Barksdale against Morgan
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 338
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
[185] case 75. barksdale against morgan. In the Common Pleas. On a covenant to pay such a sum of money " within one month next following," the month shall be reckoned a lunar month of twenty-eight days, and not a calendar month.--Ante, 95. Covenant. A special verdict was found, in which the case was as follows : In consideration of twenty guineas paid by the plaintiff to the defendant on such a day, &c. he covenanted, &c. upon payment of five hundred pounds more within one month next following, upon notice, to transfer to him certain ahares in the East-India Company. The plaintiff averred, that he did tender the five hundred pounds within a month, fec. The defendant pleaded, that the plaintiff did not tender the five hundred pounds within a month, for that before such tender twenty-eight days were past from the day of the date of the agreement. The truth was, he did tender the five hundred pounds after the twenty-eight days, but within a calendar month, and it was so found by the jury. (a) 13 Edw. 1, c. 5. See 2 Inst. 357. (J) 15 Rich. 2, c. 6. 4 Hen. 4, c. 12. (c) 1 Roll. Abr. 643. (d) Cro. Car. 28. (a) By 11 & 12 Will. 3, c. 16, made perpetual by 1 Geo. 1, c. 26, s. 2, all persons who aball sow any hemp or flax in any parish or place in England, Wales, or Berwick, shall pay to the parson, vicar, or impropriator, of such parish or place, yearly, the sum of five shillings, and no more, for each acre of hemp and flax so sown before the same be carried off the ground, and so proportionably for more or less ground so sown. 4 MOD. 186. EASTER TERM, 5 WILLIAM AND MARY. IN B. R. 339 The question, therefore, was, what shall be intended a month within this agreement? Those who argued for a calendar month insisted, that the statute of 13 Hen. 4, c. 7, gives the justices power within one month next after a riot committed to enquire into the same, and that it had been held (a), they may make such enquiry after the twenty-eight days; which shews that the Parliament intended a calendar month. And as such a month was intended by them, so this Court may judicially take notice of such a month ; and therefore a judgment being obtained in an Inferior Court, the error assigned was, that it was given at a Court held on the sixteenth day of February, which was Sunday ; and the question being, whether this matter should be tried by a jury, or by...
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