Present

Present in United Kingdom

Concept of Present

The following is an old definition of Present [1], a term which has several meanings:1, (adjetive) (1) To be in a desig- nated place, actually, or by construction, of law. See Presence. (2) Now existing; neither ended nor yet to begin; neither past nor future: as, present – time, estate, use, enjoyment, qsee, in this resource, the term A bequest to a “present” attending physician, refers to the physician in attendance at the date of the will. Presently. Now; at once; immediately, A jointure takes effect ” presently after the death of the husband; ” and a donation viortis causa “presently belongs to the donee,” in case the donor dies.

Alternative Meaning

(Verb)(1) To offer for acceptance or payment. Presentment. Producing or tendering, according to the terms of either instrument, (1) a bill of exchange to the drawee for acceptance or to the acceptor for payment; or (2) a promissory note to the maker for payment. Presentment of a bill is to be made on the drawee that he may judge of the genuineness and of the right of the holder to receive the contents, and that he may obtain immediate possession of the bill upon payment of the amount. Ordinarily, the instrument should be produced, so that, upon payment, it may be delivered up. See Accept; Negotiable; Place, Of payment. (2) In criminal law, to find, represent, or report officially. Presentraent. The notice taken by a gi-and juiy of an offense from their own knowledge or observation, without a bill of indictment being laid before them. Upon this presentment an indictment is framed. In Massachusetts, an indictment begins ” the jurors on their oath present.” In some other jurisdictions, where the offense is continuing, the charge is that the defendant, on a day named, and between that day and the day of the ” taking of this inquisition,” committed certain acts. And in some others the wortls are ” the day of the making of this presentment.” At common law, every indictment is a presentment. “Presentment ” here means, not the delivery of the indictment to the court, but that a certain person has committed the acts set forth. The jurors ” represent ” or “show ” those facts; present what they find to be the facts, and they find what they represent. The finding and the presentment mean the same. See Indictment. Presents. (1) In the expressions ” Know all men by these presents” and “To all to whom these presents may come,” refers simply to the instrument or writing then in hand, or being read or spoken of. The original was praesentes litarae, words before the reader: formal words of description in old conveyances. “By these presents “is a phrase peculiar to conveyances and contracts in common-law countries. It is not found in documents executed under the Civil law. (2) See Baggage; Gift; Insolvency; Service, 3, Civil. “No Person holding any Office of Profit or Trast under them [the United States], shall, without the Consent of the Congress, accept any present. Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

Resources

Notes and References

  1. Meaning of Present provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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