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 periodicals archive ?
The purpose of SilencerCo's Fight the Noise series is to not only spread awareness of the benefits of silencers and support grassroots advocacy, but also to show that gun owners come from all walks of life.
The fast-pitch threads on the mount make it a quick turn-and-a-half to get the silencer mounted, but by then it was plenty hot, so we didn't remove it entirely.
Police recovered the items, including two submachine guns, a pump action shotgun, two silencers and bullets at the home of Anthony Murphy, in Whitehall Close, Kirkdale, last year.
KAMC improved to 3-2 while Silencer dropped to 1-4 in the team standings.
But lawyers will argue burn marks on the back of Nevill Bamber's neck prove the silencer was NOT on the gun.
The 9mm silencer is also an aluminum tube, with high-nickel-alloy stainless baffles and hardened stainless end caps, but it is not meant to be disassembled.
Possession of a firearm is a very serious offence but to find it with a silencer is even more sinister.
The ATF confirmed that the scrub pads did constitute part of a silencer and that replacement "of any component part or parts of a registered silencer, other than a silencer wipe, would be a violation of the National Firearms Act if performed by a non-licensed manufacturer.
As with reciprocating compressors, the acoustic analysis and design of the associated silencer (filter bottle) can help or hurt the overall reliability and efficiency of the compression system.
Kennett faces a two year ban after the silencer he used to score a maximum at Lakeside last weekend was found to be illegal.
But Kennett claimed in a statement last night that a member of his pit crew had tampered with the silencer in an attempt to give him an advantage.
That said, they are two riders, as well as Gollob, who may be affected by the silencer situation.