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.