Presentment

In Criminal Practice. The written notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government. 4 Bl. Comm. 301; 109 Gal. 448; 183 Mich. 207. Upon such presentment, when proper, the officer employed to prosecute afterwards frames a bill of indictment, which is then sent to the grand jury, and they find it to be a true bill.

In an extended sense, presentments include not only what are properly so called, but also inquisitions of office and indictments found by a grand jury. 2 Hawk. P. C. c. 25, § 1. 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 a particular offense. 2 Hawk. P. C. c. 25, § 6. See, generally, Comyn, Dig. "Indictment" (B); Bac. Abr. "Indictment" (A); 1 Chit. Crim. Law, 163; 7 East, 387; 1 Meigs (Tenn.) 112; 11 Humph. (Tenn.) The chief distinctipn between an indictment and a presentment at common law was that the former was made at the suggestion of the crown, while the latter was made upon the knowledge of one or more of the jurors, and instead of being indorsed "a true bill" by the foreman alone, was signed by all of the jurors. The writing which contains the accusation so presented by a grand jury. 1 Brock. In Contracts. The production of a _ bill of exchange or promissory note to the party on whom the former is drawn, for

In criminal practice. The written notice taken by a grand jury of any offense, from their own knowledge or observation, without any bill of indictment 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 publlc offense has been committed which is triable in the county, and that there is reasonable ground for believing that a particular individual named or described 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. Pcople, 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 statement 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 ceurts-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.

The notice taken by a grand jury of any offense, from their own knowledge or observation, without a bill of indictment: in a more general sense, an indictment, or an inquisition of office. A producing or tendering, as of a bill of exchange for acceptance, or a bill or a promissory note for payment

presentation. The notice taken of an offence from their own knowledge, without

contracts, is the production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment. The holder of a bill is bound, in order to hold the parties to it responsible to him, to present it in due time for acceptance, and to give notice, if it be dishonoured, to all the parties he intends to hold Jiable. And when a bill or note becomes payable, it must be presented for payment. The principal circumstances concerning presentment, are the person to whom, the place where, and the time when it is to be made. 1. In general the presentment for payment should be made to the maker of a note, or the drawee of a bill for acceptance, or to the acceptor, for payment; but a presentment made at a particular place, when payable there, is in general sufficient. A personal demand on the drawee or acceptor is not necessary; a demand at his usual place of residence of his wife or other agent is sufficient, 2 Esp. Cas. 509; 5 Esp. Cas. 265; Holt’s N. P. Cas. 313.—2. When a bill or note is made payable at a particular place, be made there; but when the acceptance is general, it must be presented at the house or place of business of the acceptor. 3 Kent, Com. 64,65.— 3. In treating of the time for presentment, it must be considered with reference, Ist, to a presentment for acceptance; 2dly, to one for payment. Ist. When the bill is payable at sight, or after sight, the presentment must be made in reasonable time; and what this reasonable time is depends upon the circumstances of cach case. 7 Taunt. 397; 1 Dall. 255; 2 Dall. 192; Ibid. 232; 4 Dall. 165; Ibid. 129; 1 Yeates, 531; 7 Serg. & Rawle, 324; 1 Yeates, 147. 2dly, The presentment of a note or bill for payment ought to be made on the day it becomes due, and notice of non-payment given, otherwise the holder will lose the security of the drawer and endorsers of a bill and the endorsers of a promissory note, and in case the note or bill be payable at a particular place and the money lodged there for its payment, the holder would probably have no recourse against the maker or acceptor, if he did not present them on the day, and the money should be lost. 5 Barn. & Ald. 244. Vide 5 Com. Dig. 134; 2 John. Cas. 75; 3 John. R. 230; 2 Caines’s Rep. 343; 18 John. R. 230; 2 John. R. 146, 168, 176; 2 Wheat. 373; Chit. on Bills, Index, h. t.; Smith on Mer. Law, 138; Byles on Bills, 102.