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 ?
Opponents of the Hearing Prevention Act argue that silencers could make it more difficult to locate the source of shooting during a mass shooting event.
The most important characteristics of the absorptive silencer is that the pressure should be as low as possible.
The process creates a silencer with greater interior volume, and thus makes it quieter.
The re-design had been prompted by field test data showing that the silencer volume itself had relatively high pulsations at amplitudes of 15-20 psi peak-to-peak in the fundamental excitation range of interest.
Kasprzak, whose machinery was found with illegal silencers at a Swedish League meeting last week, suffered a rib injury in Thursday's win over Peterborough.
He said: "I was unaware that I was using an illegal silencer.
In the circumstances, it makes sense to add two riders to the portfolio who have had plenty of experience with the new silencers.
Once you have it installed, System Silencer gives you several options you can toggle on or off when your system is idle, and you can even set individual idle times for each action.
The broad product line includes California Air Resources Board (CARB) verified particulate filters, oxidation catalysts and silencers as well as an innovative hybrid selective-catalytic-reduction/particulate-filter/silencer system.
Havelock also confirmed that both sides are intending to use the new, quieter, Prodrive silencer for this evening's match.
English, now a full member of the BSPA management committee which made the decision, added: "For the next two months at least, riders will have the choice of whether to use the old version of the silencer or persevere with the new one.