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Easement/,
claimable by prescription, 88.
or by lost grant, 103. 115.
under 2 and 3 Will. 4, c. 71; 118—
121. 129.

extinguishment of, by non-user, 138—
141.

Ejectment, 27.

Election,

taking false oath at, 55.

Eloignment of Evidence. (See Spolia-
tor.)

Endowment of vicarage,

presumption of, 145.
Enemies,

act of the Queen's, 244.
Enfranchisement of copyhold,

presumable from lapse of time, 109.
145.

Enjoyment. (See Possession.)
Erasures in documents,

presumed to have been made at the
time, 85, 86.

presumption against party making
them subsequently, 207.
Estoppels,

useful when restrained within proper
limits, 23.
Evasion of justice,

presumption of guilt from, 320—324
Evasive answers,

presumption of guilt from, 318.
Evidence,

definition of, 7.

distinction between proof and, 8.
direct, 12, 246.
circumstantial, 12, 246.
presumptive, 12, 247.

admissibility of, 33, 35.

probative force of, 36—44.
legal, rules of, 33.
exclusionary, rules of, 33,34.
artificial, 34, 35.

destruction or fabrication of instru-
ments of, 204—210.

in criminal cases, 246—344.
Exclusionary rules of evidence, 33.
Executor,

de son tort, 19.

title of, by relation, 28.

taking surplus, 56.

evidence of appointment of, 77.
presumable from lapse of time, 145.
Extrajudicial acts,

presumptions in favour of, 81—86.
Extrajudicial confessions,

admissibility of, 328.

force and effect of, 330.
Extrajudicial non-responsion, 317.

Fabrication
of circumstances, 282—285.

of evidence,
(See Spoliator.)
Fact,
truths of, 7.
questions of, 10, 11.
physical facts, 14, 31.
psychological facts, 14, 15,32.
presumptions of, 31—51.
grounds and sources of, 31,
relating to things, 31.
to persons, 32. I
to acts or thoughts of intelligent
agents, 33.
admissibility of, in evidence, 33.
False answers,

presumption of guilt from, 319.
False confessions,

causes of, 335—340.
Fear,

presumed in highway robbery, 204.

indicated by passive deportment, 324.

indicated by desire for secrecy, 326.
Fee-farm rent,

presumption of extinguishment of, 138.
Felony,

who incapable of committing, 20, 171,
242.
Feoffment, 75.
Fictions, 24—28.
definition of, 24.

must not prejudice innocent parties, 25.

must havea possible subject-matter,26.

affirmative, 26.

negative, 27.

by relation, 27.
to persons, 27.
to things, 27.
to place, 27.
to time, 28.
Fine, 25,55, 79.

may be presumed, 145.
Fish,

right to take, 240.
Fishery,

right to several, 242.
Footmarks,

presumption arising from, 41.
Foreign marriage,

presumption in favour of, 236.
Forgery.

presumption of intent to defraud from

act of forging, 176.
of real evidence, 299—309.

(See Spoliator.)
Fraud, 21.
presumptions against, 29, 69, 236.

General presumptions, 53, 66.
Gestation,

regular time of, 172.

protracted, 172.

shortened, 174.

Gift,

when presumed ,57, 175.
God, act of, 244.
Goods sold, 67.
Grant,

prescription only for such things as lie

in grant, 88.
grant of incorporeal right more easily

presumed than conveyance of land,

147.

title by non-existing grant, 102.
Grant from the crown,
presumable, 107, 145.

Handwriting, proof of, 217—234.
isdirect or presumptive, 217.
presumptive proof by resemblance, 217.
different forms of proof by resemblance,
217.

by having seen party write, 218.
by having seen his writing, 218—
221.

by comparison, 221.

reasons assigned for rejecting it,

221—228.
exceptions to rule rejecting it, 223.
documents which are evidence

in cause, 223.
ancient documents, 224, 225.
by evidence of persons skilled in

handwriting, 225—227.
by knowledge acquired from sped
mens, 227—232.
infirmative circumstances attending all
presumptive proof of handwriting by
resemblance, 232,233.
ancient practice respecting proof of|

handwriting, 234.
disproof by showing general character
of party, not allowed, 34.
Highway,

presumption of dedication of, 133—137.
soil of, presumptions relating to, 240.
241.
Hiring,

presumed to be for a year, 179.
Homicide,

malice intended from, 55,176,177.
Husband and wife,

presumption of coercion iu certain
cases, 242.

