Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/153

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Ch. 9.
of Things.
141

leap-years it conſiſts properly of 366, yet by the ſtatute 21 Hen. III. the increaſing day in the leap-year, together with the preceding day, ſhall be accounted for one day only. That of a month is more ambiguous: there being, in common uſe, two ways of calculating months; either as lunar, conſiſting of twenty eight days, the ſuppoſed revolution of the moon, thirteen of which make a year; or, as calendar months, of unequal lengths, according to the Julian diviſion in our common almanacs, commencing at the calends of each month, whereof in a year there are only twelve. A month in law is a lunar month, or twenty eight days, unleſs otherwiſe expreſſed; not only becauſe it is always one uniform period, but becauſe it falls naturally into a quarterly diviſion by weeks. Therefore a leaſe for "twelve months" is only for forty eight weeks; but if it be for "a twelvemonth" in the ſingular number, it is good for the whole year[1]. For herein the law recedes from it's uſual calculation, becauſe the ambiguity between the two methods of computation ceaſes; it being generally underſtood that by the ſpace of time called thus, in the ſingular number, a twelvemonth, is meant the whole year, conſiſting of one ſolar revolution. In the ſpace of a day all the twenty four hours are uſually reckoned; the law generally rejecting all fractions of a day, in order to avoid diſputes[2]. Therefore, if I am bound to pay money on any certain day, I diſcharge the obligation if I pay it before twelve o'clock at night; after which the following day commences. But to return to eſtates for years.

These eſtates were originally granted to mere farmers or huſbandmen, who every year rendered ſome equivalent in money, proviſions, or other rent, to the leſſors or landlords; but, in order to encourage them to manure and cultivate the ground, they had a permanent intereſt granted them, not determinable at the will of the lord. And yet their poſſeſſion was eſteemed of ſo little conſequence, that they were rather conſidered as the bailiffs or ſervants of the lord, who were to receive and account for the

  1. 6 Rep. 61.
  2. Co. Litt. 135.
profits