Month

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MONTH. A space of time variously computed, as it is applied to astronomical, civil or solar, or lunar months.
     2. The astronomical month contains one-twelfth part of the time employed by the sun in going through the zodiac. In law, when a month simply is mentioned, it is never understood to mean an astronomical month.
     3. The civil or solar month is that which agrees with the Gregorian calendar, and these months are known by the names of January, February, March, &c. They are composed of unequal portions of time. There are seven of thirty-one days each, four of thirty, and one which is sometimes composed of twenty-eight days, and in leap years, of twenty-nine.
     4. The lunar mouth is composed of twenty-eight days only. When a law is passed or contract made, and the month is expressly stated to be solar or civil, which is expressed by the term calendar month, or when it is expressed to be a lunar month, no difficulty can arise; but when time is given for the performance of an act, and the word month simply is used, so that the intention of the parties cannot be ascertained then the question arises, how shall the month be computed? By the law of England a month means ordinarily, in common contracts, as, in leases, a lunar month; a contract, therefore, made for a lease of land for twelve months, would mean a lease for forty-eight weeks only. 2 Bl. Com. 141; 6 Co. R. 62; 6 T. R. 224. A distinction has been made between "twelve months," and "a twelve-month;" the latter has been held to mean a year. 6 Co. R. 61.
     5. Among the Greeks and Romans the months were lunar, and probably the mode of computation adopted in the English law has been adopted from the codes of these countries. Clef des Lois Rom. mot Mois.
     6. But in mercantile contracts, a month simply signifies a calendar month; a promissory note to pay money in twelve months, would therefore mean a promise to pay in one year, or twelve calendar months. Chit. on Bills, 406; 1 John. Cas. 99; 3 B. & B. 187; 1 M. & S. 111; Story on Bills, Sec. 143; Story, P. N. Sec. 213; Bayl. on Bills, c. 7; 4 Kent, Comm. Sect. 56; 2 Mass. 170; 4 Mass. 460; 6 Watts. & Serg. 179.
     7. In general, when a statute Speaks of a month, without adding "calendar," or other words showing a clear intention, it shall be intended a lunar month. Com. Dig. Ann. B; 4 Wend. 512; 15 John. R. 358. See 2 Cowen, R. 518; Id. 605. In all legal proceedings, as in commitments, pleadings, &c. a month means four weeks. 3 Burr. R. 1455; 1 Bl. Rep. 450; Dougl. R. 446 463.
     8. In Pennsylvania and Massachusetts, and perhaps some other states, 1 Hill. Ab. 118, n., a month mentioned generally in a statute, has been construed to mean a calendar month. 2 Dall. R. 302; 4 Dall. Rep. 143; 4 Mass. R. 461; 4 Bibb. R. 105. In England, in the ecclesiastical law, months are computed by the calendar. 3 Burr. R. 1455; 1 M. & S. 111.
     9. In New York, it is enacted that whenever the term "month," or "months," is or shall be used in any statute, act, deed, verbal or written contract, or any public or private instrument whatever, it shall be construed to mean a calendar, and not a lunar month; unless otherwise expressed. Rev. Stat. part 1, c. 19, tit. 1, Sec. 4. Vide, generally, 2 Sim. & Stu. 476; 2 A. K. Marsh. Rep. 245; 3 John. Ch. Rep. 74; 2 Campb. 294; 1 Esp. R. 146; 6 T. R. 224; 1 M. & S. 111; 3 East, R. 407; 4 Moore, 465; 1 Bl. Rep. 150; 1 Bing. 307; S. C. 8 Eng. C. L. R. 328;. 1 M. & S. 111; 1 Str. 652; 6 M. & S. 227; 3 Brod. & B. 187; S. C. 7 Eng. C. L. R. 404.

References in periodicals archive ?
Benefit # 2 and 3 of the BPU (setting up and filling) the applicant proposes the contract performance period in calendar months within the time limit set by the community for 2 calendar months.
New AFDC cases will receive no additional benefits when the birth occurs more than 10 calendar months after both the implementation date of the demonstration and the application or reapplication for AFDC benefits.
Benefit # 2 and 3 of BPU (establishment and filling) the applicant proposes the performance of the contract time in calendar months within the time limit set by the community 2 calendar months.
2014; repayment of principal installments will start from the first working day of the calendar month or January 2015, in accordance with the principles applied by the bank;
The contract is for 6,690,000 metric tons of fuel oil to be delivered within a 37-month period and will begin with 30,000 metric tons for the first 3 months and 200,000 metric tons monthly for 33 consecutive calendar months thereafter.
Currently, the company's certificate of incorporation provides for time-phased voting, in which stockholders who beneficially own their shares for at least 48 consecutive calendar months are entitled to four votes per share and other stockholders are entitled to one vote per share, subject to certain exceptions and conditions.
The processing unit of these phases consists of four gas processing units each having a daily capacity of 14,000,000 cubic meters of sour gas, and the first gas processing unit is to be commissioned in the Iranian calendar month of Ordibehesht next year (April May 2013), and also in accordance with the set plans, the second to fourth units will start operation in the Iranian calendar months of Tir (June - July), Mordad (July - August) and Shahrivar (August - September) of the next year (2013).
Nevertheless, the ordinary swing investor is likely to own his or her stocks maybe a much smaller number of calendar months.
Nevertheless, the conventional, "more active" equity-investor will most likely own their investments only a small number of calendar months.