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SILENCE. The state of a person who does not speak, or of one who refrains from speaking.
     2. Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent person is bound in good faith to explain himself, in which case, silence gives consent. 6 Toull. liv. 3, t. 3, n. 32, note; 14 Serg. & Rawle, 393; 2 Supp. to Ves. jr. 442; 1 Dane's Ab. c. 1, art. 4, Sec. 3; 8 T. R. 483; 6 Penn. St. R. 336; 1 Greenl. Ev. 201; 2 Bouv. Inst. n. 1313. But no assent will be inferred from a man's silence, unless, 1st. He knows his rights and knows what he is doing and, 2d. His silence is voluntary.
     3. When any person is accused of a crime, or charged with any fact, and he does not deny it, in general, the presumption is very strong that the charge is correct. 7 C. & P. 832 5 C. & P. 332; Joy on Conf. s. 10, p. 77.
     4. The rule does not extend to the silence of a prisoner, when on his examination before a magistrate he is charged by another prisoner with having joined him in the commission of an offence: 3 Stark. C. 33.
     5. When an oath is administered to a witness, instead of expressly promising to keep it, he gives his assent by his silence, and kissing the book.
     6. The person to be affected by the silence must be one not disqualified to act as non compos, an infant, or the like, for even the express promise of such a person would not bind him to the performance of any contract.
     7. The rule of the civil law is that silence is not an acknowledgment or denial in every case, qui tacet, non utique fatetur: sed tamen verum est, eum non negaro. Dig. 50, 17, 142.

References in periodicals archive ?
Allam and Abom [9] studied a splitter type Cremer silencer. The lateral dimensions of backing cavities were altered.
Opponents of the Hearing Prevention Act argue that silencers could make it more difficult to locate the source of shooting during a mass shooting event.
An example of pit depth measurements from one same position of all field silencers and three tested silencers is shown in figure 4.
The most important characteristics of the absorptive silencer is that the pressure should be as low as possible.
The process creates a silencer with greater interior volume, and thus makes it quieter.
But the DNA of his drinking buddy Brian Connolly, 48, was found on one of the silencers and he was charged with its possession.
Castillo led Silencer's losing cause, as he almost single-handedly carried his team with his outstanding 43-point performance.
With an aluminum tube, high nickel-content baffles and hardened stainless steel endcaps, the .22LR silencer is light, if a bit bulky.
"Possession of a firearm is a very serious offence but to find it with a silencer is even more sinister.
They have created a condition where a Chore Boy pad can be considered a silencer." In a fashion typical of D.C.
As with reciprocating compressors, the acoustic analysis and design of the associated silencer (filter bottle) can help or hurt the overall reliability and efficiency of the compression system.
FORMER Coventry captain Edward Kennett has received a 12-month ban for using an illegal silencer in the match at Lakeside earlier this month.