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 ?
209 billion during last Iranian calendar month (March 21-April 20), while imports accounted for $1.
The site generated in any calendar month, or accumulated at any time, more than 100 kilograms of spill cleanup material contaminated with RCRA acute hazardous waste.
It also provides that a change to or from a 52-53-week tax year ending with reference to the same calendar month or a change to a required or ownership tax year will not be deemed a prior accounting-period change within the most recent 48-month period.
6071(a)-1 (a)(3)(ii), an employer who is required to file a final form 941 must file form W-2 and transmittal form W-3 with the SSA on or before the last day of the second calendar month after the period covered by the employer's final form 941.
With the calendar month version of MEDLINE Current, subscribers accure the present month's information on a weekly basis.
It can amortize loans, or compute depreciation, beginning with any calendar month, and it can quickly compute the weighted average of appraised properties.
8 million for the calendar month of October, 2010, an increase of 7.
The average price of residential units per square meter in the Iranian capital city of Tehran over the last Iranian calendar month ending Feb.
TAHRAN (CyHAN)- The Statistical Center of Iran put the inflation rate of the country's rural areas in the 12-month period to the third Iranian calendar month (ended on June 21) at 28.
655 billion in the (Iranian) calendar month of Azar (November 21aACAoDecember 21), the highest in the first nine months of the (Iranian) current calendar year (starting March 21, 2013), a recent report released by the Islamic Republic of Iran Customs Administration (IRICA) said.
When it comes to the rental market, a two-bedroom house in TS12 can let from anywhere between pounds 350 and pounds 500 per calendar month.
Free texts available dependent on top up and subject to a minimum top up of pounds 10 per calendar month.