(See Survivorship.)
Hydrocyanic acid,
chemical tests of, 279.

Idiotcy,

presumption against, 29, 67, 170.
Ignorance of the law,

presumption against, 63.
Illegality,

presumption against, 64—68.
Illegitimacy. See Legitimacy.

Impropriation,

presumption of, 107,108.
Inclosure,

presumption of license for, 143.
Inclosure acts,

roads under, 241.
Inclusive presumptions, 20,28.
Independent sovereign,

acts done by, 236, 237.
Induction,

presumption of, 146.
Infancy,

not presumed, 29.
Infant,

under seven, conclusively presumed
incapable of committing felony, 20,
171, 250.

under fourteen, males conclusively pre-
sumed incapable of sexual inter-
course, 22,171, 250.
under fourteen, males presumed inca-
pable of consenting to marriage, 171.
so females under twelve, 171.
between seven and fourteen taken pri-
ma facie to be doli incapaces, 171.
in ventra sa mere, 26.
Innocence,
presumption of 18,29.
favoured in law, 54, 58.
may be encountered by stronger pre-
sumption, 54, 58.
Inrolment of deed,

when presumable, 85, 148.
Insanity,

presumption against, 29, 57,170, 177,
186.

continuance of, presumed, 186.
presumption of danger from, 187.
how proved, 212.
Insurance,
on lives, 66.
on ships, 237, 239.
Intemperance,

no presumption against, 66.
Intention,

every person presumed to intend the
natural consequences of his acts,
176, 177.
Interlineations,
presumed to be made at the time, 85,
86.

deed thirty years old, 86.
Intermediate acts,

when presumed, 75.
International law,

presumptions in, 235—237.
Irreligion,

presumption against, 72.
Irregularity,

presumption against, 79.
Issue,

presumption of death without, 146.

216

Issuecontinued.

presumption of capability of having'.
170.
Judges,

presumed to do nothing maliciously, 68.
Judgment,

a faculty of the mind, 1—3.
Judgments,

presumed to be well founded, 68.

and to be given in in invitum, 243.

in rem, 34.
Judicial acts,

presumptions in favour of, 79—81
Judicial confessions, 327.

force and effect of, 328.
Jurisdiction, 81.

Juris et de jure, (prassumptio), 20.
Juris, (prtesumptio), 20—29.
Jurors,

presumed to do nothing maliciously,68.
belief of, in presumptions made in fa-
vour of enjoyment, 168, 169.

in criminnal cases. (See New
Trials.)

Justices of the peace. (See Magistrates.)

Knowledge,
a faculty of the mind, 1, 2.
presumptions of, 180.

Landlord and tenant,

presumptions relating to, 83, 179.

encroachments by tenant, 243.
Larceny,

proof of corpus delicti in cases of, 270,

330—332.
presumption of, from the possession ofj

stolen property, 304—309.
improper direction to juries in cases of,

44, 48.
Law,
questions of, 10.

pooof and evidence in general not ap-
plied to, 10, 11.

presumptions of, 16—30.
definition of, 17.

distinguished from presumptions of
fact and mixed presumptions, 17,
44.

frounds of, 18.
ivision of, 20.
conclusive, 20—23.
rebuttable, 20, 28—30.
Law of Nations. (See International

Law.)
Legitimacy,

presumptions of, 21,29) 70, 71.
Letter,

presumed to be written on day of date,
181.

presumptions of receipt of, 182, 183.
of sending, 182—184.

Letters-patent, presumption of, 145.
Libel,

presumption of malice from publica-
tion of, 55,176.
publication by servant, in a shop, evi-
dence against the master, 55, 184.
evidence of office held by party libelled,
186.

