Case No. 2,049.

BRUDENELL et al. v. VAUX et al.

[2 Dall. 302.]¹

Circuit Court, D. Pennsylvania.

April Term, 1794.

DEFINITION—” MONTHS. “

[“Months,” as used in the Pennsylvania act (Dall. Laws, 112) requiring mortgages to be recorded within sis months from their date, means calendar months.]

[Cited in Guaranty Trust & Safe-Deposit Co. v. Green Cove Springs & M. R. Co., 139 U. S. 145, 11 Sup. Ct. 515.

[See note at end of case.]

The question in this cause arose upon the act of assembly for recording mortgages (1

Dall. Laws, 112), the mortgage of the defendants having been recorded after the expiration of six lunar, but within six calendar, months from the date; and THE COURT, having compared this with other acts of the legislature, were of opinion, that by the word “months” calendar months were intended.

Lewis & Tilghman, for plaintiff.

Ingersoll, Rawle & Thomas, for defendant.

[NOTE. The word “month,” when used in statutes, means calendar month. Union Bank of Georgetown v. Forrest, Case No. 14,356; Com. v. Chambre, 4 Dall. (4 U. S.) 143; Hunt v. Wickliffe, 2 Pet. (27 U. S.) 201; Guaranty Trust & Safe-Deposit Co. v. Buddington, 27 Fla. 215, 9 South. 246; Baltimore & D. P. R. Co. v. Pumphrey, 74 Md. 86, 21 Atl. 559; Sandval v. Ford, 55 Iowa, 461, 8 N. W. 324. Likewise when used in contracts, unless some other intention is apparent. Sheets v. Selden's Lessee, 2 Wall. (69 U. S.) 177. As used in equity rule 83, giving one month's time from filing a masters report to file exception thereto, means calendar month. Gasquet v. Crescent City Brewing Co., 49 Fed. 493. Used without explanation in a sentence of imprisonment means lunar month of 28 days. Com. v. Stanley, 12 Pa. Co. Ct. R. 543; Com. v. Martin, 2 Pa. Dist. R. 334, 23 Pittsb. Leg. J. (N. S.) 256.]

¹ [Reported by A. J. Dallas, Esq.]

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