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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 ?
With rich presence data, a back-end audioconferencing system can initiate calls to participants' best available device-the phone at the desk, a PC-based VOIP session or mobile phone.
Olupona, professor of African and American studies, Faculty of Arts and Sciences and Professor of African Religious Traditions, and Regina Gemignani, a Ford Foundation Postdoctoral Fellow at the University of California at Davis, African Immigrant Religions in America is the first book, a collection of articles, to explore the increasingly rich presence of Africans in this nation and the concomitant traditions and institutions that have followed and will continue to proliferate.
The rich presence of commedianti and their performances in many parts of Italy as well as France, Flanders, the Holy Roman Empire, and England is described, as well as their role as artistic ambassadors.
Pereira not only describes each of the characters in Joe Turner as conceivably African, but he also provides sound evidence to support Africa's rich presence in various images, such as Loomis's nightmarish vision of floating bones and the ritualistic juba dance performed by boarding-house tenants.