License, presumption of, 142—144.
to inclose, 143.
from the crown, 144.
to enter house, 143.
to alehouses, within University of Cam-
bridge, 95.
to theatre, 65.
Life,

continuance of, presumed, 190.
(See Death, Survivor.)
Light or rash presumptions, 37. 39.
Lights,

prescriptive right to, at common law,
89.

by lost grant, 102.

under 2 & 3 Will. 4, c. 71; 121.129.
Limitations, statute of, 105. 188.

whether legal rights of trustees are
affected by, 154.
Livery of seisin, 27.

when presumed, 75.
Loan,

presumption against, 57. 176.
Local act,

appointments under, 77.
London,

customs of, 101. 121.
Lunacy,
presumption against, 67. 170.

Magistrates,
presumed to do their duty, 69.
presumption of appointment of, 76.
Malice,
presumption of,
in libel, 176.

in homicide, from fact of slaying, 177.
in suicide, 177.
Mandamus,

presumption in favour of return to, 78.
Maritime law,

presumptions in, 237.
Mark,

how proved, 218.
Market,

prescriptive title to, 103.
Marriage,
consent of guardians, 58.
presumption of legitimacy of, 61.
presumption of, 46.

from cohabitation, reputation, &c., 70.
proof of, in cases of bigamy, 70.

in crim. con., 70.
consent to, 171.

Marriage(continued.)

promise to marry presumed to be with-
in a reasonable time, 179.
foreign, 236.
Marriage settlement. (See Surrender.)
Married woman,

presumed to have acted under the con-
trol of her husband in certain cases,
242.

Master and servant.

act of servant deemed act of master, 27.
publication of libel by servant, 55,
184.

general hiring presumed to be for a
year, 179.
Means of committing offences,

presumption of guilt from, 309, 310.
Memory, refreshing, 221.
Mesne assignments,

presumption of, 75.
Minerals,

right to, 54.
Mixed presumpt ions, 16. 45.

definition, 45.

division, 45.

new trials for disregard of, 49.
Modern enjoyment,

presumptions from. (See Possession
and User, Beneficial Enjoyment.)
Modus decimandi,

presumption of, from modern user, 18.

48. 92, 93. 99, 100.
stat. 2 & 3 Will. 4, c. 100; 130.
Moral presumptions,

from course of nature, 175—178.
Mortgage, 27.
Mortgagor,
not allowed to set up attendant term
against his mortgagee, 150,151.156.
100, 161.
Mortmain, 148.
Motives,

presumption of guilt derived from, 309.
Murder,

proof of corpus delicti in cases of, 269

et seq.; also 333.
presumptive evidence in cases of, 9.
11. 37, 38. 41. 209. 258—267.
(See Presumptive evidence in cri-
minal cases.)

Nations, law of. (See International

law.)
Nature,

presumptions derived from the ordinary
course of, 170—178.

are stronger than casual presumptions,
56. 170.
Navigable river,

flowing of the tide presumptive evid-
ence of, 54.

soil at bottom of, 240.

Navigation, right of, presumption of ex-
tinguishment of, 110.
Necessary inference, 4. 8.
Nets, right to land,
presumable, 146.
New trials,
for disregard of presumptions of law,
17. 49.

of presumptions of fact and
mixed presumptions, 17. 49.
Non-existing grant,

title by, 102—106.
Non-user,

extinction of rights by, 137—141.
Notice,

onus of proving, 65.

of user of highway, 136.
Nunc pro tunc, 28.

Occupancy of pews, 113 et seq.
Occupation,
presumption of, from allegation of sei-
sin, 242.
Official acts, 78.
Official appointments, 76—78.
presumption of, from acting in a public

capacity, 76—78.
continuance of appointment presumed,
58. 186.

