Silence

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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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
'Pata Nahi Kiyun' [I Don't Know Why] sees this age as a sea of tears and a forest of arrows and, strangely, the poet wants this apparatus of silencing to pierce only his eyes and heart!
A comprehensive analysis led scientists to two specific genes, Chaf1a and Sumo2, that are the key factors linked to proviral silencing.
With the launch of this new offering, QIAGEN is once again demonstrating its market and technology leadership by setting new standards in the converging fields of siRNA-based gene silencing and gene expression analysis," said Jie Kang QIAGEN's vice president research & development.
The structure of p19 reveals that the protein selectively recognizes silencing siRNAs by measuring their length.
The horrific lesson of Gilbert's silencing of Irish, not lost on Churchyard, was likewise well conned by the most famous of the New English poet-planters, Edmund Spenser.
Even in those early days, however, scientists recognized that this unusual chromosomal silencing wasn't absolute.
The process of defending Carlyle's literary territory also involves silencing the two women most prominently featured in the chapter of Reminiscences entitled "Jane Welsh Carlyle": Geraldine Jewsbury and Jane Welsh Carlyle herself.
Thus, the silencing of lorry and of all the discourse about him (see below) turns him into a stranger within his own family.
We breathed a text of voice, sight and movement,(21) our voices flowing into one another, celebrating one another.(22) At the same time, the detached work of storying enabled us to see more clearly the ways in which we positioned ourselves within and were positioned by silence, by the actions of speaking and silencing. We began to experience the bliss of writing/speaking, as Cixous suggests, not from lack, but from what we have.(23)
McKay suggested that Olsen considered these women silent became from a "mainstream" vantage-point, she would and could not hear them; and she identified "silencing" rather than "silence" as the proper focal point for critics.
The destruction of Beirut, as the center of oppositional ferment, where Arab intellectuals could publish their indictments of Arab governments and have influence all over the Arab World, is one of the main reasons not for the silence of the Arab intellectuals as Makiya claims, but for the "silencing" of some and the reduced influence of most.
Granted by the United States Patent and Trademark Office (USPTO), US patent 7,750,144 is titled Methods and Compositions for Enhancing Efficacy and Specificity of RNA Silencing.