Lacon and Others against Hooper and Others [in the COURT of KING'S BENCH.]
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1795 |
| Date | 27 April 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 522
IN THE COURT OF KING'S BENCH.
1224] laoon and others against hooper and others. Monday, April 27th, 1795. When the word "month" is used in a statute without the addition of " calendar " or any other words to shew that the Legislature intended calendar, it is understood to mean a " lunar month." It is so understood in stat. 28 Geo. 3, c. 20. The time for ships engaged in the southern whale fishery to be out on their voyage, in order to gain the premiums under stat. 28 Geo. 3, e. 20, is 14 (a) 1 Leon. 240. 6 T. R. 225. LACON V, HOOPER 5g3. lunar months from the time of their " clearing out," without regard to the time of their actual sailing. [See Interpretation Act, 1889, 52 & 53 Viet. c. 63, s. 3; Sale of Goods Act, 1893, 56 & 57 Viet. c. 71, s. 10 (2).] This was an action on the ease against the defendants, Commissioners of the Customs, for not making an order on the Receiver General of the Customs to pay the plaintiffs a premium of 7001. to which the plaintiffs claimed to be entitled under the stat. 28 Geo. 3, c. 20 (a). At the trial at Guildhall be-[225]-fore Lord Kenyon at the sittings after last Michaelmas term a verdict was given for the plaintiffs with nominal damages, subject to the opinion of this Court on an objection then taken, that the plaintiffs were not entitled to the premium, because their ship had not been at sea during the full time of 14 calendar months, as required by the Stat. 28 Geo. 3. A rule having been accordingly obtained in the last term, calling on the plaintiffs to (a) By 26 Geo. 3, c. 50, for the encouragement of the southern whale fishery, certain premiums were granted ior ten years to twenty ships employed in that fishery under certain limitations; by sect. 3 it is enacted, " That for 15 of such ships which shall be so fitted and cleared out after the 1st day of May, and before the 1st of September, 1786, and between the 1st of May, and the 1st of September, in each succeeding year, and shall have sailed to the seventh degree of north latitude, and shall there have bona fide carried on the said fishery, and shall return before the 1st day of July, in the year subsequent to that in which they cleared out to some port of Great Britain, there shall be paid and allowed, &c. &c." By sect. 4 it is enacted, that "For five other of such ships, which shall be fitted and cleared out and shall sail within the times before mentioned, and proceed to the southward of the 36th degree of south latitude, and shall there bona fide carry on the said fishery, and shall return in not less than 18 months, and not more than 28 months from the 1st of May, in which they clear out to some port in Great Britain, there shall be paid and; allowed 7001...
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