Blacks Law Dict. 1st ed

1173

TIME-POLICY

TITHE-FREE

TIME-POLICY. A policy of marine in surance in which the risk is limited, not to a given voyage, but to a certain fixed term or period of time. TIME, REASONABLE. "Reasonable time" has never been held to be any deter mined number of days or years as applied to every case, like the statute of limitations, but must be decided in each case upon all the ele ments of it which affect that question. 91 U. S. 591. TIME THE ESSENCE OF THE CON TRACT. A case in which "time is of the essence of the contract" is one where the par ties evidently contemplated a punctual per formance, at the precise time named, as vital to the agreement, and one of its essential ele ments. Time is not of the essence of the contract in any case where a moderate delay in performance would not be regarded as an absolute violation of the contract. TIMOCRACY. An aristocracy of prop erty; government by men of property who are possessed of a certain income. Timores vani sunt eestimandi qui non cadunt in constantem 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 waste-land, or land which has formerly been waste-land, within certain districts in Corn wall and Devon. The custom is described in the leading case on the subject as lolluws: "Any person may enter on the waste-land of another, and may mark out by four corner boundaries a certain area. A written de scription of the plot of land so marked out with metes and bounds, and the name of the person, is recorded in the local stannaries court, and is proclaimed on three successive court-days. If no objection is sustained by any other person, the court awards a writ to the bailiff to deliver possession of the said 4 bounds of tin-work' to the • bounder,' who thereupon has the exclusive right to search for, dig, and take for his own use all tin and tin-ore within the inclosed limits, paying as a royalty to the owner of the waste a certain proportion of the produce under the name of •toll-tin.' " 10 Q. B. 26, cited in Elton Com mons, 113. The right of tinboundmg is not a right of common, but is an interest in land, and, in Devonshire, a corporeal heredita ment. In Cornwall tin bounds are personal estate. Sweet.

TINEL. L. Fr. A place where justice was administered. Kelham. TINEMAN. Sax. In old forest law. A petty officer of the forest who had the care of vert and venison by night, and performed other servile duties. TINET. In old records. Brush-wood and thorns for fencing and hedging. Cowell; Blount. TINEWALD. The ancient parliament or annual convention in the Isle of Man, held upon Midsummer-day, at St. John's chapel. Cowell. TINKERMEN. Fishermen who de stroyed the young fry on the river Thames by nets and unlawful engines. Cowell. TINNELLUS. In old Scotch law. The sea-mark; high-water mark. Tide-mouth. Skene. TINPENNY. A tribute paid for the liberty of digging in tin-mmes. Cowell. TINSEL OF THE FEU. In Scotch law. The loss of the feu, from allowing two years of feu duty to run into the third unpaid. Bell. TIPPLING HOUSE. A place where in toxicating drinks are sold in drams or small quantities to be drunk on the premises, and where men resort for diinking purposes. See 47 111. 370. TIPSTAFF. In English law. An officer appointed by the marshal of the king's bench to attend upon the judges with a kind of rod or staff tipped with silver, who take into their custody all prisoners, either committed or turned over by the judges at their chambers, etc. Jacob. In American law. An officer appointed by the court, whose dutj is to wait upon the court when it is in session, preserve order, serve process, guard juries, etc. TITHE RENT-CHARGE. A rent charge established in lieu of tithes, under the tithes commutation act, 1836, (St. 6 & 7 Win. IV. c. 71.) As between landlord and tenant, the tenant paying the tithe rent-charge is enti tled, in the absence of express agreement, to deduct it from his rent, under section 70 of the above act. And a tithe rent-charge unpaid is recoverable by distress as rent in arrear. Mozley & Whitley. TITHE-FREE. Exempted from the pay ment of tithes.

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