KFLCC Kingdom Law 2nd Ed.

1156

TIME

TIPSTAFF

TIME. The measure of duration. The word is expressive both of a precise point or terminus and of an interval between two points. In pleading. A point in or space of du ration at or during which some fact is alleged to have been committed. —Cooling time. See that title.—Reasonable time. Such length of time as may fairly, properly, and reasonably be allowed or requir ed, having regard to the nature of the act or duty, or of the subject-matter, and to the at tending circumstances. It is a maxim of Eng lish law that "how long a 'reasonable time' ought to be is not defined in law, but is left to the discretion of the judges." Go. Litt. 50. See Hoggins v. Becraft, 1 Dana (Ky.) 28; Hill v. Hobart, 16 Me. 168; Twin Lick Oil Co. v. Marbury, 91 U. S. 591, 23 L. Ed. 328; Campbell v. Whoriskey, 170 Mass. 63, 48 N. EL 1070.—Time-bargain. In the language of the stock exchange, a time-bargain is an agree ment to buy or sell stock at a future time, or within a fixed time, at a certain price. It is in reality nothing more than a bargain to pay differences.—Time check. A certificate Bignea by a master mechanic or other person in charge of laborers, reciting the amount due to the la borer for labor for a specified time. Burlington Voluntary Relief Dept. v. White, 41 Neb. 547, 59 N. W. 747, 43 Am. St. Rep. 701.—Time im memorial. Time whereof the memory of a man is not to the contrary.—Time of mem ory. In English law. Time commencing from the beginning of the reign of Richard I. 2 Bl. Comm. 31. Lord Coke defines time of memory to be "when no man alive hath had any proof to the contrary, nor hath any conusance to the contrary." Co. Litt 86a, 866—Time out of memory. Time beyond memory; time out of mind; time to which memory does not extend. —Time-policy. A policy or marine insurance in which the risk is limited, not to a given voyage, but to a certain fixed term or period of time.—Time the essence of the contract. 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 agreement, and one of its essential elements. 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 con tract. TIMOCRACY. An aristocracy of prop erty; government by men of property who are possessed of a certain income. Timores vani sunt sestimandi qui non oadunt 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. x The custom is described in the leading case on the subject as follows: "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 '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 tinbounding 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 othcer 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 destroy ed 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 lib erty of digging in tin-mines. 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 drinking purposes. See Leesburg v. Putnam, 103 Ga. 110, 29 S. E. 602; Morrison v. Com., 7 Dana (Ky.) 219; Patten v. Centralia, 47 111. 370; Hussey Y. State, 69 Ga. 58; Emporia v. Volmer, 12 Kan. 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 rod or staff tipped with silver, who take into their custody all prisoners, either committed or turned over by the judges at their cham bers, etc. Jacob. In American law. An 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.