presentment 音标拼音: [priz'ɛntmənt]
n . 陈述;上演;描写
陈述;上演;描写
presentment n 1 :
an accusation of crime made by a grand jury on its own initiative [
synonym : {
presentment }, {
notification }]
2 :
a document that must be accepted and paid by another person 3 :
a show or display ;
the act of presenting something to sight or view ; "
the presentation of new data "; "
he gave the customer a demonstration " [
synonym : {
presentation },
{
presentment }, {
demonstration }]
Presentment \
Pre *
sent "
ment \,
n .
1 .
The act of presenting ,
or the state of being presented ;
presentation . "
Upon the heels of my presentment ." --
Shak .
[
1913 Webster ]
2 .
Setting forth to view ;
delineation ;
appearance ;
representation ;
exhibition .
[
1913 Webster ]
Power to cheat the eye with blear illusion ,
And give it false presentment . --
Milton .
[
1913 Webster ]
3 . (
Law )
(
a )
The notice taken by a grand jury of any offence from their own knowledge or observation ,
without any bill of indictment laid before them ,
as ,
the presentment of a nuisance ,
a libel ,
or the like ;
also ,
an inquisition of office and indictment by a grand jury ;
an official accusation presented to a tribunal by the grand jury in an indictment ,
or the act of offering an indictment ;
also ,
the indictment itself .
(
b )
The official notice (
formerly required to be given in court )
of the surrender of a copyhold estate .
--
Blackstone .
[
1913 Webster ]
{
Presentment of a bill of exchange },
the offering of a bill to the drawee for acceptance ,
or to the acceptor for payment .
See {
Bill of exchange },
under {
Bill }. --
Mozley &
W .
[
1913 Webster ]
119 Moby Thesaurus words for "
presentment ":
accommodation ,
accordance ,
alphabet ,
arraignment ,
art ,
award ,
awarding ,
bail ,
benefit ,
bestowal ,
bestowment ,
bill ,
blueprint ,
charactering ,
characterization ,
charge ,
chart ,
choreography ,
communication ,
concession ,
conferment ,
conferral ,
contribution ,
conventional representation ,
dance notation ,
debut ,
delineation ,
deliverance ,
delivery ,
demonstration ,
depiction ,
depictment ,
description ,
diagram ,
display ,
donation ,
drama ,
drawing ,
enactment ,
endowment ,
entertainment ,
exemplification ,
exhibit ,
exhibition ,
exposition ,
exposure ,
farewell performance ,
figuration ,
flesh show ,
furnishment ,
gifting ,
giving ,
grant ,
granting ,
hieroglyphic ,
iconography ,
ideogram ,
illustration ,
imagery ,
imaging ,
impartation ,
impartment ,
impeachment ,
indictment ,
information ,
investiture ,
letter ,
liberality ,
limning ,
logogram ,
logograph ,
map ,
musical notation ,
notation ,
offer ,
opening ,
ostentation ,
performance ,
pictogram ,
picture ,
picturization ,
plan ,
portraiture ,
portrayal ,
prefigurement ,
premiere ,
presentation ,
printing ,
production ,
projection ,
provision ,
realization ,
rendering ,
rendition ,
representation ,
retrospective ,
schema ,
score ,
script ,
show ,
showing ,
stage presentation ,
subscription ,
supplying ,
surrender ,
swan song ,
syllabary ,
symbol ,
tablature ,
theatrical performance ,
true bill ,
tryout ,
unfolding ,
unfoldment ,
unveiling ,
varnishing day ,
vernissage ,
vouchsafement ,
writing PRESENTMENT ,
contracts .
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 .
2 .
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 dishonored ,
to all tho parties he intends to hold liable .
And when a bill or note becomes payable ,
it must be presented for payment .
3 .
The principal circumstances concerning presentment ,
are the person to whom ,
the place where ,
and the time when ,
it is to be made .
4 .-
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 .
5 .-
2 .
When a bill or note is made payable at a particular place ,
a presentment ,
as we have seen ,
may 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 .
6 .-
3 .
In treating of the time for presentment ,
it must be considered with reference ,
1st .
To a presentment for acceptance .
2d .
To one for payment .
1st .
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 each 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 .
2d .
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 '
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 .
7 .
The excuses for not making a presentment are general or applicable to all persons ,
who are endorsers ;
or they are special and applicable to the particular '
endorser only .
8 .-
1 .
Among the former are ,
1 .
Inevitable accident or overwhelming calamity ;
Story on Bills ,
Sec .
308 ;
3 Wend .
488 ;
2 Smith '
s R .
