Blacks Law Dict. 1st ed

PRESENCE

PRESERVATION

931

is, before the reign of Richard I.; bat the time of prescription, in certain cases, was much shortened by that act. 2 Steph. Comm. 85. PRESENCE. The existence of a person in a particular place at a given time, partic ularly with reference to some act done there and then. Besides actual presence, the law recognizes constructive presence, which lat ter may be predicated of a person who, though not on the very spot, was near enough to be accounted present by the law, or who was actively co-operating with another who was actually present. PRESENT, 9. In English ecclesiastical law. To offer a clerk to the bishop of the diocese, to be instituted. 1 Bl. Comm. 389. In criminal law. To find or represent judicially; used of the official act of a grand jury when they take notice of a crime or of fense from their own knowledge or observa tion, without any bill of indictment laid be fore them. In the law of negotiable instruments. Primarily, to present is to tender or offer. Thus, to present a bill of exchange for ac ceptance or payment is to exhibit it to the drawee or acceptor, (or his authorized agent,) with an express or implied demand for ac ceptance or payment. Byles, Bills, 183, 201. PRESENT, 7i. A gift; a gratuity; any thing presented or given. PRESENT ENJOYMENT. The im mediate or present possession and use of an estate or property, as distinguished from such as is postponed to a future time. PRESENT ESTATE. An estate in im mediate possession; one now existing, or vested at the present time; as distinguished from a future estate, the enjoyment of which is postponed to a future time. PRESENT USE. One which has an im mediate existence, and is at once operated up on by the statute of uses. PRESENTATION. In ecclesiastical law. The act of a patron or proprietor of a living in offering or presenting a clerk to the ordinary to be instituted in the benefice. PRESENTATION OFFICE. The of fice of the lord chancellor's official, the sec retary of presentations, who conducts all cor respondence having reference to the twelve canonries and six hundred and fifty livings in the gift of the lord chancellor, and draws and issues the fiats of appointment. Sweet.

PRESENTATIVE ADVOWSON. See ADVOWSON. PRESENTEE. In ecclesiastical law. A clerk who has been presented by his patron to a bishop in order to be instituted in a church. PRESENTER. One that presents. PRESENTLY. Immediately; now; at once. A right which may be exercised "pres ently" is opposed to one in reversion or re mainder. PRESENTMENT. In criminal prac tice. The written notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indict ment laid before them at the suit of the gov ernment. 4 Bl. Comm. 301. A presentment is an informal statement in writing, by the grand jury, representing to the court that a public offense has been com mitted which is triable in the county, and that there is reasonable ground for believing that a particular individual named or de scribed therein has committed it. Pen. Code Cal. § 916. In its limited sense, a presentment is a state ment by the grand jury of an offense from their own knowledge, without any bill of indictment laid before them, setting forth the name of the party, place of abode, and the offense committed, informally, upon which the officer of the court aft erwards frames an indictment. 13 Pla. 651, 663. The difference between a presentment and an inquisition is this: that the former is found by a grand jury authorized to inquire of offenses gen erally, whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offense 2 Hawk. P. C. c. 25, § 6. The writing which contains the accusa tion so presented by a grand jury is also called a "presentment." Presentments are also made in courts-leet and courts-baron, before the stewards. Steph. Comm. 644. In contracts. The production of a bill of exchange to the drawee for his acceptance, or to the drawer or acceptor for payment; or of a promissory note to the party liable, for payment of the same. PRESENTS. The present instrument. The phrase "these presents" is used in any legal document to designate the instrument in which the phrase itself occurs. PRESERVATION. Keeping safe from harm; avoiding injury, destruction, or decay. This term always presupposes a real or ex isting danger.

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