Page:Black's Law Dictionary (Second Edition).djvu/1164

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TIME

TIME. The measure of duration.

The word is expressive both of a precise paint or termi-nus .iud of an c'ntcr1:al between two points.

In pleading. A point in or space or duration at or during which some fact is alleged to have been committed.

——Cuuling time. See that title.—Rensonable time. §l.lCil length of time as may iiiiily, pioperly, and reasonably be allowed or required. having regard [0 the nature of the act or duty, or of Ike subject-ninller, nnd to the ntt\‘D(ii'l'lg circumstances. It is a maxim of English law that "how long is ‘reasonable time‘ ought to be is not define-ti in law but is left to the discretion of the Judg ." . Litt. .70. See iin -ins v. Bccraft. 1 [Lina (Ky.) 28; Ilili v. Hull a t, 16 Me. 1 ' l‘wiu I:i(-It Oil I"o. v. Marbury. 91 U. S. 59], L. Fd. (‘anipliell v. V\ horislzey, 170 M ‘s. I33, 48 1\. ]U7|).—Ti.me-bargain. In the iunguage of the stock exchnnge. a time-bargain is an agreement to buy ur sell stutk at a future time, or vxithin a bxed time, at a certain price. It is in reality nothing more than I]. bargain to piiy ilil'Iei'(-nrvvs.—Time cheek. A certihcate signed by s in —ter incchanic or other person in charge of i'ii- rers. reciting the amount due to the inhnrer fr-i' inlvor for a speciind time. Burlington \oluntnrv Relief Dept. v. Wliite, 41 Bob. 517, 59 N. \‘V. 74:. 43 Am. St. lie . T()i.—Tin1e im- memox-isl. Time vvbereo the memory of it mnn is not to the contrary.—'1‘ime of mem- ory. in English law. Titue eomiiienring from the beginning of the reign of R1Ci.iILl'd I. ‘.7. Bl. (‘oinm. 31. Lord Coke defines time of mr-ninry to be “when no man alive hath had any proof to the contiury nor hath imy noniisance to the contrary.” be Litt. S641, SGb.—'.l‘in1e out of memory. ’L‘in'ie beyond memory; time out of mind; time to which memo does not extend. —'.l‘ime-policy. A policy o ninrine insurance in which the risk is iimited, not to a given voyage, but to a certain fixed term or period of timc.—Tin.ie the essence of the eontx-act. A case in which “time is of the essence of the contract" is one where the ‘parties evidently contemplated a punctual performance, at the precise time named, as vital to the ngreement, and one of its essential elements. Time is not of the essence of the contract in any case where a mnderate delay in performance would not be regaided ss an absolute violation of the contract.

TIMOCRACY. An aristocracy of prop- erty; government by men of property who are possessed of B certain income.

Timores vani Innt instimnndl qul non uaxlunt in eonstnntem virum. 7 Coke, 17. Fears which do not assail a resolute man are to be accounted vain.

TINBOUNDING is a custom regulating the manner in which tin is obtained from uasie-iiiiid, or land which has formerly been Waste-land, within certain districts in Cornniiii and Devon. The custom is described in the lending case on the suhject as follows: “Any person may enter on the waste-lnnd of another, and may mark out by four corner boundaries a certain area. A written description of the plot of iaud so marked out with metes and bounds, and the name of the person, is recorded in the iocal stannuries court, and is prociaimed on three successive court-days. If no objection is sustained by

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any other person, the court awiirds s ivrlt to the hailitf to deliver possession of the said ‘bounds of tin-work’ to the ‘bounder: \\ thereupon has the exclusive right to Sm for. dig, and take for his own use all tin tin—ore silthin the inclused limits. puytq a royalty to the owner or the uiiste a I“: proportion of the produce under the sauna ‘toll-tin.’ " 10 Q. B. " ‘, cited in Elton Coul- mous, 113. The right of tlnhounding in not is right of common, but is an interest in imid, and, in Devonshire, a corporeal herIl!II- ment. In Cornwall tin bounds are personal estate. Sweet.

TIN]-1L. L. Fr. A pisce where justice was administered. Keliiani.

TIN]-JMAN. Sax. In old forest law. A petty DiilI.Bl' of the forest who hud the care of ieit and venison by night, and perfornieii other servile duties.

TIN]-2'1‘. In old records. Briish-wood imd thorns for fencing and hedging. (Jewell; Blount.

TINEWALD. The ancient pnrlirinient or annual convention in the isle of Man, held llpuu Midsunnuer-day, at St. John's chapel. Cowell.

TINKERMEN. Fishermen who destroy- ed the young fry on the river Thniues by nets and unlawful engines. Cowell.

TINNELLUS. In old Scotch law. The sea-nmrk; high-water mark. Tide-nmuth. Shene.

TINPENNY. A tribute paid for the liberty or digging in tin-mines. Cowell.

TINSEL OF THE FEU. In Scotch law. The loss of the fed. from allowing two ye.irs of feu duty to run into the third unpiiid. Bell.

TIPPLING HOUSE. A place where intoxicsting drinks are sold in drums or small quantities to be drunk on the premises, and where men resort for drinking purposes. See Leesburg v. Putnam, 103 Ga. 110, 2:) 8. E. 602; Morrison v. COIIL, 7 Dunn (Ky.) 219; Patten v. Centraiia, 47 IlL 370; Hussey v. State. 69 Ga. 58: Emporiu v. Volnier, 12 Kim. 629.

TIPSTAFF. In English law. An officer appointed by the marshal of the king's bench to attend upon the judges with a kind of rail or staff tipped with silver, who take into their custody all prisoners, either committed or turned over by the judges at their chumiiers, etc. Jacob.

In American law. All officer appointed by the court, whose duty is to wait upon the court when it is in session, preserve order,

serve process, guard juries, etc.