224 .
2 .
The prevalence of a malignant disease ,
by which the ordinary operations of business are suspended .
2 John .
Cas .
1 ;
3 M . &
S .
267 ;
Anth .
N .
P .
Cas .
35 .
3 .
The breaking out of war between the country of the maker and that of the holder .
4 .
The occupation of the country where the note is payable or where the parties live ,
by a public enemy ,
which suspends commercial operations and intercourse .
8 Cranch ,
155 15 John .
57 ;
16 John .
438 7 Pet .
586 2 Brock .
20 ;
2 Smith '
s R .
224 .
51 .
The obstruction of the ordinary negotiations of trade by the vi '
s maj or .
6 .
Positive interdictions and public regulations of the state which suspend commerce and intercourse .
7 .
The utter impracticability of finding the maker ,
or ascertaining his place of residence .
Story on Pr .
N .
205 ,
236 ,
238 ,
241 ,
264 .
9 .-
2 .
Among the latter or special excuses for not making a presentment may be enumerated the following :
1 .
The receiving the note by the holder from the payee ,
or other antecedent party ,
too late to make a due presentment ;
this will be an excuse as to such party .
16 East ,
248 ;
7 Mass .
483 ;
Story ,
P .
N .
Sec .
201 ,
265 ;
11 Wheat .
431 2 Wheat .
373 .
2 .
The note being an accommodation note of the maker for the benefit of the endorser .
Story on Bills ,
Sec .
370 ;
see 2 Brock .
20 ;
7 Harr . &
J .
381 ;
7 Mass .
452 ;
1 Wash .
C .
C .
R .
461 ;
2 Wash .
C .
C .
R .
514 ;
1 Raym .
271 ;
4 Mason ,
113 ;
1 Har .
&
G .
468 ;
1 Caines ,
157 ;
1 Stew .
175 ;
5 Pick .
88 ;
21 Pick .
327 .
3 .
A special agreement by which the endorser waives the presentment .
8 Greenl .
213 ;
11 Wheat .
629 ;
Story on Bills ,
Sec .
371 ,
373 ;
6 Wheat .
572 .
4 .
The receiving security or money by an endorser to secure himself from loss ,
or to pay the note at maturity .
In this case ,
when the indemnity or money is a full security for the amount of the note or bill ,
no presentment is requisite .
Story on Bills ,
Sec .
374 ;
Story on P .
N .
Sec .
281 ;
4 Watts ,
328 .;
9 Gill &
John .
47 ;
7 Wend .
165 ;
2 Greenl .
207 ;
5 Mass .
l70 ;
5 Conn .
175 .
5 .
The receiving the note by the holder from the endorser ,
as a collateral security for another debt .
Story on Pr .
Notes ,
Sec .
284 ;
Story on Bills ,
Sec .
372 ;
2 How .
S .
C .
R .
427 ,
457 .
10 .
A want of presentment may be waived by the party to be affected ,
after a full knowledge of the fact .
8 S . &
R .
438 ;
see 6 Wend .
658 ;
3 Bibb ,
102 ;
5 John .
385 ;
4 Mass .
347 ;
7 Mass .
452 ;
Wash .
C .
C .
R .
506 ;
Bac .
Ab .
Merchant , &
c .
M .
Vide ,
generally ,
1 Hare &
Wall .
Sel .
Dec .
214 ,
224 .
See Notice of dishonor .
PRESENTMENT ,
crim .
law ,
practice .
The written notice taken by a grand jury of any offence ,
from their own knowledge or observation ,
without any bill of indictment laid before them at the suit of the government ;
4 Bl .
Com .
301 ;
upon such presentment ,
when '
proper ,
the officer employed to prosecute ,
afterwards frames a till 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 is properly so called ,
but also inquisitions of office ,
and indictments found by a grand jury .
2 Hawk .
c .
25 ,
s .
1 .
2 .
The difference between a presentment and an inquisition , (
q .
v .)
is this ,
that the former is found by a grand jury authorized to inquire of offences generally ,
whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offence .
2 Hawk .
c .
25 ,
s .
6 .
Vide ,
generally ,
Com .
Dig .
Indictment ,
B Bac .
Ab .
Indictment ,
A 1 Chit .
Cr .
Law ,
163 ;
7 East ,
R .
387 1 Meigs .
112 ;
11 Humph .
12 .
3 .
The writing which contains the accusation so presented by a grand jury ,
is also called a presentment .
Vide 1 Brock .
C .
C .
R .
156 ;
Grand Jury .
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