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.

References in periodicals archive ?
They said the driver, Amjad Ali, showed presence of mind and applied emergency brakes to stop the train.
There many examples of presence of mind used by Dhoni.
The game triggers presence of mind, team management, SWOT analysis, physical strength and understanding of opponent's strategy.
How fortunate that someone thought to hit record on both occasions, and that the film's director, Amir Bar-Lev, had the presence of mind to include both of them, perhaps realizing how the two scenes capture the easy coexistence of eschatological gravity and drug-fueled looseness that explains the Dead's special place in American culture.
Despite the hue and cry triggered by the clipping on social media, the officer, Nitin Gogoi was appreciated over the presence of mind to avoid casualties or injuries.
Reece had the good sense and presence of mind to call an ambulance.
Thankfully, one cabbie had the presence of mind to capture on his mobile phone the torrent of vile comments he endured from a passenger.
Karachi -- Two planes came head to head earlier on Thursday near Gwadar and barely avoided the collision as the national airline's pilot showed great presence of mind, saving the day for both the planes as well as the passengers.
HE (Mitrovic) still had the presence of mind to be in the right place for a striker to get on the end of any bobbles or ricochets.
However, the techie's presence of mind helped her trick the pervert who is now cooling his heels behind the bars.
These and similar habits can give each of us the presence of mind to influence the outcome of each moment of the day, whatever crosses our paths.
Thankfully neither of them were harmed and the lady had the presence of mind to act bravely to protect both herself and her husband, causing the intruders to run off."

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