Time - Definition - Law Dictionary Home Dictionary Definition time

Definition :

Time. before 1751 the legal year in England began on the 25th March, therein differing from the common usage in the whole kingdom, and the legal method in Scotland. In 1751 the Gregorian, or present, calendar was substituted for the Julian Calendar by 24 Geo. 2, c. 23.

1. A measure of duration 2. A point in or period of duration at or during which something is alleged to have occurred 3. Slang. A convicted criminal's period of incarceration, Black's Law Dictionary, 7th Edn.

Time in Acts of Parliament (see, e.g., the definition of night in the Larceny Act) and legal instruments means, in Great Britain, Greenwich mean time, and in Ireland, Dublin mean time, by virtue of the Statute (Definition of Times) Act, 1880 (43 & 44 Vict. c. 9). See, however, Gordon v. Cann, (1899) 68 LJQB 434. The effect of the Summer Time Act, 1922, continued annually, should be noted. The time for Great Britain, Northern Ireland, the Channel Islands, and the Isle of Man is one hour in advance of Greenwich time during the 'period of summer time' practically for all purposes.

The computation, etc., of time for purposes of procedure in the Supreme Court is regulated by Ord. LXIV., r. 7 of which provides that 'a Court or a Judge may enlarge or abridge the time appointed by the Rules of Court, or fixed by any order enlarging time, for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case may require, and any such enlargement may be ordered although the application for the same is not made until after the expiration of the time appointed or allowed.'

As to time in County Courts, see County Court Rules, 1936, Ord. XIII., r. 5; Ord. XLVIII., r. 10.

As to computation of time under the Municipal Corporations Act, 1882, see s. 230 of that Act. And see FRACTION OF A DAY; LIMITATION OF ACTION OR PROSECUTION; MONTH; PRESCRIPTION; REASONABLE TIME.

Time Bargains.--Contracts for the sale of a certain amount of stock at a certain price at a future day, sometimes called putts and calls or refusals, which see.

Times for Consideration of Offer.--An offer with a limited time for acceptance may be revoked at any moment before the limited time has been reached, on the ground that the stipulation for time to consider is void for want of consideration: see Cooke v. Oxley, (1790) 3 TR 653; 1 RR 783, and the many cases iin which it has been followed, especially Bristol Bread Co. v. Maggs, (1890) 44 Ch D 616, and Dickinson v. Dodds, (1876) 2 Ch D 463, C.A. In the latter case the defendant on a Wednesday by signed writing offered his house to the plaintiff for 800l., adding in a P.S., 'This offer to be left over until Friday, 9 o'clock A.M., 12th June,' and a sale on Thursday to another person was held good, although on Friday about 7 A.M. the plaintiff gave notice of acceptance to the defendant.

Time Immemorial, from time whereof the memory of man is not to the contrary. See MEMORY, TIME OF LEGAL; PRESCRIPTION.

Time, when of the Essence of the Contact.--At Common Law, time was always of the essence of the contract, but the equitable doctrine now recognized in all courts since the Judicature Act, 1873, s. 25 (7) (now replaced by Law of Property Act, 1925, s. 41), was that time was not of the essence of the contract unless made so either expressly or by implication; see per Chitty, J., in Dibbins v. Dibbins, (1896) 2 Ch 350. As to making time of the essence of the contract by notice, see Stickney v. Keeble, 1915 AC 386. (Sale of Goods Act, 1893, s. 10)