(A) contracts, evidence, practice. The measure of duration. It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2. Time is frequently of the essence of contracts and crimes, and sometimes it is altogether immaterial. 3. Lapse of time alone is often presumptive evidence of facts which are otherwise unknown; an uninterrupted enjoyment of certain rights for twenty or twenty-one years, is evidence that the party enjoying them is legally entitled to them; after such a length of time, the law presumes payment of a bond or other specialty. 4. In the computation of time, it is laid down generally, that where the computation is to be made from an act done, the day when such act was done is included. Dougl. 463. But it will be excluded whenever such exclusion, will prevent a forfeiture. In general, one day is taken inclusively and the other exclusively. (B) pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions. 2. 1. Impersonal actions, the pleadings must allege the time; that is, the day, month and year when each traversable fact occurred; and when there is occasion to mention a continuous act, the period of its duration ought to be shown. The necessity of laying a time extends to traversable facts only; time is generally considered immaterial, ana any time may be assigned to a given fact. 3. 2. In real or mixed actions, there is no necessity for alleging any particular day in the declaration. 4. 3. In criminal pleadings, it is requisite, generally, to show both the day and the year on which the offence was committed; but the indictment will be good, if the day and year can be collected from the whole statement, though they be not expressly averred. Although it be necessary that a day certain should be laid in the indictment, the prosecutor may give evidence, of an offence committed, on any other day, previous to the finding of the indictment.
Law Dictionary – Alternative Legal Definition
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 duration 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 required, having regard to the nature of the act or duty, or of the subject matter, and to the attending circumstances. It is a maxim of English law that “bow long a ‘reasonable time’ ought to be is not defined in law, but is left tp the discretion of the judges.” Time-bargain. In the language of the stock exchange, a time-bargain is an agreement 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 signed bv a master mechanic or other person in charge Of laborers, reciting the amount due to the laborer 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 immemorial. Time Whereof the memory of a man is not to the contrary. Time of memory. 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 of 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 performancewould not be regarded as an absolute violation of the contract.