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Time

Calculations



A year is the period during which the earth revolves around the sun. A calendar year is 365 days, except for every fourth year, which is 366 days. The year is divided into twelve months. A week ordinarily means seven consecutive days, either beginning with no particular day, or from a Sunday through the following Saturday. A day is twenty-four hours, extending from midnight to midnight. When distinguished from night, however, a day refers to the period from sunrise to sunset.



In calculating a specified number of days, it is customary to exclude the first and include the last. As a consequence, when a lease provides that it shall continue for a specified period from a particular day, that day is excluded in computing the term. This rule is applied in calculating the time for matters of practice and procedure. The rule governs, for example, the period in which a lawsuit may be commenced, so that the day the CAUSE OF ACTION accrues is excluded for STATUTE OF LIMITATIONS purposes.

The general rule is that when the last day of a period within which an act is to be performed falls on a Sunday or a holiday, that day is excluded from the computation. The act may rightfully be done on the following business day. This rule has been applied in figuring the deadline for conducting a meeting of corporate shareholders; for filing a claim against a dead person's estate; for filing a statement proposing a new ordinance for a MUNICIPAL CORPORATION; for recording a mortgage; and for redeeming property from a sale foreclosing a mortgage.

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