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 ?
Then she began to prepare her palette in the deepest silence.
After many conjectures, Mademoiselle Roguin came to the conclusion that the Italian's silence showed a grandeur of soul beyond all praise; and the banking circle, inspired by her, formed a project to humiliate the aristocracy.
The vengeance Mademoiselle Roguin and her companions were inflicting on Mademoiselle Thirion and her group had, therefore, the fatal effect of driving the young ULTRAS to search for the cause of the silence so obstinately maintained by Ginevra di Piombo.
They stood hand in hand for a minute or two in silence.
When at last, as by the touching of a spring, he returned again to clearness of consciousness and even a measure of composure, the bells had but just done ringing, and the Sabbath silence was still marred by the patter of belated feet.
Suddenly, the silence in the next room was disturbed by the ringing of an electric bell.
I followed him to the window, and we stood together, looking out, in silence.
When I first spoke to you about--" Arthur began, after a long and embarrassing silence, "that is, when we first talked about her--for I think it was you that introduced the subject--my own position in life forbade me to do more than worship her from a distance: and I was turning over plans for leaving this place finally, and settling somewhere out of all chance of meeting her again.
After a short silence -- "I hope, my Catherine, you are not getting out of humour with home because it is not so grand as Northanger.
Returning in silence to his seat, therefore, he remained for some minutes most civilly answering all Mrs.
After a couple of minutes' unbroken silence, Henry, turning to Catherine for the first time since her mother's entrance, asked her, with sudden alacrity, if Mr.
The two men passed together side by side, in momentous silence, across the stone hall, out of the house, and round the back of the garden to a wooden shed, before which was posted a sentry.