PRESENTMENT. In Criminal Prac tice. The written notice taken by a grand jury of any offence, from their own knowleage or observation, without any bill of' indictment laid before them at the suit of the government. Sharswood, Blackst. Comm. 301.
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 hill. In an exteoded sense, presentments include not only what are pro perly so called, hut also inquisitions of office and indictments found by a, grand jury. 2 Hawkins, Pl. Cr. c. 25, s.. 1.
The difference between a presentment and an in quisition is this: that the former is found hy a grand jury authorized to inquire of offences gene rally, whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offence. 2 Hawkins, Pl. Cr. c. 25, s. 6. Bee generally, Comyns, Dig. Indictment (B); Bacon:Abr. Indictment (A); 1 Chitty, Crim. Law, 163 ; 7 East, 387; 1 Meigs, Tenn. 112; 11 Humphr. Tenn. 12.
The writing which contains the accusation so presented by a grand jury. 1 Brock. C. C. 156.
In Contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his accept ance, 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 the parties he intends to hold liable. 2 Pet. 170 ; 4 Mas. C. C. 336; 5 id. 118; 12 Pick. Mass. 399; 7 Gray, Mass. 217 ; 20 Wend. N. Y. 321; 12 Vt. 4015 13 La. 357; 7 B. Monr. Ky. 17; 8 Mo. 268; 7 Blackf. Ind. 367 ; 1 M'Cord, So.
C. 322 ; 7 Leigh, Va. 179. And when a bill or note becomes payable, it must be pre sented for payment.
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, 2 Esp. 509 ; but a pre
sentment made at a particular place, when payable there, is, in general, sufficient. A per sonal demand on the drawee or acceptor is not necessary : a demand at his usual place of residence, 17 Ohio, 78, of his wife, or other agent, is sufficient. 17 Ala. N. s. 42 ; 1 Const. So. C. 367 ; 2 Esp. 509; 5 id. 265 ; 12 Mod. 241 Holt, 313.
When a bill or note is made payable at a particular place, a presentment, as we have seen, may be made there, 8 N. Y. 266; hut when the acceptance is general it must be presented at the house, 2 Taunt. 206 ; 1 Mann. & G. 83; 3 B. Monr. Ky. 461, or place of business, of the acceptor. 3 Kent, Comm. 64, 65 ; 4 Mo. 52; 11 Gratt. Va. 260; 2 Campb. 596. See 14 Mart. La. 511.
3. The presentment for acceptance must be made in reasonable time; and what this reasonable time is depends upon the circum stances of each case. 7 Taunt. 197 ; 9 Bingh. 416; 9 Moore, Parl. Cas. 66; 2 H. Blackst. 565; 4 Mas. C. C. 336 ; 1 M'Cord, So. C. 322 ; 7 Gray, Mass. 217; 7 Cow. 205; 9 Mart. La. 326 ; 7 Blackf. Ind. 367. The presentment of a note or bill for payment ought to be made on the day it becomes due, 4 Term, 148 ; 8 Mass. 453 ; 3 N. H. 14; 12 La. 386: 22 Conn. 213 ; 20 Me. 109 ; 7 Gill & J. Md. 78 ; 8 Iowa, 394; 1 Blackf. Ind. 81 ; 10 Ohio. 496, and notice of non-payment given (other wise the holder will lose the security of thu drawer and indorsers of a hill and in dorsers of a promissory note); and in case the note or bill be payable at a particular place, at that place, .1 Wheat. 171 ; 1 Harr. Del. 10; 5 Leigh, Va. 522 ; 5 Blackf. Ind. 215 ; 2 Jones, No. C. 23 ; 13 Pick. Mass. 465 ; 19 Johns. N. Y. 391; 8 Vt. 191 ; el Ala. N. s. 375 ; 8 Mo. 336, 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 Barnew. & Ald. 244 ; 3 Me. 147 ; 27 id. 149.