Imágenes de páginas
PDF
EPUB

»

Possession and user(continued.)

term not being noticed in
recent marriage-settlements,
153—168.
surrender of terms not assigned
toattendthe inheritance, 168.
presumptions in favour of title—
belief of juries, 168, 169.

Post,

letter sent by, 182—184.
Post-mark, 182.
Preparations,

presumption of guilt from, 310—313.
Prescription, 50. 75. 88—133. (See
Possession.)

definition, 88.

to what species of property it applies,
88, 89.

against rights of crown, 89, 107—
109.

difference between it and custom, 90.
pleading, 90.
requisites of, 90, 91.
interruption, 91, 92.

by unity of possession, 92.
evidence of, 92. 100.
presumption of, how rebutted, 100—

102.

in the case of pews, 110—114.
inconveniences of the old law respect-
ing, 114—116.
2 & 3 Will. 4, c. 71; 116—130.
2 & 3 Will. 4, c. 100; 130—133.
Press,

mischievous influence of, in certain

cases, 347.
Presumption,

primary and proper signification of,

4.

secondary signification of, in jurispru-
dence, 12.
popular signification of, 14.
Presumptions,
in general, 15.
division of, 15.

presumptions of law, 17—30.

conclusive, 20.

fictions, 24.

rebuttable, 28.
presumptions of fact, 31.

sources of, 31.

admissibility of presumptive evid-
ence, 33.
probative force of, 36.
classification of presumptions by
Lord Coke into violent, proba-
ble, and light, 37.
illustration of violent presump-
tions, 37.
objections to, 37.
utility of the threefold classifica
tion doubtful, 38.

division of presumptions with refer-
ence to the onus probandi, 39,40.
slight presumptions, 40.

use of, 41.
strong presumptions, 42.
effect of, 43.
presumptions of mixed law and fact,
44.

direction to juries when evidence is

presumptive, 48.
new trials for the disregard of pre-
sumptions of fact or mixed pre-
sumptions, 49.
conflicting presumptions, 52.

rules respecting, 53.
particular presumptions of law and fact,
62.

presumptions against ignorance of
law, 63.

illegality, 64.
neglect of duty, 68.
fraud and covin, &c. 69.
immorality, &c., 70—72.
irreligion, 72.
maxim "Omnia presumuntur rite esse

acta," 74.
presumptions from possession and user,

87. (See Possession.)
presumptions derived from the course

of nature, 170.
presumptions from the habits of society,

usage of trade, &c., 179.
presumptions of the continuance of
things in the state they have once
existed, 186.
presumptions in disfavour of the spolia-
tor, 203.

presumptions from the general charac-
ter of parties to judicial proceedings,
211.

presumptive proof of handwriting, 217.
presumptions in international and mari-
time law, 235.
miscellaneous presumptions, 240.
(And see the several titles through-
this Index.)
Presumptive evidence in criminal cases,
246—344.
general theory and rules of. (See

Criminal cases.)
examination of some of the principal
species of presumptive proof in cri-
minal cases, 294—344.

(See the several titles, Real evi-
dence, Evasion of justice, Pre-
parations, Threats, Fear, 4rc.)
Presumptive reasoning, 8.
Previous attempts,

presumption of guilt from, 310. 312.
Primary evidence, 35, 36.
Prisoners' counsel act,
construction of, 345.

Private office,
presumption from course of business in,
182.
Probability, 3.
Procreation,

presumption of power of, 170.
Profits a prendre,

claimable by prescription at common
law, 88.

stat. 2 & 3 Will. 4, c. 71; 117,118.
Promissory notes. (See Bills of ex-
change.')
Proof,

what, 5—7.

how distinguished from evidence, 7, 8.
Protestations of innocence,

too much credit usually given to, 350,
351.
Public office,
presumptions from course of business
in, 182.
Public officers,
presumption of due appointment of,
76.

presumed to do their duty, 68.
Public rights,
presumptions in derogation of, 109,
110.

Putting off trial, 349.

Quit-rent,
presumption of, 242.
extinguishment of, 138.

Rape,
proof of, 11. 57.
presumption against, 57.
evidence to character of prosecutrix,
212, 213.
Ratification, 28.
Real evidence in criminal cases, 295—
309.

Rebuttable presumptions of law, 20. 29.

r seal conclusive proof of payment,
19.21. 187.
not under seal only prima facie evi-
dence of payment, 187.
for last rent presumptive evidence of]
payment of all previous rent due,
43. 188.
Re-conveyance,

presumption of, 146.
Records,

how proved, 35. 149.
presumed to be correctly made, 68.
Recovery,
presumption in favour of, 79.
presumable from circumstances, 145.
Registration of deeds,

When presumed, 149.
Relation. (See Fictions.)

Release,

presumption of release of right of
way, 137.
of debt, 42. 188.
from creditors of bankrupt, 185.
Religion,

presumption in favour of, 72, 73.
Rent, 25. 80. 130.
perception of, prima facie evidence of
seisin in fee, 54. 87.
Repair,
of pews, 113.
of fences, 146.
Replevin clerk,

presumption of appointment of, 76.
Reply,

right to, when witnesses to character
are examined, 216. 347.
Reputation,

evidence of marriage, 70.
in criminal cases, 214.
Res judicata, 20. 23. 34.
Return to mandamus,

presumption in favour of, 78.
Revenue officers,

appointment of, 77.
Revocation,
presumption of, 189.
of will, 177. 206.
River,

presumption relative to soil at bottom
of, 240.

of agreement to use land abutting on,
178.

(See Navigable river).
Road. (See Highway.)
Robbery,

presumption against, 57.
fear presumed in cases of, 204.

