presence


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presence

(Attendance), noun being, nearness, proximity, sojournment, visitation

presence

(Poise), noun air, appearance, aspect, behavior, carriage, comportment, conduct, decorum, demeanor, deportment, gentility, guise, image, look, manner, mien, ostent, outward show, personality, posture, refinement, semblance, style, visage, way, ways
Associated concepts: demeanor of a witness
See also: attendance, behavior, complexion, conduct, demeanor, deportment, manifestation, manner, phenomenon, posture, specter, vision

PRESENCE. The existence of a person in a particular place.
     2. In many contracts and judicial proceedings it is necessary that the parties should be present in order to reader them valid; for example, a party to a deed when it is executed by himself, must personally acknowledge it, when such acknowledgment is required by law, to give it its full force and effect, and his presence is indispensable, unless, indeed, another person represent him as his attorney, having authority from him for that purpose.
     3. In the criminal law, presence is actual or constructive. When a larceny is committed in a house by two men, united in the same design, and one of them goes into the house, arid commits the crime, while the other is on the outside watching to prevent a surprise, the former is actually, an the latter constructively, present.
     4. It is a rule in the civil law, that he who is incapable of giving his consent to an act, is not to be considered present, although he be actually in the place; a lunatic, or a man sleeping, would not therefore be considered present. Dig. 41, 2, 1, 3. And so, if insensible; 1 Dougl. 241; 4 Bro. P. R. 71; 3 Russ. 441; or if the act were done secretly so that he knew nothing of it. 1 P. Wms. 740.
     5. The English statute of fraud, Sec. 5, directs that all devises and bequests of any lands or tenements shall be attested or subscribed in the presence of said devisor. Under this statute it has been decided that an actual presence is not indispensable, but that where there was a constructive presence it was sufficient; as, where the testatrix executed the will in her carriage standing in the street before the office of her solicitor, the witness retired into the office to attest it, and it being proved that the carriage was accidentally put back, so that she was in a situation to see the witness sign the will through the window of the office. Bro. Ch. C. 98; see 2 Curt. R. 320; 2 Salk. 688; 3 Russ. R. 441; 1 Maule & Selw. 294; 2 Car.& P. 491 2 Curt. R. 331. Vide Constructive.

References in classic literature ?
Although he still hungered for the presence of the boy, who was the medium through which he expressed his love of man, the hunger became again a part of his loneli- ness and his waiting.
There was clearly another person above me--there was a person on the tower; but the presence on the lawn was not in the least what I had conceived and had confidently hurried to meet.
It was committed in the presence of slaves, and they of course could neither institute a suit, nor testify against him; and thus the guilty perpetrator of one of the bloodiest and most foul murders goes unwhipped of justice, and uncensured by the community in which he lives.
Our honored master is very hard to manage; and the doctor thinks, as we do, that your presence is wanted in the house.
Answer it to our lord, then, old housefiend,'' said the man, and retired; leaving Rebecca in company with the old woman, upon whose presence she had been thus unwillingly forced.
But the thing that baffled them all was her instant consciousness of the presence of carnivora that others, exerting their faculties to the utmost, could neither see nor hear.
During the daytime Valentine's perceptions remained tolerably clear, owing to the constant presence of M.
The girl whose light fingers grasped me, whose elfish charming face looked into mine--who, I thought, was betraying an interest in my feelings that she would not have directly avowed,--this warm breathing presence again possessed my senses and imagination like a returning siren melody which had been overpowered for an instant by the roar of threatening waves.
Of all who hail thy presence as the morning -- Of all to whom thine absence is the night -- The blotting utterly from out high heaven The sacred sun -- of all who, weeping, bless thee Hourly for hope- for life -- ah
What he did therefore by this appeal of his hushed presence was to wake them into such measure of ghostly life as they might still enjoy.
When his dominions were half depopulated, he summoned to his presence a thousand hale and light-hearted friends from among the knights and dames of his court, and with these retired to the deep seclusion of one of his castellated abbeys.
I had not been bidden to the presence of Kulan Tith after the battle, but he had sent an officer to find me and escort me to comfortable quarters in that part of the palace set aside for the officers of the royal guard.