MONTH, A space of time variously com puted, as the term 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 civil or solar month is that which agrees with the Gregorian calendar; and these months are known by the names of January, 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 com posed of twenty-eight days, and in leap years, of twenty-nine.
The Punar month consists of twenty-eight days.
The Roman names of the months, as set tled by Augustus, have been used in all Christian countries except Holland, where a set of characteristic names prevail, the remains of the ancient Gaulish title, which were also used by our Anglo-Saxon ances tors. The French convention, in October,, 1793, adopted a set of names similar to that of Holland.
By the law of England, a month means ordinarily, in common contracts, as in leases, a lunar month ; [1904] 1 Ch. 305. A contract, therefore, made for a lease of land for twelve months would mean a lease for forty-eight weeks only; 2 Bla. Com. 141; 6 Co. 62 ; 1 Maule & S. 111. A distinction has been made between "twelve months" and a "twelve-month ;" the latter has been held to mean a year; 6 Co. 61. In a contract for the hire of furniture at a weekly rental for so many months, "mouths" was held to mean lunar month ; 45 L. T. Rep. N. S. 843.
But in mercantile contracts a month sim ply signifies a calendar month ; Sheets v. Selden, 2 Wall. (U. S.) 190, 17 L. Ed. 822; Union Bank of Georgetown v. Forrest, 3 Cra.
C. C. 218, Fed. Cas. No. 14,356 ; Churchill v. Bank, 19 Pick. (Mass.) 532; Hosley v. Black, 28 N. Y. 444; a promissory note to pay money in twelve months would, therefore, mean a promise to pay in one year, or twelve calen dar months ; 1 M. & S. 111; Story, Bills, §§ 143, 330 ; Thomas v. Shoemaker,. 6 W. & S.
(Pa.) 179 ; Leffingwell v. White, 1 Johns. Cas. (N. Y.) 99, 1 Am. Dec. 97; 1 Q. B. 250; Benj. Sales § 684.
In general, when a statute speaks of a mouth, without adding "calendar," or other words showing a clear intention, it shall be intended a lunar month ; Cora. Dig. Anno (B); in England by statute (1850) it means a calendar month, as also in orders of court, sales and negotiable instruments. In all le gal proceedings, as in commitments, plead ings, etc., a month means four weeks; 3 Burr. 1455 ; 1 W. Bla. 540; Dougl. 446, 463; Com. v. Stanley, 12 Pa. Co. Ct. R. 543; Stack house v. Halsey, 3 Johns. Ch. (N. Y.) 74.
That a month. mentioned generally in a statute has been construed to mean a cal endar month ; see Brudenell v. Vaux, 2 Dail. (U. S.) 302, 1 L. Ed. 390; Avery v. Pixley, 4 Mass. 461; Hardin v. Major, 4 Bibb (Ky.) 105; Brown v. Williams, 34 Neb. 376, 51 N. W. 851; Guaranty Trust & Safe Deposit Co. v. Buddington, 27 Fla. 215, 9 South. 246, 12 L. R. A. 770; Baltimore & D. P. R. Co. v. Pumphrey, 74 Md. 86, 21 Atl. 559 ; Guaranty Trust & Safe' Deposit Co. v. R. Co., 139 U. S. 137, 11 Sup. Ct. 512, 35 L. Ed. 116. In Eng land in the ecclesiastical law, months are computed by the calendar ; 3 Burr. 1455; 1 M. & S. 111; thirty days is not a month; State v. Upchurch, 72 N. C. 146.
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. pt. 2, c. 19, tit. 1, § 4 ; Hosley v. Black, 28 N. Y. 444. But this has been modified as to com putation of interest, so that a month shall be considered the twelfth part of a year, and as consisting of thirty days, and interest for any number of days less than a month shall be estimated by the proportion which such num ber of days bears to thirty ; R. S. pt. 3, p. 2254, § 9.