Omnia prmsumunlur rite esse acta, 74—
86.

meaning of the rule, 74.
general view of the subject, 75.
division of, 75, 76.
official appointments, 76, 77.

grounds of presumption of, 78.
official acts, 78.
judicial acts, 78—80.
awards, 80.

does not apply to give jurisdiction, 80,
81.

extrajudicial acts, 81, 82.
execution of wills, 82.

signing by testator, 82, 83.
attestation by witnesses, 83, 84.
collateral facts presumed, 84, 85.
construction of instruments, 85.
interlineations and erasures, 85, 86.
Onus probandi, 39, 40.
general rule respecting, 39, 40.
shifted by strong presumptions, 42.
not by slight ones, 40.
Opportunities,

presumption of guilt from, 309.
Orders of justices,

presumptions in favour of, 78.
Ouster,

presumption against, 72.
Ownership of vessel, 65.

Parent and child, 57. 175. 243. (See
Survivorship.)

Parish officers,

appointment of, 77.
Parson,

presumed to be resident on his bene-
fice, 30. 68.
Partnership,

presumptions relating to, 184.
Party-wall,

presumption of right to, 241.
Payment,

presumption of, from receipt, 19. 43.

debt presumed to be due, 32.

advance of money, evidence presump-
tive of, 176, 204.

proof of, 37.187.

presumption of, from lapse of time, 187
—189.

3 & 4 Will. 4, c. 42, s. 3; 188.

presumption of, from circumstances,
188, 189.
Peace-officers,

presumption of appointment of, 76.
Persons in employment of the post-office,

presumption of appointment of, 76.
Pews,

prescriptive right to, 110—114.
Physical presumptions from the course

of nature, 170—175.
Pleading,

prescriptive and other rights under 2
& 3 Will. 4, c. 71. 122 et seq.
Possession

of stolen goods, presumptive evidence
of larceny, 304—309.
Possession and user,

presumptions from, 87—169.
favoured in law, 87.
possession prima facie evidence of pro-
perty, 87.
length of enjoyment, 87.
division of the subject, 88.
1. Prescription at common law, and as
affected by 2 & 3 Will. 4, cc . 71
and 100; 88—133.
difference between custom and pre-
scription, 90.
mode of pleading prescription at

common law, 90.
requisites of a prescriptive right, 90,
91.

stat. 32 Hen. 8, c. 2, and 21 Jac. 1,
c. 16; 91.

interruption, 91, 92.

evidence of prescription from modern
user, 92—95.

general evidence of prescriptive
claim not defeated by partial varia-
tions in the exercise of the right,
95—100.

user for a shorter period evidence
when coupled with other circum-
stances, 100.

presumption of prescriptive right,

how rebutted, 100—102.
title by non-existing grant, 102—5.

conflicting evidence, 105, 106.
presumption of grant from crown,

107—109.
presumptions in derogation of public

rights, 109, 110.
prescriptive right to pews, 110—114.
is either possessory or absolute,
111.

possessory, 111, 112.
right to pews as against ordinary,
113, 114.
repairs, 114.
stats, 2 & 3 Will. 4, cc. 71 and 100;
114—133.
inconveniences of the old law, 114
—116.

the stat . 2 & 3 Will. 4, c. 71;

116—130.
rights of common and other

profits a prendre, 117.
easements in general, 118-121.
lights, 121.

mode of proof—enjoyment, in-
terruption, 121.

mode of pleading under the sta-
tute, 122—130.
2 & 3 Will. 4, c. 100; 130—133.

2. Cases not within prescription acts,

133. 144.
dedication of highways, 133—137.
usermust be with consentof owner
of fee, 135—137.
presumption of extinction of rights
by non-user, 137—141.
non-payment of quit-rent, 138.
easements, 138. 141.
continuous, 139.
intermittent, 140, 141.
licenses, 142—144.

3. Presumptions in support of benefi-

cial enjoyment, 144—169.
general principle, 144.
instances, 144—169.

where courts have refused to pre-
sume in favour of possession,
146—149.
registration of deeds, 149.
conveyances by trustees, 149.

general rule, 149, 150.
presumption of surrender of terms
by trustees for years, 150.
formerly carried to unreasona-
ble length, 150—152.
presumable from circumstances,
152.

from acts of owner of inherit-
ance, 153.
whether to be presumed, as
among purchasers, from the

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