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Possession.)

definition, 88.

(See

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.

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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 præsumuntur ritè 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, &c.)
Presumptive reasoning, 8.
presump-Previous attempts,

classification of presumptions by
Lord Coke into violent, proba-
ble, and light, 37.
illustration of violent
tions, 37.

objections to, 37.

tion doubtful, 38.

presumption of guilt from, 310. 312.
Primary evidence, 35, 36.

utility of the threefold classifica- Prisoners' counsel act,

construction of, 345.

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Public officers,

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.

presumption of due appointment of, Return to mandamus,

76.

presumed to do their duty, 68.

Public rights,

presumption in favour of, 78.
Revenue officers,

in derogation of, 109, Revocation,

appointment of, 77.

presumptions

110.

Putting off trial, 349.

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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.

not under seal only prima facie evi-Sea,
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.)

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,

Seduction,

presumption from possession of, 188.

evidence to character in, 212.

Seisin of estate,

presumption of continuance from proof

of, 186.

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Seisin of estate, (continued.)

Statute, presumption of, 145.

of occupation from allegation of, Strong presumptions of fact, 40. 42-44.

Set-off,

242.

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.

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Spoliator,

shift burden of proof, 42.

effect of in civil and criminal cases,

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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.

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Tithe collector, 77.

presumptions in disfavour of, 203-Tithes. (See Modus decimandi).

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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.

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