Present

A gift, or, more properly, the thing given.

A gift, or more properly, the thing given. It is provided by the constitution of the United States, art. 1, s. 9, n. 7, that “no person holding any office of profit or trust under them [the United States] shall, without the consent of congress, accept of any present, emolument, or office, or title, of any kind whatever, from any king, prince, or foreign state.”

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 property, as distinguished from such as is postponed to a future time.

— Present estate. An estate in immediate 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 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.

n. A gift; a gratuity; anything presented or given.

In English ecclesiastical law. To offer a clerk to the bishop of the diocese, to be instituted; to find or represent judicially, as a grand jury present certain offenses.

1, adj. (1) To be in a designated 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, qq. v. ^bequest to a "present" attending physician, refers to the physician in attendance at the date of the wiil." 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.* 3, V. (1) To ofi Eer 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 (3) 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, 2; 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 "Baldwin v. Baldwin, 81 Va. 410-14 (1886), cases. Lacy, J.; Neil v. Neil, 1 Leigh, 11 (1889), Carr, J. See generally 17 Cent. Law J. 413-47 (1883), cases. ' Everett 1). Carr, 59 Me. 333 (1871). '2B1. Com. 137. < 1 Story, Eq. § 606. "See 1 Daniel, Neg. Inst. § 449, as to acceptance; § 571, as to payment. •Mussoni). Lake, 4 How. 274 (1846). ' Codman v. Vermont, &o. R. Co., 17 Blatch. 4 (1879), cases. See generally Cox v. Nat. Bank of New York, 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 t Oithe court, but that a certain person has committe{l the acts set forth. The jurors " represent " or "show ■' those facts; present -whtit they find to be the facts, and they find what they represent. The finding and the presentment mean the same. ^ See Indictbient. 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 prc Bsentes Uteres, 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.^ (3) See Baggage; Gift, 1; 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." ^

1. To offer a clerk to the bishop for institution in a benefice; v. Presentation. 2. To find judicially; v. Presentnary for institution in a living; v. Advowson. the appointment of- a clerk to the patron to be A person may have the right of nomination by by grant or mortgage of the entire advowson chein avoidance, the next presentation, Advowson.

adj. A bequest in a will to testator's present attendant physician imports a bequest to the physician attending the testator at the date of the will. Everett v. Carr, 59 Me. 325. Present use. A use of land which may be enjoyed now, as opposed to a future use. Mozley ^- W.