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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 ?
Saint-Andre, XMPP The Definite Guide, Safari Book, O'Reilly, 2009.
Extensible messaging and presence protocol (XMPP): Instant messaging and presence.
In addition, the openfire using open-source XMPP security service agreement, to achieve the technical visits the server software system.
In order to support the remote network configuration it was taken into consideration the synergy of XMPP with SNMP (Simple Network Management Protocol) via a trapping mechanism.
Sensor device or sensing smartphones can be connected to the web via XMPP for delivering the required data stream (e.g., sensed or audio-visual) to the cloud service.
Either MP-BGP is used directly, or some other protocol such as XMPP or OVS -DB is used to perform functions similar to BGP (such as exchanging routes and exchanging VPN membership information), but also more (such as creating routing instances, collecting analytics, etc.) These control plane protocols deal with objects at a much higher level of abstraction such as routing instances and routes (as opposed to OpenFlow, which deals with very low levels of abstraction, namely flows).
successful being Jabber, which produced the XMPP protocol.
Bantu is the same XMPP technology utilized by both AKO and AKO-S that allows web IM without the need of client-side software.
Writing in the International Journal of Intelligent Information and Database Systems, Fumio Hattori and colleagues at Ritsumeikan University explain how they have extended the Extensible Messaging and Presence Protocol (XMPP) so that it not only carries the data for instant messaging (IM) to allow users to communicate, but can carry additional information at the same time.
Other enhancements include additional support for more file types and formats, support for multiple browsers and clients using MIME file formats, file attachment and secure TLS support for instant messaging, as well as enhancements to the solution's security features (including NTLM and TSL enhancements for SMTP and SSL enhancements for XMPP).
Bria 3.0 is based on open industry standards such as Session Initiation Protocol (SIP) and Extensible Messaging and Presence Protocol (XMPP), a foundation that simplifies integration with Internet telephony service provider solutions and PBXs, both SIP-enabled and legacy platforms.
* New Cisco enterprise instant messaging (IM) and presence solutions powered by Jabber XMPP help people quickly find, connect and collaborate with colleagues inside and outside their organization.* A Cisco-hosted directory of organizations and locations with Cisco TelePresence simplifies the scheduling of intercompany TelePresence meetings.* Cisco's new enterprise social software solutions include a new social video system which helps enable companies to form secure video communities around user-generated content under enterprise control.