Presence

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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 ?
* Cloud Unified Communications System Market Revenue & Growth Rate by Each Region Specified (Historical & Forecast)
JGC's new communications environment is based on Cisco's unified communications, including Cisco Unified Communications Manager(2) and Cisco Unified IP Phone(3), and was built by Fujitsu using a migration solution based upon Fujitsu's IP-PBX system, IP Pathfinder.
Launched in July 2007, Unified Communications magazine is devoted to educating enterprise decision makers on why and how they need to deploy unified communications (UC) solutions.
Migration from legacy systems to more effective Unified Communications solutions.
The solution includes Cisco Unified Communications Manager Express and Cisco Unity Express for voice, Cisco IOS for data, firewall, VPN capabilities and wireless.
Mr Dewar that the Cisco Unified Communication solution can help SMEs in building deep relationships and be responsive to their customers by offering the same technology-driven conveniences that large enterprises offer, but on a more personal basis.
TMC said that each issue of the new title features industry news and developments, case studies of successful deployments and 'lessons learned,' interviews with executives at hardware and software companies, and an 'industry' section that carries analysis of relevant mergers and acquisitions, partnerships, and an overview of the unified communications market.
"We've rolled out Microsoft's Unified Communications for a number of reasons, primarily to better enable our mobile workforce," says Mark Swisher, director of IT for Rockford Fosgate, which manufactures products for mobile audio markets.
Swedish telecomms solutions provider Ericsson (NASDAQ: ERIC) said on Monday (5 November) that it will integrate its unified communications software with the HP BladeSystem platform to help enterprises integrate their voice and data systems and make business communications applications accessible anytime, anywhere and on any device.
But when Microsoft revealed its plans to incorporate speech technology into its unified communications platform last summer at SpeechTEK East in New York, industry pundits took notice.
The widespread adoption of voice and data networks has provided the platform for Microsoft, in partnership with Gold Partners such as Croft, to develop their vision of "unified communications": the coming together of disparate methods of individual, team, partner and customer communications into an integrated, easy-to-use, "people-centric" range of technologies.
Then, once we've got that basic level implemented, we can start bringing out the desktop productivity tools, showing them soft phones and things of that nature so that now they can really start taking advantage of unified communications via Voice-over IP.

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