Sale of goods under distress,

presumed to have been for the best
price, 69.
Satisfaction of term,
not a ground for presuming a surren-
der, 152.

Sea,

exclusive right over arm of, 110.
Sealing,
of deed, when presumed, 75. 81.
of bond to another in his absence, 178.
Sea-shore,

presumption relating to soil of, 240.
Seaworthiness, 49. 237.
Secondary evidence, 35, 36.
Security,

presumption from possession of, 188.
Seduction,

evidence to character in, 212.
Seisin of estate,
presumption of continuance from proof

of, ie6.

Seisin of estate, (continued.)

of occupation from allegation of,
242.
Set-off,

onus of proving lies on the defendant,
67.

proof of, by date of document, 182.
Settlement,
parochial, presumption of continuance
of, 186.

of accounts, presumption from, 42.
188. (See Payment.)
Several fishery,
presumption of ownership of soil of,

242.

Sexual intercourse,
presumption of, between husband and

wife, 71. 180.
males under fourteen presumed incapa-
ble of, 22.171.
Ship,

presumption of loss of, 237—239.
Signing,
proof of. (See Handwriting.)
presumptions from, 75. 81.
presumption of signing by testator, 82.

. '84.

Silence under accusation,

presumption of guilt from, 316.
Slander. (See Libel.)
Slight presumptions,

do not shift the burden of proof, 40.

use and effect of, 41.
Sovereign of foreign state, 236,237.
Special presumptions

take precedence of general ones, 53—
56.
Specialty,

receipt by, 19. 21. 187.

limitation of actions on, 187.

consideration for, presumed, 243.
Spoliator,

presumptions in disfavour of, 203—
210.

maxim, " Omnia presumuntur contra
spoliatorem," 203.

instances of its application, 203.
retaining jewels, 203, 204.
endeavouring to remove heir to estate,

204.

fear presumed in highway robbery,
204.

denial of receiving money proved to

have been received, 204.
destruction and fabrication of evidence,
204—206.

extent of presumption, 206, 207
recognized in maritime law, 239.
principle carried too far in practice,

207—210.
especially in criminal cases, 208—210
Stamp, presumption of, 84,85.148. 206.

Statute, presumption of, 145.
Strong presumptions of fact, 40.42—44.
shift burden of proof, 42.
effect of in civil and criminal cases,
43.

distinguishable from presumptions of
law, 44.

Sudden change of life or circumstances,

presumption of guilt from, 315.
Suicide, 9.177. 276. 285.
Surrender,
presumptions of, in general, 189.
presumption of surrender of term of

years by trustees, 150—168.
presumption of surrender of copyhold,
145.
Surrogate,
presumption of due appointment of,
58.76.
Survivorship,
presumption of, when several persons
perish by a common calamity, 192.
rules of the civil law, 192.
cases in this country, 193—201.
conclusion from them, 201, 202.

Tail, {Tenant in,) 67. 107. 170.
Tenant. (See Landlord.)
Term of years,
presumption of surrender of, 150—
168.
Testator,
signature of, to will, 82, 83.
seeing witnesses sign, 83.
Theatre,

presumption of being licensed, 65.
Threats,

presumption of guilt from, 314.
Time. (See Possession.)
presumption arising from length of, 45.
87.

Tithe collector, 77.
Tithes. (See Modus decimandi).
Title,

numerous presumptions in favour of,

144 et seq.
presumption of knowledge of, 180.
Toll, 50.93.
Trade,

presumption from usage of, 179. 181—
184.

contracts in restraint of, 243.
Treason,

presumption of, 177. 250.
Trespass, 27.
Trustees, 77.
conveyance by, 149, 150.
surrender by, 149. 168.

Undersheriff,

presumption of due appointment of, 76.
Unity of possession, 92. 122.

[graphic]

222

University,
right to grant alehouse license
Vice-chancellor of, 95.
Unseaworthiness,

when presumed, 237.
Usages of trade and habits of society,
presumptions from, 179—185.
instances, 179.181.184.
landlord and tenant, 179.
hiring of servant, 179.
to explain written instruments, 180,
181.

from usual course of business, 182
—185.
letters, 182—184.
publishing libel, 184.
partnership, 184.
bills of exchange, 184.
proof of debts, 185.
User. (See Possession).

Validity to acts,
presumption in favour of giving, 57.
67.

Vestry clerk,
presumption of due appointment of,
76.

Violent presumption,
illustration of, given by Lord Coke, 37.
objections to it, 37.

Waste lands,

presumption of title to, 241.
Watchmen,

presumption of appointment of, 77.
Watercourse,

claimable by prescription, 89.

or by lost grant, 102. 106.

since 2 & 3 Will. 4, c. 71,118. 124
129.

rights to, may be lost by non-user, 141
Way, right to,
may be claimed by prescription, 69
. 101.

or by lost grant, 102. 106.
under 2 & 3 Will. 4, c. 71, 118, 119
122.

may be lost by non-user, 137. 140
161.

(See Ilig hway.

Weirs,

right to erect, 109, 110.
Will,

proof of, 35. 81.

not impeachable for collusion undei

stat. Marlbridge, 73.
execution of, 82.
Witchcraft,

confessions of, 340.
Witness, attesting,
to deed, &c.,
when dispensed with, 81.
interlineations, &c., 86.
to will, 83, 84.
Witnesses,
presumption of truth of testimony of, 9
251.

mistake or mendacity of, 251.
Wrecifc,

evidence of prescriptive right to, 101.
Writing,

depositions before magistrates presum
ed to be taken in writing, 69.

evidence of usage to explain writtei
agreements, 180.
(See Handwriting.)

« AnteriorContinuar »