Page:Black's Law Dictionary (Second Edition).djvu/942

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PRESENT

PRESENT, 1). In English ecclesiastical law. To offer a merit to the bishop of the diocese, to be instituted. 1 ‘Bl. Comm. 389.

In criminal law. To tind or represent judicially; used of the official act of a grand jury when they talie notice of 8 crime or offense from their own knowledge or observation, without any bill of indictment laid before them.

In the law of negotiable instruments. Primarily, to present is to tender or oifer. Thus, to present a bill of exchange for acceptance or payment is to exhibit it to the drawee or acceptor, (or his authorized agent) with an express or implied demand for acceptance or payment. Byles, Bills, 183, 201.

PRESENT, n. A gift; it giatuity; any- thing presented or given.

PRESENT, adj. Now existing; at hand; relating to the present time; considered with reference to the present time.

—Px-esant 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.—Px-esent estate. An estate in immediate possession; one now existing, or vested at the present time; as distin- guished from a future estate, the enju meut of which is postponed to a future time.— resent interest. One which entitles the owner to the immediate possession of the property. Civ. Code Mont. 1895 1110; Rev. Coiics N. D. 1399. § 3288; div. Code s. D. 1903. 5 20+. --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 8 living in oflering or presenting a cierl. to the oral- nary to be instituted in the beneiice. —I-'1-esentation office. The office of the lord chancellor's olhciai, the secretary of presentations, who conducts all correspondence having reference to the twelve canonries and six hundred and fifty a ings in the gift of the lord chancellor, and di, ws and issues tha flats of appointment. Sweet.

PRESENTATIVE ADVOWSON. ADVOWSON.

See

PRESENT!-IE. In ecclesiastical law. A cierli who has been presented by his patron to a bishop in order to be instituted in it church.

PRESENTER. One that presents.

PRESENTLY. Immediately: now: at once. A right which may be exercised “presentiy" is opposed to one in reversion or remainder.

PRESENTMENT. In criminal practies. The written notice taken by R grand jury of any offense, from their own knowl- edge or observation, without any bill of in- ilittment laid before them at the suit of the government. 4 Bl. Comm. 301.

934

PRESIDENT

A presentment is an informal state writing, by the grand jury, represe ' the court that a public ofleuse has bee mitted which is triahie in the coun ' that there is reasonable ground for he] that a particular individual named a scribed therein has committed it. Pen: Cal. 5 916. And see In re Grosliois, 100 _ 445, 42 Pac. 4-14: Coin. v. Green, 126 531. 17 Ati 878, 12 Am. St. Rep. 89-}: v. People, 82 N. Y. 237; Easun v. Stat Arii. 482; State v. Kieter, 90 Md. Atl. 10-13.

ln its limited sense, a presentment is ii ment by the grand jury c! an ofifense fro own i:nowled-,:e, without any bill of ind‘ laid before them, setting forth the nunie -. party, place of abode, and the oficuse co ' informally. upon which the officer cl ziitei-u,ai'ds frames an indictment.

Stine. 13 Fla. 651, (363.


a grand jury authorized to inquire of 0 generally. nbvreas the l:l(l('l' is an an i found by a jury spatially returned to i couccriling the particular ofieuse. 2 Us C. c. 20. § 6.

The writing which contains the accu - so presented by a grand jury is also a "presentment." *

Presentiuents are also made in courts and courts-baron, before the stew Steph. Comm. 614.

In contracts. The production of ii of exchange to the drawee for his accep l- or to the drawer or acceptor for payment; of a promissory note to the party iiiibie, payment of.‘ the same.

PRESENTS. The present iustruni The phrase "these presents" is used in : legal document to designate the iustruiii in which the phrase itself occurs.

PRESERVATION. Keeping safe I harm; avoiding Lnjury, destruction, or die This term always presupposes a real or isting danger. See Gribble v. Wilsuu, Tenn. 612, 49 S. W. 736; Neuendorfl v. Du yea, 52 How. Prac. (N. Y.) 269.

PRESIDE. To preside over a court is _ “hold" it.—to direct, coutroi, and govern \ as the chief officer. A judge may “p whether sitting as a sole judge or as one 0 several judges. sniith v. People. -17 N. 334.

PRESIDENT. One placed in authorii over others; a chic! officer; a presiding . managing officer; a governor. ruler, or - rector.

The chairman. moderator, or presiding oil! cer of.‘ a legislative or deiiherative body. ii pointed to lieep order, manage the proceed lugs, and govern the administrative detu .. of their business.

The chief officer of R corporation, COlllDil

board, committee, etc. generally having tii