Sec 894

The date at which a lease begins is determinable by the context.4 When the term is declared to begin "with the making hereof," or "from henceforth," without reference to any date given in the body of the document, the term begins on the day of execution and delivery, including that day; if the term begins "from the making hereof," or "from the day of delivery," then the day of making or of delivery is excluded.5

Sec 895

When a liability is to begin at a specific day (e. g., rent from Jan. 1st), and to end after the lapse of a designated time from that date (e. g., one year from Jan. 1st), then the first day is excluded and the last day included in the period of liability.6 "The general understanding is, that terms of years last during the whole anniversary of the day from which they are granted. If this were otherwise, the last day, on which the rent is almost uniformly made payable, would be posterior to the lease."7 A term of service, however, will be construed to begin on a designated day, so as to include that day, if such appears to have been intended by the parties;1 though ordinarily when service is to begin from the first of the month, it excludes that day.2 Notice to be given at a specific time after an event does not begin to run until the day after the event;3 notice of action, or notice to quit, or, in general, any notice on which a claim is conditioned, dates, when a specific lapse of time is required, from the day after the date.4 "When goods are to be paid for in a month, the day of the bargain is not to be counted in.5 A policy of insurance, also, "from 14th February to 14th August," includes the fourteenth of August, on which day a fire takes place.6 But where a policy of insurance covered goods to be shipped between "February 1st and July 15th," it was held not to include goods shipped on July 15th.7 - It has been held in Pennsylvania, that a contract to complete a work "by the month of November," requires the work to be done before November sets in.8

Date of beginning of lease determined by context.

When liability continues from one specified day to another, the first is excluded, and the last is included.

1 Larns V. Rand, 3 C. B. N. S. 442.

2 Leake, 2d ed. 844; Hague V. French, 3 B. & P. 173; Giles V. Browne, 6 M. & S. 73.

3 Styles V. Wardle, 4 B. & C. 908.

4 Steele V. Mart, 4 B. & C. 272; Sandill V. Franklin, L. R. 10 C. P. 377.

5 Leake, 2d ed. 843; citing Co. Lit. 46 6; Clayton's case, 5 Co. 1; Jaques V. Millar, L. R. 6 C. D. 153.

6 Leake, 2d ed. 841; Benj. on Sales, 3d Am. ed. sec 684; Lester V. Garland, 15 Ves. 257; Gorst V. Lowndes, 11 Sim. 434; Robinson V. Waddington,.

13 Q. B. 753; Webb V. Fairmaner, 3 M. & W. 473; Young V. Higgins, 6 M. & W. 49; Isaacs V. Ins. Co., L. R. 5 Ex. 296; Oatman V. Walker, 33 Me. 71; Blake V. Crowninshield, 9 N. H. 304; Bigelow V. Wilson, 1 Pick. 485; Farwell V. Rogers, 4 Cush. 460; Sands V. Lyon, 18 Conn. 28; Weeks V. Hull, 19 Conn. 376; Cornell V. Moulton, 3 Denio, 12; Thomas V. Afflick, 16 Penn. St. 14; Cleveland V. Sterritt, 70 Penn. St. 204; and see Buttrick V. Holden, 8 Cush. 233; supra, sec 884.

7 Per cur. Ackland V. Lutley, 9 A. & E. 879; cited Leake, 2d ed. 841.