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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 ?
'Will [the] world silently witness another Srebrenica-type massacre and ethnic cleansing of Muslims in IOK?
'Will the world silently witness another Srebrenica-type massacre and ethnic cleansing of Muslims in IoK?,' Imran Khan asked in a series of tweets and warned that India's brutalities in the occupied valley would further radicalise the Muslim world and set off cycles of violence.
Nikki said the burglar seemed extremely experienced - he silently removed an entire double glazing window from the wall of her Zetland Road home to enter.
[USA], Aug 23 ( ANI ): A lawyer representing United States President Donald Trump's former counsel Micheal Cohen described special counsel Robert Mueller as a "great man" who was "operating silently like a submarine."
A recovery mechanism launched by PNB in May 2017, a team visits the borrower's office or residence and sits there silently. Currently, there are 1,144 field staff members who are driving the mission.
She added: "Uncontrolled gambling is silently destroying lives and families.
'Previously, when prime minister were ousted, they would go home silently, but this is not the case now,' he said.
The most distinct feature of the machine is that it works silently with little energy.
Laparotomy was done and found that all the swallowed needles were migrated silently from Bowel.
Sisters' fightback fascinates India A VIDEO showing two sisters in northern India hitting back at men who allegedly harassed them on a crowded bus has drawn huge attention in a country where hundreds of thousands of women silently endure sexual harassment daily.
He silently became the president upon the demand of VMRO-DPMNE and will silently leave too," the party said.