presence


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presence

(Attendance), noun being, nearness, proximity, sojournment, visitation

presence

(Poise), noun air, appearance, aspect, behavior, carriage, comportment, conduct, decorum, demeanor, deportment, gentility, guise, image, look, manner, mien, ostent, outward show, personality, posture, refinement, semblance, style, visage, way, ways
Associated concepts: demeanor of a witness
See also: attendance, behavior, complexion, conduct, demeanor, deportment, manifestation, manner, phenomenon, posture, specter, vision

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.

References in classic literature ?
Of late there had been no evidence of carnivora in the neighborhood of this drinking place; but Meriem was positive that the bleating of the kid was due to the presence of either lion or panther.
Meunier had now a European reputation; but his letter to me expressed that keen remembrance of an early regard, an early debt of sympathy, which is inseparable from nobility of character: and I too felt as if his presence would be to me like a transient resurrection into a happier pre-existence.
"Kulan Tith commands your presence before him," he said.
Ah this time at last they WERE, the two, the opposed projections of him, in presence; and this time, as much as one would, the question of danger loomed.
The first person the big black's eyes fell upon as he was hustled into the presence of the Abyssinian officer, was M.
Basnett felt that his presence was not desired, and thanking Ralph for his help, with a sense that he was very young and ignorant compared with him, he said good-bye.
Her present situation required all her presence of mind, and she summoned it up accordingly.
And now was acknowledged the presence of the Red Death.
'But I cannot trust your oaths and promises: I must have a written agreement, and you must sign it in presence of a witness: but not to-day - to-morrow.'
"But he'd be a lovely child's presence," faltered Pollyanna.
But, directly he would have made a step to come nearer to her, she was aware of his presence, pushed away the watering pot, and turned her flushed face towards him.
I had not known the deceased--I had never seen him--I was not aware of his presence at Old Welmingham--and I had not been in the vestry at the finding of the body.