Tempus

Tempus in United Kingdom

Meaning of Tempus (Latin Term)

The following is an old definition of Tempus (latin term) [1]: Time; limited time. Nullum tempus occurrit regi. No time runs against the king. Nullum tempus occurrit reipublicae. No time runs against the commonwealth. Lapse of time, at common law, will not prevent the sovereign from asserting a right; laches cannot be alleged against the state. The sovereign is not included in statutes of limitations unless expressly named. But possession for sixty years is a bar even against the prerogative. It is a settled principle that the king is not barred unless named in the statute. The ground upon which the maxim rests is the principle of public policy (which belongs alike to all governments) that the public interests should not be prejudiced by the negligence of pubUo officers to whose care they are confided. But statutes which regulate proceedings may include the government, without express reference to it. No presumption of payment against the government arises from mere lapse of time. The doctrine, as respects civil rights of action and prosecutions for offenses, has been generally qualified by legislation. Prior tempore, prior jure. Earlier in time, stronger in right. First in time, first in right. Priority gives precedence. The principle applies where the equities are equal; when unequal, the superior equity prevails. A patentee’s title rests entirely on priority of invention, see, in this resource, the term Priority in the drawing of a check gives the holder no preference of payment over checks subsequently drawn. The principle is afso illustrated in the prioiity al- lowed by attachment and lien laws. Tempore. In the time of.

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Notes and References

  1. Concept of Tempus (latin term) provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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