presence

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Related to presences: presents

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 ?
With the actual presence and companionship of the young Englishman the image of Korak became less real.
The more I lived apart from society, and in proportion as my wretchedness subsided from the violent throb of agonized passion into the dulness of habitual pain, the more frequent and vivid became such visions as that I had had of Prague--of strange cities, of sandy plains, of gigantic ruins, of midnight skies with strange bright constellations, of mountain-passes, of grassy nooks flecked with the afternoon sunshine through the boughs: I was in the midst of such scenes, and in all of them one presence seemed to weigh on me in all these mighty shapes--the presence of something unknown and pitiless.
Instantly I sprang to my feet, clutching in the direction I thought the presence lay.
The house, as the case stood, admirably lent itself; he might wonder at the taste, the native architecture of the particular time, which could rejoice so in the multiplication of doors - the opposite extreme to the modern, the actual almost complete proscription of them; but it had fairly contributed to provoke this obsession of the presence encountered telescopically, as he might say, focused and studied in diminishing perspective and as by a rest for the elbow.
Now that he had come out of town where the presence of the people stirring about, busy with a multitude of affairs, had been so irritating, the irritation was all gone.
Instantly he was surrounded, and a volley of questions hurled at him, as he was pulled from his horse and led toward the presence of the commander.
Basnett felt that his presence was not desired, and thanking Ralph for his help, with a sense that he was very young and ignorant compared with him, he said good-bye.
The presence of the mother of God were no protection,'' answered the old woman.
The blood mounted rapidly to the cheeks of Valentine, for the name just announced by the count dispelled all the fear with which his presence had inspired her.
And now was acknowledged the presence of the Red Death.
But I cannot trust your oaths and promises: I must have a written agreement, and you must sign it in presence of a witness: but not to-day - to-morrow.
But he'd be a lovely child's presence," faltered Pollyanna.