accounted to be the fourteenth day of September, omitting for that time only the eleven intermediate nominal days of the common Calendar; and that the several natural days, which shall follow and succeed next after the said fourteenth day of September, shall be respectively called according to the order and succession of days now used in the present Calendar; and that all acts, deeds, writings, notes, and other instruments of what nature or kind soever, whether Ecclesiastical or civil, public or private, which shall be made, executed, or signed, upon or after the said first day of January one thousand seven hundred and fifty-two, shall bear date, according to the said new method of supputation, and that the two fixed Terms of St. Hilary and St. Michael, in that part of Great Britain called England, and the Courts of Great Sessions, in the Counties Palatine, and in Wales, and also the Courts of General Quarter-Sessions and General Sessions of the Peace, and all other Courts of what nature or kind soever, whether civil, criminal, or ecclesiastical, and all meetings and assemblies of any bodies politic or corporate, either for the election of any officers or members thereof, or for any such officers entering upon the execution of their respective offices, or for any other purpose whatsoever, which by any law, statute, charter, custom, or usage within this Kingdom, or within any other the dominions or countries subject or belonging to the crown of Great Britain, are to be holden and kept on any fixed or certain day of any month, or on any day depending upon the beginning, or any certain day of any month (except such Courts as are usually holden or kept with any fairs or marts) shall, from time to time, from and after the said second day of September, be holden and kept upon or according to the same respective nominal days and times, whereon or according to which the same are now to be holden, but which shall be computed according to the said new method of numbering and reckoning the days of the Calendars as aforesaid, that is to say, eleven days sooner than the respective days whereon the same are now holden and kept; any law, statute, charter, custom, or usage, to the contrary thereof in any wise notwithstanding.
¤2. And for the continuing and preserving the calendar or method of reckoning and computing the days of the year in the same regular course, as near as may be, in all times coming; be it further enacted by the authority aforesaid That the several years of our Lord, one thousand eight hundred, one thousand nine hundred, two thousand and one hundred, two thousand two hundred, two thousand three hundred, or any other hundreth years of our Lord, which shall happen in time to come, except only every fourth hundreth year of our Lord, whereof the year of our Lord two thousand shall be the first, shall not be esteemed or taken to be Bissextili or Leap Years, but shall be taken to be common years, consisting of three hundred and sixty-five days, and no more; and that the years of our Lord two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundred year of our Lord, from the said year of our Lord two thousand inclusive, and also all other years of our Lord, which by the present supputation are esteemed to be Bissextili or Leap
[page 76.]
Years, shall for the future, and in all times to come, be esteemed and taken to be Bissextili or Leap Years, consisting of three hundred and sixty-six days in the same sort and manner as is now used with respect to every fourth year of our Lord.
(The residue of this Statute local and temporary and therefore omitted).
Notes on Statute 24, George II, Chapter 23.
The Solar, or Julian year, which was established by Julius Caesar in the year B. C. 47, was of the length of three hundred and sixty-five days and six hours and exceeded the true length by about eleven minutes, which amounted to a day in about one hundred and thirty years. Hence in the sixteenth century the vernal equinox on which was based the calculation for ascertaining Easter, really took place on the 10th instead of the 21st of March according to the calendar. Pope Gregory XIII, in order to remedy the error, acting upon the advise of a Council of prelates, and learned men, in the year 1582 issued his brief or bill abolishing the Julian Calendar and introducing the one now in use, which has since been called by the name of Gregorian, or reformed Calendar. The amendment consisted of this: ten days were dropped after the 4th of October 1582, and the 15th was reckoned immediately after the 4th. Every 100th year which by the Julian Calendar was to have been a leap year, was now to be a common year, the fourth excepted: i.e. 1600 was to remain a leap year, but 1700, 1800, 1900, to be of the common length and 2000 a leap year again. In this Calendar the length of the Solar year was taken to be 365 days, 5 hours, 49 minutes and twelve seconds.
The Catholic States, adopted the new calendar at once, but the Protestants, and the residue of Europe adhered to the Julian, and hence the distinction between the old and new style, which has prevailed since 1582. The difference until 1699 was ten days, and from 1700, eleven days; during 1800 twelve days must be reckoned, so that the 1st of January of the old style correspond to the 13th of the new style.
Although an effort was made as it is said, in the reign of Elizabeth the new style was not adopted in England till the enactment of this statute. It has since been adopted, generally by all the Protestant states of Europe. Russia it is believed is the only state now adhering to the Julian or old calendar.. Enc. Ann. Vol. 2. p. 401-403.
The legal year in England commenced on the 25th of March; by this statute it is made to commence as at present on the first day of Jan.
See also: British Calendar Act of 1751
"(Ind. 1854) By the statute of 21 Henry III, the 28th and 29th days of February are reckoned as one day. That statutes is in force in Indiana, it being prior to 4 James I.--Swift v. Tousey, 5 Ind. 196" (Centenital Digest, TIME, p. 2989, § 2, b.)