KFLCC Kingdom Law 2nd Ed.

934

PRESENT

PRESIDENT

PRESENT, v. 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 offense 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, n. A gift; a gratuity; any thing presented or given. PRESENT, adj. Now existing; at hand; relating to the present time; considered with reference to the present time. —Present enjoyment. The immediate or present possession and use of an estate or prop erty, as distinguished from such as is post poned to a future time.—Present estate. An estate in immediate possession; one now exist ing, or vested at the present time; as distin guished from a future estate, the enjoyment of which is postponed to a future time.—Present Interest. One which entitles the owner to the immediate possession of the property. Civ. Code Mont. 1895, § 1110; Rev. Codes N. D. 1899, § 3288; Civ. Code S. D. 1903, § 204. —Present use. One which has an immediate existence, and is at once operated upon 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 ordi nary to be instituted in the benefice. —Presentation office. The office of the lord chancellor's official, the secretary of presenta tions, who conducts all correspondence having reference to the twelve canonries and six hun dred and fifty livings in the gift of the lord chancellor, and, draws and issues the fiats of ap pointment. Sweet. PRESENTATIVE ADVOWSON. See ADVOVSON. 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 knowl edge or observation, without any bill of in dictment laid before them at the suit of the government 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. And see In re Grosbois, 109 Cal. 445, 42 Pac. 444; Com. v. Green, 126 Pa. 531, 17 Atl. 878, 12 Am. St. Rep. 894; Mack v. People, 82 N. Y. 237; Eason v. State, 11 Ark. 482; State v. Kiefer, 90 Md. 165, 44 Atl. 1043. 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 afterwards frames an indictment. Collins v. State, 13 Fla. 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 generally, 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 accusation 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. See Gribble v. Wilson, 101 Tenn. 612, 49 S. W. 736; Neuendorff v. Dur yea, 52 How. Prac. (N. Y.) 269. PRESIDE. To preside over a court is to "hold" it,—to direct control, and govern it as the chief officer. A judge may "preside" whether sitting as a sole judge or as one of several" judges. Smith v. People, 47 N. Y. 334. PRESIDENT. One placed in authority over others; a chief officer; a presiding or managing officer; a governor, ruler, or di rector. The chairman, moderator, or presiding offi cer of a legislative or deliberative body, ap pointed to keep order, manage the proceed ings, and govern the administrative details of their business. The chief officer of a corporation, company, board, committee, etc, generally having the