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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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
We briefly described an architecture that leverages the latent information available from people's own social networks in the form of their online buddy lists, particularly for very large groups that are automatically created, such as those of enterprise-wide messaging tools and our own BuddySpace, used on very large European projects.
Successful connection to the server lists the user as active (unless the user changes status), and he or she may select other users to list in the "buddy list." The status of buddy list users is then displayed.
Many instant-messaging fans around the world have been adding an especially peculiar new name to their buddy lists: GooglyMinotaur.
Alex Hewitt, 42, dreamt up the idea after noticing his daughter Kathryn had 150 people on her MSN buddy list - and could only identify 30.
The worm forwards itself as a file called latestpics.tgz to contacts on the user's buddy list. Apple users have generally enjoyed a virus-free life until now, as virus writers get the most 'return' from targeting the largest user base, Microsoft Windows.
According to the company, the virus, named Leap-A, also known as Oompa-A, spreads via the iChat instant messaging system, forwarding itself as a file called latestpics.tgz to contacts on the infected users' buddy list.
Upon entering the WebOffice, a user is presented with WebOffice Manager, which displays a buddy list (with presence detection of a participant's availability, supported devices and current conferencing status) and provides simple buttons for either secure instant messaging, or launching a voice, video or Web conference-or any combination of these elements.
IM software typically shows a "buddy list" of friends and colleagues who are online at any given moment.
The hole lay in a feature that allows people to invite other Instant Messenger users in their buddy list to play online games such as Quake.
Inventor Alex Hewitt, 40, hit on the idea a year ago when he discovered his then 13-year-old daughter didn't know many of the people on her computer buddy list.
FOLLOW THE FUN The first move in adding names to your buddy list? Meet-and-greet, of course.
When one of their "buddies" signs onto the network, presence is shown on the buddy list. SIP extends presence with additional information about the device being used and the willingness of participants to have their presence known.