Presumption of Presence for Persons in Nearby Gardens

Notes

1. 3.3.5.prPraesens habetur — The passive form *habetur* (from *habere*) is used in the sense of 'is considered' or 'is held to be', taking *praesens* as a predicate nominative. The grammatical subject is the implied antecedent (*is*) of the relative clause *qui in hortis est*.
2. 3.3.5.pret — Used adverbially here in the sense of 'also' or 'even' (equivalent to *etiam*), emphasizing the entire relative clause.
3. 3.3.5.prin hortis — The plural *horti* refers to suburban gardens or estates located just outside the city boundaries of Rome. Since they are physically very close, a person there is deemed legally 'present' as they can respond immediately.