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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 ?
The book is enlivened by the extensive collection of photographs, letters, and contemporary documents that accompany the text, helping to give readers a personal glimpse of a man who was known for being taciturn, if not outright stand-offish.
hairiest customer ever had also been the most taciturn.
The taciturn star spoke briefly about his collapse, according to the BBC, telling the sell-out crowd: "The doctor said I shouldn t smile.
A major book on the Iraq war described David McKiernan as "taciturn and unflappable"--qualities for which George Patton was not famous.
As Orren works to save the farm from drought, Aloma struggles with loneliness and tries to find her way in a combative, erotically charged relationship with a grieving, taciturn man.
As she ages, she holds on more and more tightly to the mental illusion that her life is different from her taciturn reality.
Peter and his taciturn, hard-drinking father Tomas are woodcutters who live on the outskirts of the village of Chust.
For 16 percent, God presides over the universe like a taciturn judge, ...
It would have been hard to predict, from images alone, that the location of the project is in Texas, generally thought of as a hot, dry and taciturn sort of place.
Godel, as she portrays him, is a taciturn intellectual "a man who speaks only when spoken to and then only about mathematics," whose delusions and paranoia eventually drive him to madness.
He described Naruse as a taciturn and thoroughly intimidating presence.
Moreover, Charley's own taciturn nature--which led courts and observers at the time to conclude that he felt no remorse--creates additional challenges for the scholar to explain his actions.