The state of absence, departure or absence from his place of residence or habitual residence. Absence is fivefold: (1) A necessary absence, as in the case of persons exiled or transported; This is absolutely necessary. (2) Necessary and voluntary, such as at the expense of the Commonwealth or in the service of the Church. (3) A probable absence, according to civilians, like those of students on the study score. (4) Entirely voluntary, on the basis of trade, goods and others. (5)- Absence of dolo and culpa, since it does not appear in a declaration of claim, a summons, a summons, etc., nor to delay or defeat creditors or to avoid arrest, whether in civil or criminal proceedings. Ayliffe. While the law allows for the setting aside of a judgment against a defendant “in his absence”, the term “absence” refers to the non-appearance of the action and not only the fact that the party was not present in court. Strine v. Kaufman, 12 Neb. 423.11 N. W.
867. In Scottish law. Desired or default appearance. A decree should be absent if the defence lawyer (accused) does not show up. Ersk. Inst bk. 4, tit 3, An absent company is a company which carries on business in a State other than the place of its incorporation but which has not appointed a representative for the purpose of carrying out proceedings which may arise from disputes concerning its commercial operations. A person who has temporarily or permanently left his domicile, habitual residence or establishment. A person outside the geographical boundaries of a State who has not authorized a representative to represent him or her in legal proceedings that may be brought against him or her in the State. ABSENT. A person who is not at his place of residence or habitual residence. 2.
After an absence of seven years without a hearing, the presumption of death arises. 2 campb. R. 113; Hardins R. 479; 18 Johns. R. 141 15 Mass. R. 805; Ev. de Peake vers 14, p. 1; 2 Strong. Ev.
457 8; 4 Barn. & A. 422; 1 Strong. approx. 121 park on Ins. 433; 1 Bl. R. 404; Burr vs. Simm, 4 Wh. 150; Bradley vs. Bradley, 4 Wh.
173. 3. In Louisiana, when a person who owns movable or immovable property in the state leaves it without having appointed a person to take care of his property; or if the person so appointed dies or is unable or unwilling to continue to administer the estate, in that case, the judge of the place where the estate is located appoints a curator to administer it. Civ. Code of Lo. Kind. 50 In appointing that curator, the judge favours the wife of the absentee over his presumed heirs, the presumed heirs over the other parents; However, relations with foreigners and creditors with those who are not otherwise interested provided that these persons have the necessary qualifications. Ib. Art.
51. For the French law on the matter, vide Biret, de l`Absende; Civil Code, liv. l tit. 4. Crazy. free. 13 Tit. 4, No. 379-487; Merl.
Reputation. h.t.; and see also Ayl. Pand. 269; Dig. 50, 16, 198; Ib. 50, 16, 173; Ib. 3,3,,6; Code, 7 32 12. An absent owner is a person who rents one property to another but does not live in the rented premises. 3B:26-1 Definition of absent person As used in this chapter, an absent person means any person who has disappeared or who has been imprisoned or imprisoned by a foreign power. S.1981, c.
405, pp. 3B:26-1, eff. 1 May 1982. “Absence without vacation Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/absence%20without%20leave. Retrieved 28 September 2022. Without early termination for any reason, orders placed but not expired will remain in effect until the end of the specified contract term for the remainder of the fiscal year for which they were issued. Without registration or exemption, the subscriber undertakes not to resell the shares. Without the consent of the official, these forced samples and the results of these tests shall not be disclosed to any criminal investigation authority. (in ab-sensh-ee-ah) adj. or adv. sentence.
Latin for “in absentia” or more complete in absentia. Sometimes a criminal trial is conducted without the presence of the accused if he resigns or escapes after the start of the trial, because the defendant has therefore waived the constitutional right to face his accusers. During post-World War II war crimes trials, it was used against Nazis who had committed atrocities and then disappeared, the most famous being Martin Bormann, Hitler`s closest adviser. Without appropriate and timely objection, the person so selected will act as independent legal counsel. Powered by Black`s Law Dictionary, Free 2nd ed. and The Law Dictionary. Unless there is an allegation of misconduct or excessive violence, this is considered routine contact in the normal course of duties. (b) ensure that all injured parties are examined and treated. (c) If possible, separately obtain a recorded hearing with the subject against whom force was used.