MONT H. A space of time variously computed, as it is applied to astronomical, civil or solar, or lunar months.
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.
The civi/ or solar month is that which agrees with the Gregorian calendar ; and these months are known by the names ofjanuary, February, March, etc. 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.
The luraar month consists of twenty-eight days.
2. 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 Blackstone, Comm. 141; 6 Coke, 62 ; 6 Term, 224 ; 1 Maule & S. III ; 1 Singh. 307. A dis tinction has been made between " twelve months" and " a twelve-months:" the latter has been held to mean a year. 6 Coke, 61.
But in mercantile contracts a month sim ply signifies a calendar month: a promissory note to pay money in twelve months would, therefore, mean a promise to pay in one rar, or twelve calendar months. Chitty, Bills, 406; 3 Brod. & B. 187 ; 1 Millie & S. 111 ; Story, Bills, 143 ; Story, Partn. 0 213 ; 2 Mass. 170 ; 4 id. 460 ; 6 Watts & S. Penn.
179; 1 Johns. Cas. N. Y. 99.
3. In general, when a statute speaks of a month, without adding "calendar," or other viords showing a clear intention, it shall be intended a lunar month. Comyns, Dig. Anna (B); 4 Wend. N. Y. 512; 15 Johns. N. Y. 358. See 2 Cow. N. Y. 518, 603. In all legal proceedings, as in commitments, plead ings, etc., a month means four weeks. 3 Burr. 1453 ; 1 W. Blackst. 450 ; Dougl. 446, 463.
In Pennsylvania and Massachusetts, and perhaps some other states, 1 Hill, Abr. 118, n., a month mentioned generally in a statute has been construed to mean a calendar month. 2 Dail. Penn. 302 ; 4 id. 143 ; 4 Mass. 461 ; 4 Bibb, Ky. 105. In England, in the ecclesi astical law, months are computed by the calendar. 3 Burr. 1455 ; 1 Maule & S. 111.
4. In New York, it is enacted that when ever 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. pt. I, c. 19, tit. 1, 0 4, See, generally, 2 Sim. & S. Ch. 476; 2 Canipb. 294 ; 1 Esp. 146 ; 6 Term, 224 ; 1 Maule & S. 111 • 6 id. 227; 3 East, 407; 3 Brod. & B. 187; '2 A. K. Marsh. Ky. 245 ; 3 Johns. Ch. N. Y. 74 ; 4 Dail. Penn. 143 ; 4 Mass. 461.