silence


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silence

noun absolute quiet, hush, lack of sound, noiselessness, quiescence, quiescency, quiet, quietness, quietude, silentium, soundlessness, speechlessness, suppression of sound, taciturnitas, wordlessness
Associated concepts: estopped by silence, silence as an admission
Foreign phrases: Qui tacet, consentire videtur.He who is silent is deemed to consent. Qui tacet consentire videtur, ubi tractatur de ejus commodo. He who is silent is deemed to consent, when his interest is at stake.
See also: allay, concealment, lull, peace, placate, repress, stifle, stop, strangle, subdue, suppress

SILENCE. The state of a person who does not speak, or of one who refrains from speaking.
     2. Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent person is bound in good faith to explain himself, in which case, silence gives consent. 6 Toull. liv. 3, t. 3, n. 32, note; 14 Serg. & Rawle, 393; 2 Supp. to Ves. jr. 442; 1 Dane's Ab. c. 1, art. 4, Sec. 3; 8 T. R. 483; 6 Penn. St. R. 336; 1 Greenl. Ev. 201; 2 Bouv. Inst. n. 1313. But no assent will be inferred from a man's silence, unless, 1st. He knows his rights and knows what he is doing and, 2d. His silence is voluntary.
     3. When any person is accused of a crime, or charged with any fact, and he does not deny it, in general, the presumption is very strong that the charge is correct. 7 C. & P. 832 5 C. & P. 332; Joy on Conf. s. 10, p. 77.
     4. The rule does not extend to the silence of a prisoner, when on his examination before a magistrate he is charged by another prisoner with having joined him in the commission of an offence: 3 Stark. C. 33.
     5. When an oath is administered to a witness, instead of expressly promising to keep it, he gives his assent by his silence, and kissing the book.
     6. The person to be affected by the silence must be one not disqualified to act as non compos, an infant, or the like, for even the express promise of such a person would not bind him to the performance of any contract.
     7. The rule of the civil law is that silence is not an acknowledgment or denial in every case, qui tacet, non utique fatetur: sed tamen verum est, eum non negaro. Dig. 50, 17, 142.

References in classic literature ?
On they came in silence broken only by the patter of their feet and the dry rattling of their bony necklets, till they stood in long ranks before the Black One.
The maid you seek," said she, and again she broke the silence like the moon breaking through the clouds, "what manner of maid is she?
Here Don Quixote, too, broke silence, saying to Sancho, "Have patience, my son, and gratify these noble persons, and give all thanks to heaven that it has infused such virtue into thy person, that by its sufferings thou canst disenchant the enchanted and restore to life the dead.
He paused at that, for he saw his father wince at the picture like a man physically struck; and again there was silence.
It makes no difference," she said suddenly, after a brief silence.
As for Fernand himself, he seemed to be enduring the tortures of the damned; unable to rest, he was among the first to quit the table, and, as though seeking to avoid the hilarious mirth that rose in such deafening sounds, he continued, in utter silence, to pace the farther end of the salon.
I followed him to the window, and we stood together, looking out, in silence.
Feed them silence when they say: "Come with us an easy way.
There is a two-fold Silence -- sea and shore -- Body and soul.
A great silence fell on the group of patricians, and the commercial party, surprised, were equally silent, trying to discover the subject of this earnest conference.
These stories can now be told in some detail, not because they are the most marvelous of his many adventures, but because these alone were not covered with silence by the loyalty of the peasantry.
In her rambling and her idleness she might only be a caricature of herself; but in her silence and sadness she was the very reverse of all that she had been before.